Regular Session - June 20, 2017

                                                                   4934

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 20, 2017

11                     11:33 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR THOMAS D. CROCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               4935

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

 2                ACTING PRESIDENT CROCI:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT CROCI:   In the 

10   absence of clergy, may we bow our heads in a 

11   moment of silent prayer and reflection.

12                (Whereupon, the assemblage 

13   respected a moment of silence.) 

14                ACTING PRESIDENT CROCI:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, Monday, 

17   June 19th, the Senate met pursuant to 

18   adjournment.  The Journal of Sunday, June 18th, 

19   was read and approved.  On motion, Senate 

20   adjourned.

21                ACTING PRESIDENT CROCI:   Without 

22   objection, the Journal stands approved as read.

23               ACTING PRESIDENT CROCI:    

24  Presentation of petitions.

25                Messages from the Assembly.  


                                                               4936

 1                The Secretary will read.  

 2                ACTING PRESIDENT CROCI:   On 

 3   page 7, Senator Bonacic moves to discharge, from 

 4   the Committee on Rules, Assembly Bill Number 

 5   4448A and substitute it for the identical Senate 

 6   Bill 999A, Third Reading Calendar 198.  

 7                On page 12, Senator Bonacic moves 

 8   to discharge, from the Committee on Judiciary, 

 9   Assembly Bill Number 1482 and substitute it for 

10   the identical Senate Bill 2079, Third Reading 

11   Calendar 426.

12                On page 13, Senator Avella moves to 

13   discharge, from the Committee on Rules, 

14   Assembly Bill Number 7553 and substitute it for 

15   the identical Senate Bill 4835, Third Reading 

16   Calendar 480.

17                On page 15, Senator Croci moves to 

18   discharge, from the Committee on Rules, 

19   Assembly Bill Number 7008B and substitute it for 

20   the identical Senate Bill 5317A, Third Reading 

21   Calendar 518.

22                On page 25, Senator LaValle moves 

23   to discharge, from the Committee on Rules, 

24   Assembly Bill Number 6893A and substitute it for 

25   the identical Senate Bill 5385A, Third Reading 


                                                               4937

 1   Calendar 816.  

 2                On page 28, Senator Savino moves to 

 3   discharge, from the Committee on Health, 

 4   Assembly Bill Number 7006 and substitute it for 

 5   the identical Senate Bill 5629, Third Reading 

 6   Calendar 903.

 7                On page 29, Senator Jacobs moves to 

 8   discharge, from the Committee on Rules, 

 9   Assembly Bill Number 8408 and substitute it for 

10   the identical Senate Bill 5795A, Third Reading 

11   Calendar 977.

12                On page 33, Senator Larkin moves to 

13   discharge, from the Committee on Aging, 

14   Assembly Bill Number 1603 and substitute it for 

15   the identical Senate Bill 4732, Third Reading 

16   Calendar 1101.

17                And on page 34, Senator Marchione 

18   moves to discharge, from the Committee on Rules, 

19   Assembly Bill Number 7951 and substitute it for 

20   the identical Senate Bill 5995, Third Reading 

21   Calendar 1118.

22                ACTING PRESIDENT CROCI:   The 

23   substitutions are so ordered.

24                Messages from the Governor.

25                Reports of standing committees.


                                                               4938

 1                Reports of select committees.

 2                Communications and reports from 

 3   state officers.

 4                Motions and resolutions.

 5                Senator Lanza.

 6                SENATOR LANZA:   Mr. President, I 

 7   move that we adopt the Resolution Calendar, with 

 8   the exception of Resolution Number 2934.

 9                ACTING PRESIDENT CROCI:   All in 

10   favor of adopting the Resolution Calendar, with 

11   the exception of Resolution 2934, please signify 

12   by saying aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT CROCI:   Opposed, 

15   nay.

16                (No response.)

17                ACTING PRESIDENT CROCI:   The 

18   Resolution Calendar is adopted.

19                Senator Lanza.

20                SENATOR LANZA:   Mr. President, may 

21   we take up previously adopted Resolution Number 

22   2573, by Senator Tedisco, read the title only, 

23   and call on Senator Tedisco to speak.

24                ACTING PRESIDENT CROCI:   The 

25   Secretary will read, title only.


                                                               4939

 1                THE SECRETARY:   Legislative 

 2   Resolution Number 2573, by Senator Tedisco, 

 3   commending the Capital Region Chamber of Commerce 

 4   upon the occasion of celebrating the Military 

 5   Appreciation event on June 20, 2017.

 6                ACTING PRESIDENT CROCI:   Senator 

 7   Tedisco on the resolution.

 8                SENATOR TEDISCO:   Thank you, 

 9   Mr. President and colleagues.

10                I'm honored today to be the sponsor 

11   of UMAC Day for the Capital Region, which is 

12   United Military Affairs Council Day, along with 

13   the support of several of my colleagues in the 

14   Capital Region -- Senator Amedore, Senator 

15   Marchione, Senator Breslin.

16                To my right are several outstanding 

17   members of UMAC, a whole group of tremendous 

18   military leaders representing a number of 

19   important military installations here in the 

20   Capital Region.  Along with them are their 

21   partners in this partnership with UMAC, and they 

22   are the representatives and leaders here in our 

23   region of the Chamber of Commerce.  

24                And after I say a few words, I'd 

25   like to introduce them and have them stand and 


                                                               4940

 1   give them an important welcome.

 2                But first let me say today we 

 3   recognize the sacrifice and heroic service of our 

 4   men and women who serve and protect our country.  

 5   They are the best, they're the brightest, most 

 6   courageous and compassionate fighting force for 

 7   freedom on this earth.  They're the men and women 

 8   of the armed forces of the United States of 

 9   America.

10                Not only is the Capital Region 

11   blessed to be the home to these vital military 

12   installations that keep our state and nation 

13   safe, but they also provide -- as they may 

14   through your senatorial area in this 

15   Legislature -- our local economy with a 

16   tremendous amount of economic boost, which is 

17   estimated to be over $1 billion a year to help 

18   our small businesses and help expand and let our 

19   economy move forward and thrive.

20                Located in Glenville, the Stratton 

21   Air National Guard Base is home to the 

22   109th Airlift Wing, which flies the world's only 

23   ski-equipped aircraft.  The 109th has the 

24   responsibility of flying missions for the 

25   National Science Foundation-led program to 


                                                               4941

 1   Antarctica and to Greenland and the North Pole.  

 2   Recently, you may have seen, they flew a rescue 

 3   mission to Antarctica to save the life of 

 4   Apollo 11 astronaut Buzz Aldrin.

 5                The Nuclear Power Training Unit in 

 6   Ballston Spa trains our naval personnel to work 

 7   on nuclear-powered submarines and aircraft 

 8   carriers.  Half of the Navy's personnel who train 

 9   on those types of vessels come through this 

10   particular facility.

11                The men and women who work on these 

12   military bases are ready at a moment's notice to 

13   fight for our country and defend our freedom.  

14   These facilities are tremendously important to 

15   our local economy.  They have our backs each and 

16   every day.  We're here today as legislators and 

17   business leaders to say we have their backs and 

18   will fight to continue to support and host these 

19   facilities.

20                Thank you to our servicemen and 

21   -women for their patriotism, professionalism, and 

22   commitment in serving our country.  May God bless 

23   you and your families, our great state, and the 

24   United States of America.

25                At this time I would like to 


                                                               4942

 1   introduce these outstanding military leaders and 

 2   our leaders from the Chamber of Commerce, and 

 3   maybe they can stand as I introduce each one of 

 4   them.  

 5                One might be recognized a little bit 

 6   more than some of the other ones.  He was a part 

 7   of our family a few years back, and I heard he 

 8   could really hit the ball on the softball team at 

 9   one point.  

10                His name is Colonel Shawn A. 

11   Clouthier, commander of the 109th Airlift Wing, 

12   Stratton Air National Guard Base, and he is part 

13   of the Senate family.  He was a senior account 

14   clerk for the Senate for 12 years, and Frank 

15   Patience says the books have never been that good 

16   since you've left.  So congratulations.

17                (Laughter.)

18                SENATOR TEDISCO:   Colonel Alan N. 

19   Ross, vice wing commander of the 109th Airlift 

20   Wing, Stratton Air National Guard Base.  

21                Chief Master Sergeant Denny L. 

22   Richardson, command chief of the 109th Airlift 

23   Wing, Stratton Air National Guard Base.  

24                Commander Judd A. Krier, commanding 

25   officer of the Nuclear Power Training Unit, 


                                                               4943

 1   Ballston Spa.  

 2                Commander Robert J. Michael II, 

 3   commanding officer of Naval Support Activity, 

 4   Saratoga Springs.  

 5                Colonel John Andonie, chief of 

 6   staff, New York Army National Guard.  

 7                Lieutenant Colonel Mark Frank, 

 8   42nd Infantry Division, Headquarters and 

 9   Headquarters Battalion.  

10                Second Lieutenant Lasheri Mayes, 

11   2nd Battalion, 108th Infantry.  

12                First Sergeant Leah Crisalli, 

13   133rd Quartermaster Company.  

14                Sergeant First Class Robert Griffin, 

15   206 Military Police Company.  

16                Also with us are individuals 

17   returning from recent deployment:  Master 

18   Sergeant Henry Smith, 109th Airlift Wing; 

19   Master Sergeant Michael Patterson, 109th Airlift 

20   Wing; Technical Sergeant Caleb Brumleve, 

21   109th Airlift Wing.  He smiled then -- maybe I 

22   got that a little wrong.

23                (Laughter.)

24                SENATOR TEDISCO:   Representing the 

25   United Military Affairs Council -- and our leader 


                                                               4944

 1   on the Chamber of Commerce -- Mark Eagan, chief 

 2   executive officer of the Capital Region Chamber; 

 3   and Tom O'Connor, legislative director with the 

 4   Capital Region Chamber of Commerce.  

 5                Also with us is an important 

 6   individual who helps develop job creation and 

 7   business development and help our economy, 

 8   Amy Amoroso, director of the Veteran Business 

 9   Outreach Center.

10                Mr. President and my colleagues, 

11   please welcome the best and the brightest and the 

12   most fantastic group of military leaders and 

13   business leaders who have worked together to keep 

14   the retention of these important facilities, not 

15   only protecting our freedom and liberty, but 

16   protecting our economic vitality for the number 

17   of jobs and dollars that flow through their 

18   involvement in being here.

19                Mr. President, I wish you would 

20   welcome them, commend them, salute them, and 

21   offer them all the cordialities of this august 

22   Senate body.

23                ACTING PRESIDENT CROCI:   Thank you, 

24   Senator Tedisco.

25                Senator Amedore.


                                                               4945

 1                SENATOR AMEDORE:   Thank you, 

 2   Mr. President.  

 3                I rise to echo Senator Tedisco's 

 4   words and to showcase what I believe is our very 

 5   finest of the Capital Region, these great men and 

 6   women who wear our nation's uniform proudly in 

 7   service to give their all, their life, their 

 8   sacrifice, so that you and I can live freely and 

 9   believe in this great country and the values that 

10   this country offers.

11                So I thank them for all of your hard 

12   work, your service, and for being part of the 

13   Capital Region.  Because the vitality, the 

14   health, the liveliness, the success economically 

15   as well as security, all is a big part because of 

16   the installations we have right here and the fine 

17   work that you do and the service that you give 

18   us.

19                So thank you all.  Mr. President, 

20   please again welcome them to the Senate chamber.  

21   Thank you.

22                ACTING PRESIDENT CROCI:   We will.  

23                Senator Marchione.

24                SENATOR MARCHIONE:   Thank you, 

25   Mr. President.  


                                                               4946

 1                I rise to add my voice and my thanks 

 2   to the military that are here today -- in fact, 

 3   all military who protect and serve.  You are the 

 4   best of the best.  

 5                I'd also like to thank Senator 

 6   Tedisco for this resolution today.

 7                You know, I'm very grateful for all 

 8   that you do and all the sacrifices that you and 

 9   your families make in protection of all of us.  

10   But I also want you to know how grateful I am for 

11   the community service that you provide to the 

12   community and the presence that you have in our 

13   community.  

14                You are absolutely an economic 

15   driver in all of our communities, but you also 

16   are community participants.  We are at many 

17   events -- the Saratoga Springs Naval Group are at 

18   the events that I'm at.  They're at the parades.  

19   They are just part of the Chamber.  You have 

20   integrated into our community, and you give so 

21   much locally as well as the protections that you 

22   provide.  

23                Last week there was an event with 

24   the naval group through Milton, and showing 

25   different stuff to us and facilities and opening 


                                                               4947

 1   up and transparency.  I know that the Chamber 

 2   works just so closely.  Amy Amoroso, thank you.  

 3                Thank you, you all play such an 

 4   integral part, not only in the protection of all 

 5   of us but also in the community that you just 

 6   embrace and become part of.  

 7                So thank you so very much for all 

 8   that you do.  I'm grateful that you are here, I'm 

 9   grateful for our service, and I'm thankful for 

10   this tremendous resolution honoring all of you.  

11                Thank you, Mr. President.  

12                ACTING PRESIDENT CROCI:   Thank you, 

13   Senator Marchione.

14                To the Capital Chamber and to all of 

15   the members of our uniformed armed forces here 

16   today with us, we welcome you to the New York 

17   State Senate.  We extend all the privileges and 

18   courtesies of this house to you.  On behalf of a 

19   very grateful state and nation, we thank you for 

20   your service to our country.

21                And with that, if you would please 

22   rise and be recognized by this house.

23                (Standing ovation.)

24                ACTING PRESIDENT CROCI:   Senator 

25   Lanza.


                                                               4948

 1                SENATOR LANZA:   Mr. President, 

 2   please call up Resolution Number 2934, by Senator 

 3   Peralta, title only.

 4                ACTING PRESIDENT CROCI:   Very well.  

 5                With relation to the previous 

 6   resolution, Senator Tedisco has opened it up for 

 7   cosponsorship.  If you would like to be a 

 8   cosponsor, please notify the desk.

 9                The Secretary will read Resolution 

10   2934.

11                THE SECRETARY:   Legislative 

12   Resolution Number 2934, by Senator Peralta, 

13   commemorating the 208th Independence Day in 

14   Ecuador on August 10, 2017.

15                ACTING PRESIDENT CROCI:   All in 

16   favor of adopting Resolution 294 please signify 

17   by saying aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT CROCI:   Opposed, 

20   nay.

21                (No response.)

22                ACTING PRESIDENT CROCI:   The 

23   resolution is adopted.

24                Senator Lanza.

25                SENATOR LANZA:   Mr. President, 


                                                               4949

 1   there will be an immediate meeting of the 

 2   Judiciary Committee off the floor in Room 124 of 

 3   the Capitol for nominations.

 4                ACTING PRESIDENT CROCI:   There will 

 5   be an immediate meeting of the Judiciary 

 6   Committee in Room 124 of the Capitol for 

 7   nominations.

 8                Senator Lanza.

 9                SENATOR LANZA:   Mr. President, may 

10   we now please move to the noncontroversial 

11   reading of the calendar.

12                ACTING PRESIDENT AKSHAR:   The 

13   Secretary will read.

14                THE SECRETARY:   Calendar Number 85, 

15   by Senator DeFrancisco, Senate Print 241, an act 

16   to amend the Criminal Procedure Law.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.  

19                SENATOR SERRANO:   Lay it aside, 

20   please. 

21                ACTING PRESIDENT AKSHAR:   Lay the 

22   bill aside.

23                THE SECRETARY:   Calendar Number 

24   105, by Senator Avella, Senate Print 1288, an act 

25   to amend the Administrative Code of the City of 


                                                               4950

 1   New York.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Announce 

10   the result.

11                THE SECRETARY:   In relation to 

12   Calendar 105:  Ayes, 56.  Nays, 2.  Senators 

13   DeFrancisco and Krueger recorded in the negative.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   128, by Senator Lanza, Senate Print 2600, an act 

18   to amend the General Municipal Law.

19                ACTING PRESIDENT AKSHAR:   Read the 

20   last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT AKSHAR:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4951

 1                ACTING PRESIDENT AKSHAR:   Announce 

 2   the results.

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT AKSHAR:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   198, substituted earlier by Member of the 

 8   Assembly Pretlow, Assembly Print 4448A, an act to 

 9   amend the Racing, Pari-Mutuel Wagering and 

10   Breeding Law.

11                ACTING PRESIDENT AKSHAR:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Announce 

19   the result.

20                THE SECRETARY:   Ayes, 58.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   270, by Senator Golden, Senate Print 3552A, an 

25   act to amend the Retirement and Social Security 


                                                               4952

 1   Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Announce 

10   the result.

11                THE SECRETARY:   Ayes, 58.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   350, by Senator Flanagan, Senate Print 3532, an 

16   act to amend the Parks, Recreation and Historic 

17   Preservation Law.

18                ACTING PRESIDENT AKSHAR:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT AKSHAR:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT AKSHAR:   Announce 


                                                               4953

 1   the result.

 2                THE SECRETARY:   Ayes, 58.

 3                ACTING PRESIDENT AKSHAR:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   426, substituted earlier by Member of the 

 7   Assembly Weinstein, Assembly Print 1482, an act 

 8   to amend the Estates, Powers and Trusts Law.

 9                ACTING PRESIDENT AKSHAR:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the first of January.

13                ACTING PRESIDENT AKSHAR:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT AKSHAR:   Announce 

17   the result.

18                THE SECRETARY:   Ayes, 58.

19                ACTING PRESIDENT AKSHAR:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   480, substituted earlier by Member of the 

23   Assembly Buchwald, Assembly Print 7553, an act to 

24   amend the Family Court Act.

25                ACTING PRESIDENT AKSHAR:   Read the 


                                                               4954

 1   last section.

 2                THE SECRETARY:   Section 10.  This 

 3   act shall take effect on the 90th day.

 4                ACTING PRESIDENT AKSHAR:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT AKSHAR:   Announce 

 8   the result.

 9                THE SECRETARY:   Ayes, 58.

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   482, by Senator Klein, Senate Print 1990, an act 

14   to amend the Administrative Code of the City of 

15   New York.

16                ACTING PRESIDENT AKSHAR:   Read the 

17   last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect on the 180th day.

20                ACTING PRESIDENT AKSHAR:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT AKSHAR:   Senator 

24   Krueger to explain her vote.

25                SENATOR KRUEGER:   Thank you, 


                                                               4955

 1   Mr. President.

 2                I rise to explain why I'm voting no.  

 3   Not because I'm opposed to the possibility of 

 4   private developers getting involved in repairs to 

 5   NYCHA -- and it should go through a detailed and 

 6   complex contract process, because you can't just 

 7   have anybody coming into buildings and doing 

 8   whatever -- but I'm opposed because it actually 

 9   overrides the local government of New York City, 

10   the City Council, the ULURP process, City 

11   Planning, the borough president's ability to vote 

12   to change zoning to approve or disapprove 

13   development of different types and heights and 

14   location, and somehow allows developers to make 

15   their own deals without going through the normal 

16   city process in exchange for helping NYCHA.

17                It's two things that shouldn't be 

18   combined together this way without heavy input 

19   from the City of New York and its local 

20   government, and it's a superseding of local 

21   powers.  And I vote no, Mr. President.

22                ACTING PRESIDENT AKSHAR:   Senator 

23   Krueger to be recorded in the negative.

24                Announce the result.

25                THE SECRETARY:   In relation to 


                                                               4956

 1   Calendar 482, those recorded in the negative are 

 2   Senators Comrie, Gianaris, Krueger, Persaud, 

 3   Rivera, Sanders, Serrano and Squadron.

 4                Ayes, 50.  Nays, 8.

 5                ACTING PRESIDENT AKSHAR:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   489, by Senator Ortt, Senate Print 714, an act to 

 9   amend the Penal Law.

10                ACTING PRESIDENT AKSHAR:   Read the 

11   last section.

12                THE SECRETARY:   Section 24.  This 

13   act shall take effect on the 60th day.

14                ACTING PRESIDENT AKSHAR:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT AKSHAR:   Announce 

18   the result.

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT AKSHAR:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   518, substituted earlier by Member of the 

24   Assembly DenDekker, Assembly Print 7008B, an act 

25   to amend the Executive Law.


                                                               4957

 1                ACTING PRESIDENT AKSHAR:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT AKSHAR:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT AKSHAR:   Announce 

 9   the result.

10                THE SECRETARY:   Ayes, 58.

11                ACTING PRESIDENT AKSHAR:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   572, by Senator Bonacic, Senate Print 5377, an 

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

16   Breeding Law.

17                SENATOR SERRANO:   Lay it aside, 

18   please. 

19                ACTING PRESIDENT AKSHAR:   The bill 

20   is laid aside.

21                THE SECRETARY:   Calendar Number 

22   601, by Senator Young, Senate Print 549, an act 

23   to amend the Education Law.

24                ACTING PRESIDENT AKSHAR:   Read the 

25   last section.


                                                               4958

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT AKSHAR:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT AKSHAR:   Announce 

 7   the result.

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

 9   Senator Dilan recorded in the negative.

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   645, by Senator Hannon, Senate Print 2542A, an 

14   act to amend the Tax Law.

15                ACTING PRESIDENT AKSHAR:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the first day of the 

19   month.

20                ACTING PRESIDENT AKSHAR:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT AKSHAR:   Announce 

24   the result.

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


                                                               4959

 1   Senator Ranzenhofer recorded in the negative.

 2                ACTING PRESIDENT AKSHAR:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   699, by Senator Marcellino, Senate Print 2587B, 

 6   an act to amend the Vehicle and Traffic Law.

 7                ACTING PRESIDENT AKSHAR:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect on the 120th day.

11                ACTING PRESIDENT AKSHAR:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT AKSHAR:   Announce 

15   the result.

16                THE SECRETARY:   Ayes, 58.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   732, by Senator LaValle, Senate Print 3851, an 

21   act to amend the Education Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 15.  This 

25   act shall take effect immediately.


                                                               4960

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Announce 

 5   the result.

 6                THE SECRETARY:   Ayes, 58.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   733, by Senator Little, Senate Print 138, an act 

11   to amend the Tax Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 6.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Announce 

20   the result.

21                THE SECRETARY:   Ayes, 58.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   816, substituted earlier by Member of the 


                                                               4961

 1   Assembly Thiele, Assembly Print 6893A, an act to 

 2   amend the Economic Development Law.

 3                ACTING PRESIDENT AKSHAR:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT AKSHAR:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT AKSHAR:   Announce 

11   the result.

12                THE SECRETARY:   Ayes, 58.

13                ACTING PRESIDENT AKSHAR:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   894, by Senator Ranzenhofer, Senate Print 3875, 

17   an act to amend the Education Law.

18                ACTING PRESIDENT AKSHAR:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect on the 120th day.

22                ACTING PRESIDENT AKSHAR:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT AKSHAR:   Senator 


                                                               4962

 1   Hamilton to explain his vote.

 2                SENATOR HAMILTON:   Yes, 

 3   Mr. President, I rise to vote yes on this bill.  

 4   I think this bill is a phenomenal bill that 

 5   Senator Ranzenhofer has introduced.  

 6                My son was in a robotics competition 

 7   this year, and it just stimulated his intuitive 

 8   knowledge of being creative.  And I hope that one 

 9   day computer technology will be part of the 

10   curriculum in our schools -- math, English, 

11   science, computer technology.  

12                So I just want to commend Senator 

13   Ranzenhofer for introducing this bill.

14                ACTING PRESIDENT AKSHAR:   Senator 

15   Hamilton to be recorded in the affirmative.

16                Announce the result.

17                THE SECRETARY:   Ayes, 58.

18                ACTING PRESIDENT AKSHAR:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   903, substituted earlier by Member of the 

22   Assembly Gottfried, Assembly Print 7006 --

23                SENATOR DeFRANCISCO:   Lay the bill 

24   aside.

25                ACTING PRESIDENT AKSHAR:   The bill 


                                                               4963

 1   is laid aside.

 2                THE SECRETARY:   Calendar Number 

 3   911, by Senator Robach, Senate Print 409, an act 

 4   to amend the Penal Law.

 5                ACTING PRESIDENT AKSHAR:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the first of November.

 9                ACTING PRESIDENT AKSHAR:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT AKSHAR:   Announce 

13   the results.

14                THE SECRETARY:   Ayes, 58.

15                ACTING PRESIDENT AKSHAR:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   977, substituted earlier by Member of the 

19   Assembly Simotas, Assembly Print 8408, an act to 

20   amend the State Administrative Procedure Act.

21                ACTING PRESIDENT AKSHAR:   Read the 

22   last section.

23                THE SECRETARY:   Section 8.  This 

24   act shall take effect October 1, 2017.

25                ACTING PRESIDENT AKSHAR:   Call the 


                                                               4964

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT AKSHAR:   Results.

 4                THE SECRETARY:   Ayes, 58.

 5                ACTING PRESIDENT AKSHAR:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1042, by Senator Funke, Senate Print 1356B, an 

 9   act to amend the Education Law.

10                ACTING PRESIDENT AKSHAR:   Read the 

11   last section.

12                SENATOR SERRANO:   Lay it aside, 

13   please.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is laid aside.

16                THE SECRETARY:   Calendar Number 

17   1068, by Senator Lanza, Senate Print 5016A, an 

18   act to amend the Executive Law.

19                ACTING PRESIDENT AKSHAR:   Read the 

20   last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT AKSHAR:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4965

 1                ACTING PRESIDENT AKSHAR:   Announce 

 2   the result.

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT AKSHAR:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1101, substituted earlier by Member of the 

 8   Assembly Skoufis, Assembly Print 1603, an act to 

 9   amend the Real Property Tax Law.

10                ACTING PRESIDENT AKSHAR:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT AKSHAR:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT AKSHAR:   Announce 

18   the result.

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT AKSHAR:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1113, by Senator LaValle, Senate Print --

24                SENATOR DeFRANCISCO:   Lay the bill 

25   aside temporarily.


                                                               4966

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   will be laid aside temporarily.

 3                THE SECRETARY:   Calendar Number 

 4   1118, substituted earlier by Member of the 

 5   Assembly Wallace, Assembly Print 7951, an act to 

 6   amend the Town Law.

 7                ACTING PRESIDENT AKSHAR:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT AKSHAR:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT AKSHAR:   Announce 

15   the result.

16                THE SECRETARY:   Ayes, 58.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1119, by Senator LaValle, Senate Print 6039A, an 

21   act to provide.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 4.  This 

25   act shall take effect immediately.


                                                               4967

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Announce 

 5   the result.

 6                THE SECRETARY:   Ayes, 58.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1242, by Senator LaValle, Senate Print 4425, an 

11   act to amend the Education Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 4.  This 

15   act shall take effect on the 180th day.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Announce 

20   the result.

21                THE SECRETARY:   Ayes, 58.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1251, by Senator Felder, Senate Print 6074, an 


                                                               4968

 1   act to amend the General City Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 12.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Announce 

10   the result.

11                THE SECRETARY:   Ayes, 58.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1252, by Senator Felder, Senate Print 6271, an 

16   act to amend the Administrative Code of the City 

17   of New York.

18                ACTING PRESIDENT AKSHAR:   Read the 

19   last section.

20                THE SECRETARY:   Section 8.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT AKSHAR:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT AKSHAR:   Announce 


                                                               4969

 1   the result.

 2                THE SECRETARY:   Ayes, 58.

 3                ACTING PRESIDENT AKSHAR:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1255, by Senator Ortt, Senate Print 370A, an act 

 7   to amend the Public Authorities Law.

 8                ACTING PRESIDENT AKSHAR:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect on the first of January.

12                ACTING PRESIDENT AKSHAR:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT AKSHAR:   Announce 

16   the results.

17                THE SECRETARY:   In relation to 

18   Calendar 1255, those recorded in the negative are 

19   Senators DeFrancisco, Dilan, Krueger, Rivera, 

20   Serrano and Squadron.

21                Ayes, 52.  Nays, 6.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1260, by Senator Ortt, Senate Print 1750, an act 


                                                               4970

 1   to amend the Tax Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Announce 

10   the result.

11                THE SECRETARY:   Ayes, 58.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1295, by Senator Hamilton, Senate Print 5204B, an 

16   act to amend the Not-For-Profit Corporation Law.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT AKSHAR:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT AKSHAR:   Announce 

25   the result.


                                                               4971

 1                THE SECRETARY:   Ayes, 58.

 2                ACTING PRESIDENT AKSHAR:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1299, by Senator Ranzenhofer, Senate Print 6396, 

 6   an act to amend the Not-For-Profit Corporation 

 7   Law.

 8                ACTING PRESIDENT AKSHAR:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT AKSHAR:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT AKSHAR:   Announce 

16   the result.

17                THE SECRETARY:   Ayes, 58.

18                ACTING PRESIDENT AKSHAR:   That bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1315, by Senator Lanza, Senate Print 5070, an act 

22   to amend the Criminal Procedure Law.

23                ACTING PRESIDENT AKSHAR:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4972

 1   act shall take effect immediately.

 2                ACTING PRESIDENT AKSHAR:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT AKSHAR:   Announce 

 6   the result.

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

 8   Senator Sanders recorded in the negative.  

 9                ACTING PRESIDENT AKSHAR:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1317, by Senator Lanza, Senate Print 5195A, an 

13   act to amend the Criminal Procedure Law.

14                ACTING PRESIDENT AKSHAR:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT AKSHAR:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT AKSHAR:   Announce 

22   the result.

23                THE SECRETARY:   In relation to 

24   Calendar 1317, those recorded in the negative are 

25   Senators Dilan, Krueger, Persaud, Rivera and 


                                                               4973

 1   Squadron.

 2                Ayes, 53.  Nays, 5.

 3                ACTING PRESIDENT AKSHAR:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1335, by Senator Bonacic, Senate Print 5413, an 

 7   act to authorize.

 8                ACTING PRESIDENT AKSHAR:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT AKSHAR:   Call the 

13   roll.

14                (The Secretary called the roll.)

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

16   Senator DeFrancisco recorded in the negative.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1355, by Senator Bonacic, Senate Print 6244, an 

21   act to amend the Rural Electric Cooperative Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect on the first of January.


                                                               4974

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Announce 

 5   the result.

 6                THE SECRETARY:   Ayes, 58.

 7                ACTING PRESIDENT AKSHAR:   That bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1357, by Senator Griffo, Senate Print 6336, an 

11   act to amend the Energy Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Announce 

20   the result.

21                THE SECRETARY:   Ayes, 58.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1360, by Senator Marchione, Senate Print 176, an 


                                                               4975

 1   act to amend the Penal Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect on the first of November.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

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

10   Senator Benjamin recorded in the negative.

11                ACTING PRESIDENT AKSHAR:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1365, by Senator Murphy, Senate Print 303, an act 

15   to direct.

16                ACTING PRESIDENT AKSHAR:   Read the 

17   last section.

18                THE SECRETARY:   Section 4.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT AKSHAR:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT AKSHAR:   Announce 

24   the result.

25                THE SECRETARY:   Ayes, 58.


                                                               4976

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1378, by Senator Young, Senate Print 833, an act 

 5   to establish.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 5.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT AKSHAR:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT AKSHAR:   Announce 

14   the result.

15                THE SECRETARY:   Ayes, 58.

16                ACTING PRESIDENT AKSHAR:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1391, by Senator Marcellino, Senate Print 1257, 

20   an act to amend the Vehicle and Traffic Law.

21                ACTING PRESIDENT AKSHAR:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the 60th day.

25                ACTING PRESIDENT AKSHAR:   Call the 


                                                               4977

 1   roll.  

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT AKSHAR:   Announce 

 4   the result.

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

 6   Senator Funke recorded in the negative.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1395, by Senator Marcellino, Senate Print 1309, 

11   an act to amend the Highway Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Announce 

20   the result.

21                THE SECRETARY:   Ayes, 58.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1396, by Senator Marcellino, Senate Print 1312, 


                                                               4978

 1   an act to amend the Vehicle and Traffic Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Announce 

10   the result.

11                THE SECRETARY:   In relation to 

12   Calendar 1396, those recorded in the negative are 

13   Senators Avella, Gianaris, Hamilton, Krueger, 

14   Persaud, Rivera, Serrano and Squadron.

15                Ayes, 50.  Nays, 8.

16                ACTING PRESIDENT AKSHAR:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1418, by Senator Marcellino, Senate Print 2403, 

20   an act to amend the Penal Law.

21                ACTING PRESIDENT AKSHAR:   Read the 

22   last section.

23                THE SECRETARY:   Section 4.  This 

24   act shall take effect on the first of November.

25                ACTING PRESIDENT AKSHAR:   Call the 


                                                               4979

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT AKSHAR:   Announce 

 4   the result.

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

 6   Senator Squadron recorded in the negative.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1440, by Senator DeFrancisco, Senate Print 3129, 

11   an act to amend the Civil Practice Law and Rules.

12                SENATOR SERRANO:   Lay it aside, 

13   please. 

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is laid aside.

16                THE SECRETARY:   Calendar Number 

17   1463, by Senator LaValle, Senate Print 4138, an 

18   act to amend the Education Law.

19                ACTING PRESIDENT AKSHAR:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT AKSHAR:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4980

 1                ACTING PRESIDENT AKSHAR:   Announce 

 2   the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar 1463, those recorded in the negative are 

 5   Senators Alcantara, Benjamin, Brooks, Comrie, 

 6   Díaz, Dilan, Gianaris, Krueger, Latimer, 

 7   Montgomery, Peralta, Persaud, Rivera, Sanders, 

 8   Serrano, Squadron and Stewart-Cousins.

 9                Ayes, 41.  Nays, 17.

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1465, by Senator Gallivan, Senate Print 4252A, an 

14   act to authorize.

15                ACTING PRESIDENT AKSHAR:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT AKSHAR:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT AKSHAR:   Announce 

23   the result.

24                THE SECRETARY:   Ayes, 58.

25                ACTING PRESIDENT AKSHAR:   The bill 


                                                               4981

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1472, by Senator Seward, Senate Print 4454, an 

 4   act to amend the Vehicle and Traffic Law.

 5                ACTING PRESIDENT AKSHAR:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect January 1, 2018.

 9                ACTING PRESIDENT AKSHAR:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT AKSHAR:   Announce 

13   the result.

14                THE SECRETARY:   Ayes, 58.

15                ACTING PRESIDENT AKSHAR:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1473, by Senator Seward, Senate Print 4547, an 

19   act to amend the Vehicle and Traffic Law.

20                ACTING PRESIDENT AKSHAR:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the first of January.

24                ACTING PRESIDENT AKSHAR:   Call the 

25   roll.


                                                               4982

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT AKSHAR:   Announce 

 3   the result.

 4                THE SECRETARY:   In relation to 

 5   Calendar 1473, those recorded in the negative are 

 6   Senators Akshar, Dilan, Funke, Gallivan, Griffo, 

 7   Helming, Marchione, Ortt, Ritchie and Serino.  

 8                Ayes, 48.  Nays, 10.

 9                ACTING PRESIDENT AKSHAR:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1510, by Senator Klein, Senate Print 4711, an act 

13   to amend the General Business Law.

14                SENATOR SERRANO:   Lay it aside, 

15   please. 

16                ACTING PRESIDENT AKSHAR:   The bill 

17   is laid aside.

18                THE SECRETARY:   Calendar Number 

19   1660, by Senator Robach, Senate Print 6042B, an 

20   act to amend the Criminal Procedure Law.

21                ACTING PRESIDENT AKSHAR:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT AKSHAR:   Call the 


                                                               4983

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT AKSHAR:   Announce 

 4   the result.

 5                THE SECRETARY:   In relation to 

 6   Calendar 1660, those recorded in the negative are 

 7   Senators Dilan, Krueger and Rivera.  

 8                Ayes, 55.  Nays, 3.

 9                ACTING PRESIDENT AKSHAR:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1829, by Senator Croci, Senate Print --

13                SENATOR DeFRANCISCO:   Lay the bill 

14   aside for the day, please.

15                ACTING PRESIDENT AKSHAR:   That bill 

16   will be laid aside for the day.

17                Senator DeFrancisco, that completes 

18   the noncontroversial reading of the calendar.

19                SENATOR DeFRANCISCO:   Could you 

20   take up the controversial reading in order, 

21   please.

22                ACTING PRESIDENT AKSHAR:   The 

23   Secretary will ring the bell.

24                The Secretary will read.

25                THE SECRETARY:   Calendar Number 85, 


                                                               4984

 1   by Senator DeFrancisco, Senate Print 241, an act 

 2   to amend the Criminal Procedure Law.

 3                SENATOR RIVERA:   Explanation.

 4                SENATOR DeFRANCISCO:   Okay.

 5                ACTING PRESIDENT AKSHAR:   Senator 

 6   DeFrancisco.

 7                SENATOR DeFRANCISCO:   This is a 

 8   very easy bill to explain, and it's spelled out 

 9   in the bill memo.  

10                Basically what it is is that from 

11   time to time, people are being considered for the 

12   judicial diversion program, which is a great 

13   program.  The problem is in determining whether 

14   or not someone should be granted that benefit, 

15   what has to be clear is that whoever is making 

16   that decision, the judge that's making the 

17   decision, should have all the information needed 

18   in order to make a good decision.

19                And what this does is make sure that 

20   sealed records of the juvenile are accessible, 

21   whether it's a juvenile or a criminal case, are 

22   accessible to the judge or whoever is determining 

23   whether judicial diversion should be done.  

24                We had a situation in our community 

25   where an officer was killed by someone who was 


                                                               4985

 1   out on a judicial diversion program who had a 

 2   violent history, but the judge had no clue about 

 3   it because records were sealed when that person 

 4   was a juvenile.  So this is what the reason 

 5   behind it is.  

 6                SENATOR RIVERA:   Mr. President, 

 7   through you, if the sponsor would yield for a few 

 8   questions.

 9                ACTING PRESIDENT AKSHAR:   Will the 

10   sponsor yield for a question? 

11                SENATOR DeFRANCISCO:   Yes.

12                ACTING PRESIDENT AKSHAR:   The 

13   sponsor yields.

14                SENATOR RIVERA:   Thank you, 

15   Mr. President.

16                So what the judge can currently see, 

17   this would expand that past a 10-year window, is 

18   that correct?

19                SENATOR DeFRANCISCO:   It can expand 

20   it.  At any time the judge could take a look at 

21   the juvenile records of an individual to see what 

22   history of violence they have, in making a 

23   determination as to whether judicial diversion is 

24   appropriate.

25                SENATOR RIVERA:   Through you, 


                                                               4986

 1   Mr. President, if the sponsor will continue to 

 2   yield.

 3                ACTING PRESIDENT AKSHAR:   Senator 

 4   DeFrancisco, do you continue to yield?  

 5                SENATOR DeFRANCISCO:   Yes.

 6                ACTING PRESIDENT AKSHAR:   The 

 7   Senator yields.

 8                SENATOR RIVERA:   So through you, 

 9   Mr. President, are you saying that that would be 

10   the case if this bill were to pass?  Or are you 

11   saying that is the current status?  

12                SENATOR DeFRANCISCO:   The judge 

13   cannot see the sealed records now.  If this 

14   happens, he could see or she could see the sealed 

15   records to make a more responsible decision as to 

16   whether this person was appropriate for judicial 

17   diversion.

18                SENATOR RIVERA:   Through you, 

19   Mr. President, if the sponsor would continue to 

20   yield.

21                ACTING PRESIDENT AKSHAR:   Does the 

22   sponsor yield?  

23                SENATOR DeFRANCISCO:   Yes.

24                ACTING PRESIDENT AKSHAR:   The 

25   sponsor yields.


                                                               4987

 1                SENATOR RIVERA:   Through you, 

 2   Mr. President, this is in any case -- what kind 

 3   of specific diversion programs are we talking 

 4   about that the person would be eligible for that 

 5   this would -- that the judge would take this new 

 6   information into consideration for?

 7                SENATOR DeFRANCISCO:   I don't -- I 

 8   can't list for you, chapter and verse, every 

 9   judicial diversion program.  There's more in some 

10   jurisdictions and less in others.  

11                But I can just tell you if that is a 

12   decision that a judge has to make, I believe -- 

13   and that's why the bill is here before us -- I 

14   believe that the judge should have all of the 

15   information.  

16                And since judicial diversion is a 

17   benefit, it's actually a thing that the person 

18   who's being considered -- it's good for that 

19   person, it's a benefit -- that person should be 

20   willing and the court should have all the 

21   information about that person before a violent 

22   person -- even if the violence was shown as a 

23   juvenile, the judge could decide whether this is 

24   the appropriate person to go in such a program.

25                SENATOR RIVERA:   Mr. President, on 


                                                               4988

 1   the bill.

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Rivera on the bill.

 4                SENATOR RIVERA:   Thank you, 

 5   Mr. President.  I thank the sponsor for the 

 6   answers.

 7                It seems to me that -- while 

 8   certainly on its face the bill seems 

 9   commonsensical, it seems that you would have an 

10   individual that might or might not have done 

11   something in sealed records in the past, and that 

12   a judge should take that -- this would open it up 

13   so that it opens it up into consideration.

14                The issue I have with it, 

15   Mr. President, is that it seems that it would 

16   be -- it would create a very broad category of 

17   information that would then be available to the 

18   judge to make that decision.  It seems that if 

19   there has been a person that for the last 

20   10 years has -- if that is the current window 

21   that exists, if a person in their youth might 

22   have done something wrong, but if for the last 

23   10 years the judge already has access to all the 

24   information -- and certainly the sponsor can 

25   correct me if I'm wrong, but if the judge has all 


                                                               4989

 1   the information for those last 10 years of that 

 2   person's life, then certainly it would make sense 

 3   that those 10 years should be the most 

 4   significant in determining whether this person 

 5   should be given the opportunity for a diversion 

 6   program.

 7                If, say, over the last 10 years that 

 8   individual has done, again, everything in his or 

 9   her power to be on the straight and narrow, may 

10   have -- they may have made a mistake many years 

11   ago, but in that case that the sponsor mentioned, 

12   it would be important to know what those 10 years 

13   that the judge did have access to information, 

14   what those 10 years actually showed from that 

15   person.

16                It seems that if that -- those 

17   10 years should be enough for a judge to 

18   determine, Mr. President, if that person should 

19   be allowed to get access to a diversion program 

20   or not.

21                ACTING PRESIDENT AKSHAR:   Senator 

22   DeFrancisco, why do you rise?

23                SENATOR DeFRANCISCO:   Maybe I 

24   didn't clearly state the situation.  The judge in 

25   a diversion decision has to -- 


                                                               4990

 1                SENATOR RIVERA:   Am I being asked 

 2   to yield, Mr. President?

 3                SENATOR DeFRANCISCO:   Oh, I'm 

 4   sorry, I was --

 5                ACTING PRESIDENT AKSHAR:   Senator 

 6   DeFrancisco, do you wish to explain a prior 

 7   question?  

 8                SENATOR DeFRANCISCO:   I'd just like 

 9   to -- I think I may have -- he may have 

10   misinterpreted one of my answers, and I'd like 

11   to -- 

12                SENATOR RIVERA:   Well, through you, 

13   Mr. President, I would certainly yield for a 

14   clarification.  

15                ACTING PRESIDENT AKSHAR:   Senator 

16   Rivera yields for a clarification.

17                SENATOR DeFRANCISCO:   In 

18   determining whether someone is eligible for 

19   judicial diversion, the judge can go back 

20   10 years.  The problem is, they can see 

21   everything in the prior 10 years except sealed 

22   records.  So it's not that the judge already has 

23   the prior 10 years of information, it's some of 

24   it is excluded, the sealed records.  

25                That's why this bill is saying the 


                                                               4991

 1   judge should take a look at those sealed records, 

 2   because there's a gap in the 10 years as to what 

 3   happened and what that child's -- or juvenile's 

 4   conduct was or his adult conduct when that person 

 5   was a juvenile.  

 6                SENATOR RIVERA:   Through you, 

 7   Mr. President, if the sponsor would continue to 

 8   yield, actually, for another question.

 9                SENATOR DeFRANCISCO:   Yes.

10                ACTING PRESIDENT AKSHAR:   Senator 

11   DeFrancisco yields for another question.

12                SENATOR RIVERA:   Thank you, 

13   Mr. President.  

14                Through you, what would be the 

15   reason that a record would be sealed?  What are 

16   some of the reasons that would exist for a record 

17   to be sealed?  

18                SENATOR DeFRANCISCO:   If you go 

19   through Family Court, they're automatically 

20   sealed for any juvenile offense.  That's the law 

21   presently.  And that's why the judge currently 

22   doesn't have that, the judge doesn't have that 

23   information before the judge.  So automatically 

24   they're sealed.

25                SENATOR RIVERA:   Through you, 


                                                               4992

 1   Mr. President, if the sponsor will continue to 

 2   yield.

 3                ACTING PRESIDENT AKSHAR:   Senator 

 4   DeFrancisco, do you yield?  

 5                SENATOR DeFRANCISCO:   Yes.

 6                ACTING PRESIDENT AKSHAR:   Senator 

 7   DeFrancisco yields.

 8                SENATOR RIVERA:   So this is -- 

 9   would this be true in all cases?  Meaning, 

10   Mr. President, through you, if there are certain 

11   instances during that juvenile's records that 

12   something that that juvenile did, there are -- 

13   would there be, across the board, every single 

14   thing that that person could have been 

15   responsible for would be sealed?  Or would it be 

16   certain things and others would then not be 

17   sealed?  

18                SENATOR DeFRANCISCO:   My 

19   understanding in Family Court is that records are 

20   automatically sealed when you are a juvenile.  

21   And if that juvenile, or later an adult, wants 

22   the benefit of judicial diversion so they don't 

23   go through the court system, potential jail and 

24   the like, the judge making that decision has a 

25   gap if there's a juvenile record.  


                                                               4993

 1                And as a result of that, this bill 

 2   will eliminate that gap by unsealing the records.

 3                SENATOR RIVERA:   Mr. President, 

 4   through you, if the sponsor will continue to 

 5   yield.

 6                ACTING PRESIDENT AKSHAR:   Does the 

 7   sponsor yield for a question?  Senator 

 8   DeFrancisco, will you yield for another question?  

 9                SENATOR DeFRANCISCO:   Oh, yes.  

10   Yes.

11                SENATOR RIVERA:   One second, 

12   Mr. President.

13                ACTING PRESIDENT AKSHAR:   Yes, sir.

14                SENATOR RIVERA:   Thank you for the 

15   time, Mr. President.  And thank you to the 

16   sponsor.

17                Would there be an instance -- 

18   through you, Mr. President, would there be an 

19   instance in which there was a dismissal or 

20   adjournment of a case that -- in other words, 

21   would part of that sealed record potentially be 

22   things that were ultimately dismissed or 

23   adjourned?  In other words, something that 

24   wouldn't necessarily tell you that this person is 

25   not worthy to be in a diversion program?


                                                               4994

 1                SENATOR DeFRANCISCO:   Let me -- I'm 

 2   not sure I fully understand it, but I guess -- 

 3   there's dispositions in court, adjournments in 

 4   contemplation of dismissal, if that's what you're 

 5   talking about, where cases are set aside for a 

 6   period of six months and then dismissed if the 

 7   person doesn't get into any further trouble.

 8                But that's not what I'm talking 

 9   about.  We're talking about juvenile records that 

10   are sealed.  And I suppose that an adjournment in 

11   contemplation of dismissal can be sealed as well.  

12   Any records that are sealed that the judge 

13   normally now doesn't have access to, the judge 

14   would have access to, to give a clear 

15   understanding of who is before the judge and 

16   whether judicial diversion is appropriate.

17                And the key is you don't get 

18   judicial diversion by right, it's a benefit.  And 

19   if the public ought to be able to be -- the judge 

20   ought to be able to know whether the public is in 

21   danger if there were some violent activities in 

22   his past.

23                SENATOR RIVERA:   Through you, 

24   Mr. President, if the sponsor will continue to 

25   yield.  


                                                               4995

 1                ACTING PRESIDENT AKSHAR:   Does the 

 2   sponsor yield for an additional question?  

 3                SENATOR DeFRANCISCO:   Yes.

 4                ACTING PRESIDENT AKSHAR:   The 

 5   sponsor yields.

 6                SENATOR RIVERA:   I may have more 

 7   than one, Mr. President.  But for the moment, 

 8   one.

 9                So how would a -- since I'm reading 

10   the text of the bill, how would an adjournment in 

11   contemplation of a dismissal, quote, unquote, be 

12   relevant to determining whether a person should 

13   be allowed access to a diversion program or not?  

14   Mr. President, through you.

15                SENATOR DeFRANCISCO:   What we're 

16   dealing with is a complete description of the 

17   defendant's criminal history, including sealed 

18   cases.  And that could be juvenile delinquent 

19   cases that are sealed such as juvenile delinquent 

20   determination, juvenile offender cases, youthful 

21   offender, where the person's conviction is set 

22   aside because they're in that category that a 

23   youthful offender can be granted so he has no 

24   criminal record.  

25                An adjournment in contemplation of 


                                                               4996

 1   dismissal.  It may be that the individual was 

 2   given an adjournment in contemplation of 

 3   dismissal for an assault, and if the assault 

 4   was -- if he stayed out of trouble and the judge 

 5   said if he stays out of trouble for six months, 

 6   we will dismiss it at the end of the six months.

 7                So the point simply is any one of 

 8   these instances could result in the judge 

 9   learning more about a person's tendency towards 

10   violence or what his background is, or her 

11   background is.  And that's what we want the judge 

12   to have, everything.  The individual's trying to 

13   get a break.  And the judge should not be 

14   blindsided by some type of sealed records.  

15                And it happened, as I said, where an 

16   individual was killed by somebody on judicial 

17   diversion, and the judge at the time did not have 

18   any information about some of the sealed records 

19   that are listed here.

20                SENATOR RIVERA:   Thank you, 

21   Mr. President.  On the bill.

22                ACTING PRESIDENT AKSHAR:   Senator 

23   Rivera on the bill.

24                SENATOR RIVERA:   I thank the 

25   sponsor for his further clarifications.


                                                               4997

 1                While I certainly think that it 

 2   is -- that having a judge have as much 

 3   information as possible would be important, it 

 4   seems to me that the scope of the bill is a 

 5   little too broad and it brings up certain 

 6   instances that -- where an individual might have 

 7   not been guilty of anything, might have been 

 8   involved in something that has nothing to do with 

 9   the likelihood of them to be successful or not 

10   successful in a diversion program.  

11                And if we're going to -- and we've 

12   had a version of this conversation for the last 

13   couple of days.  If we're going to have a 

14   conversation about rehabilitation, treatment, the 

15   ability of people to be able to rebuild their 

16   lives, it seems that if there was something 

17   serious enough in that person's background that 

18   would then not warrant that person receiving a 

19   diversion program, the judge would currently be 

20   able to see it.

21                And this -- and while I certainly -- 

22   I saw the sponsor shaking his head.  It seems 

23   that the scope of this bill in some instances -- 

24   I could probably agree with some of what the bill 

25   establishes, but I think in some instances it 


                                                               4998

 1   might go too far and it might seem to me to 

 2   create a prejudicial situation in which the judge 

 3   might just say, you know what, this person, you 

 4   know, got caught with drugs when they were 17, 

 5   I'm not a fan of that, so I'm going to make it so 

 6   that this person does not get a diversion 

 7   program.

 8                Ultimately, Mr. President, it seems 

 9   that the -- I would agree with some of what the 

10   sponsor is trying to do.  I don't think that this 

11   bill -- I think that this bill might be too broad 

12   in certain instances, and I will be forced to 

13   vote in the negative.

14                Thank you, Mr. President.

15                ACTING PRESIDENT AKSHAR:   Thank 

16   you, Senator Rivera.

17                Senator Benjamin, why do you rise?

18                SENATOR BENJAMIN:   I have 

19   questions.  

20                Now, do I have to say through the -- 

21   would the sponsor yield for some questions?  

22                ACTING PRESIDENT AKSHAR:   Senator 

23   DeFrancisco, do you yield?  

24                SENATOR DeFRANCISCO:   Yes, I would.

25                ACTING PRESIDENT AKSHAR:   The 


                                                               4999

 1   sponsor yields.

 2                SENATOR BENJAMIN:   Okay.  The first 

 3   question is -- oh, through you, Mr. President.

 4                ACTING PRESIDENT AKSHAR:   Thank 

 5   you, Senator.

 6                SENATOR BENJAMIN:   -- would the 

 7   defendant be required to authorize the release of 

 8   his or her past sealed records?  

 9                SENATOR DeFRANCISCO:   I'm sorry, 

10   would the defendant be required to do what?  

11                ACTING PRESIDENT AKSHAR:   Senator 

12   Benjamin, repeat your question, please. 

13                SENATOR BENJAMIN:   Would the 

14   defendant be required to authorize this release 

15   of the past sealed records?

16                SENATOR DeFRANCISCO:   No, he would 

17   not be required, it's automatic.  He doesn't have 

18   to authorize anything.  If the law says that the 

19   judge has access to all records in making the 

20   judge'S determination, there would have to be 

21   no -- there's no consent necessary.

22                SENATOR BENJAMIN:   That's not my -- 

23   I'm sorry, through you, Mr. President.  That's 

24   not my understanding.  My understanding --

25                ACTING PRESIDENT AKSHAR:   Are you 


                                                               5000

 1   asking a question, Senator Benjamin?  

 2                SENATOR BENJAMIN:   I am asking a 

 3   question.

 4                ACTING PRESIDENT AKSHAR:   Does the 

 5   sponsor yield for an additional question?  

 6                SENATOR DeFRANCISCO:   Yes.

 7                ACTING PRESIDENT AKSHAR:   The 

 8   sponsor yields.

 9                SENATOR BENJAMIN:   Are you sure 

10   about that answer?

11                SENATOR DeFRANCISCO:   I'm 

12   absolutely positive about the answer.  

13                The -- in order -- the --

14                SENATOR BENJAMIN:   Sorry.  I'm new.

15                SENATOR DeFRANCISCO:   That's all 

16   right.

17                The person who's going -- who wants 

18   judicial diversion, they have to consent to be in 

19   the program.  So if you don't want your sealed 

20   records looked at by anybody, you don't have to 

21   ask to be in the program.  The benefit is that 

22   it's a better thing than going through the 

23   criminal process.

24                So as a condition to you being 

25   considered for what you've asked for, at that 


                                                               5001

 1   point the judge should have access to all 

 2   records, including sealed records. 

 3                SENATOR BENJAMIN:   Through you, 

 4   Mr. President, would the sponsor yield?

 5                SENATOR DeFRANCISCO:   Yes.

 6                ACTING PRESIDENT AKSHAR:   The 

 7   sponsor yields for another question.

 8                SENATOR BENJAMIN:   Okay.  Have you 

 9   made mistakes when you were a young person, 

10   Mr. Sponsor?  

11                SENATOR DeFRANCISCO:   No, I have 

12   never made a mistake in my life.  

13                (Laughter.)

14                SENATOR DeFRANCISCO:   I never made 

15   a mistake in my life.  But I would suppose -- I 

16   would suppose --

17                ACTING PRESIDENT AKSHAR:   Senator 

18   Krueger, why do you rise?

19                SENATOR KRUEGER:   I don't know 

20   whether it's a point of personal privilege or 

21   just a point of fact.  I've actually heard 

22   Senator DeFrancisco say he made mistakes on the 

23   floor of the Senate multiple times in the 

24   15 years we've worked together.

25                ACTING PRESIDENT AKSHAR:   Thank 


                                                               5002

 1   you, Senator Krueger.

 2                SENATOR KRUEGER:   Thank you.

 3                ACTING PRESIDENT AKSHAR:   Thank 

 4   you.  

 5                SENATOR DeFRANCISCO:   In response, 

 6   I was mistaken when I said I made a mistake.  

 7                (Laughter.)

 8                SENATOR DeFRANCISCO:   No, but 

 9   seriously, I know what you're getting at.  But if 

10   I'm looking for a benefit, if I don't want to go 

11   through the criminal process and I want to get my 

12   case diverted, I should be willing, I should put 

13   out my whole record so that a judge can determine 

14   whether I'm an appropriate candidate or not.  

15                So whether people have made mistakes 

16   before, the fact is this is a benefit that the 

17   person is asking for, and all this does is give 

18   the judge the whole story before making a 

19   decision.  And there have been decisions made 

20   that were incorrect decisions but not known until 

21   after the fact.  

22                SENATOR BENJAMIN:   Through you, 

23   Mr. President, would the sponsor continue to 

24   yield?  

25                ACTING PRESIDENT AKSHAR:   Does the 


                                                               5003

 1   sponsor yield?  

 2                SENATOR DeFRANCISCO:   Yes.

 3                ACTING PRESIDENT AKSHAR:   The 

 4   sponsor yields.

 5                SENATOR BENJAMIN:   Okay.  Do you 

 6   believe that 10 years is a reasonable amount of 

 7   time to assess whether a potential defendant is 

 8   dangerous to society?

 9                SENATOR DeFRANCISCO:   Okay, I think 

10   any time, including the prior history of the 

11   individual over that person's lifetime, I think 

12   is important for the judge to know about.  

13                It's not that you're considering 

14   this for enhanced punishment and the like, 

15   they're considering the record to determine 

16   whether a break is going to be given.  And that's 

17   the purpose for it.

18                SENATOR BENJAMIN:   Through you, 

19   Mr. President, will the sponsor continue to 

20   yield?  

21                ACTING PRESIDENT AKSHAR:   Does the 

22   sponsor continue to yield?  

23                SENATOR DeFRANCISCO:   Yes.

24                ACTING PRESIDENT AKSHAR:   The 

25   sponsor yields.


                                                               5004

 1                SENATOR BENJAMIN:   Do you believe 

 2   that there are defendants who would choose not to 

 3   request this program specifically because there 

 4   are things that are sealed that they don't want 

 5   to be released to the public?  

 6                I'm sorry, not released to the 

 7   judge.  I apologize.  I apologize.  

 8                SENATOR DeFRANCISCO:   Yeah, it's 

 9   not released -- it's not released to the public.  

10                The fact is that there may be some, 

11   I don't know.  But I would think -- my theory in 

12   life generally is there's no harm in asking.  And 

13   if I want to get a benefit and I'm asking for it, 

14   And the records are unsealed by the judge -- not 

15   posted on some website, looked at by the judge -- 

16   there's no harm.  The worst thing that could 

17   happen to me is that I'd get denied something 

18   that I wanted.  

19                So there may be some people that 

20   might not want to do that.  I'm not quite sure it 

21   makes sense.

22                SENATOR BENJAMIN:   Last question.  

23   Through you, Mr. President, will the sponsor 

24   continue to yield?

25                ACTING PRESIDENT AKSHAR:   Does the 


                                                               5005

 1   sponsor continue to yield?

 2                SENATOR DeFRANCISCO:   Yes.

 3                ACTING PRESIDENT AKSHAR:   The 

 4   sponsor yields. 

 5                SENATOR BENJAMIN:   This is my last 

 6   question.  

 7                Would the judge be able to utilize 

 8   information that is now unsealed to make a 

 9   determination in regards to any penalties that 

10   that defendant might receive, assuming that the 

11   judge does not go along with the judicial 

12   diversion program?  

13                SENATOR DeFRANCISCO:   The only 

14   purpose for the opening of those sealed records 

15   is to make a determination, as the bill says, as 

16   to whether or not the person is eligible for the 

17   judicial diversion program.

18                As a practical matter, the judge may 

19   know this in his mind, as the case goes forward, 

20   whether a judge is going to consider this for 

21   some later part of the proceeding.  I don't know.  

22   But I believe presently if he goes through the 

23   regular court proceeding and there's a time for 

24   sentencing -- depending upon the sentencing, the 

25   judge may be able to automatically get the 


                                                               5006

 1   information behind the sealed records.

 2                SENATOR BENJAMIN:   On the bill.

 3                ACTING PRESIDENT AKSHAR:   Senator 

 4   Benjamin on the bill.

 5                SENATOR BENJAMIN:   While I do 

 6   believe there are parts of this bill that are 

 7   fair and make sense, I am very concerned about 

 8   any bill that gives defendants the disincentive 

 9   to try to participate in programs that keep them 

10   out of jail.

11                I think that the bill should be 

12   revised to consider that, because I do respect 

13   some components of this bill.  But I have a hard 

14   time giving judges more information that is part 

15   of sealed records that can be utilized against 

16   defendants.

17                So with that being said, I vote no 

18   on this bill.  Thank you.

19                ACTING PRESIDENT AKSHAR:   Seeing no 

20   members wishing to be heard, the debate is 

21   closed.  The Secretary will ring the bell.

22                Senator DeFrancisco.

23                SENATOR DeFRANCISCO:   It's my 

24   understanding that the debate is closed 

25   presently?


                                                               5007

 1                ACTING PRESIDENT AKSHAR:   Yes.

 2                SENATOR DeFRANCISCO:   Then would 

 3   you lay the bill aside temporarily.

 4                ACTING PRESIDENT AKSHAR:   This 

 5   particular bill will be laid aside temporarily.

 6                SENATOR DeFRANCISCO:   We can 

 7   continue with calling the controversial calendar.

 8                ACTING PRESIDENT AKSHAR:   The 

 9   Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   572, by Senator Bonacic, Senate Print 5377, an 

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

13   Breeding Law.

14                SENATOR KRUEGER:   Explanation.

15                SENATOR DeFRANCISCO:   Excuse me.  

16   Rather than going in the regular order, because 

17   as you can see, certain people are in the 

18   Judiciary Committee -- since Senator Bonacic is 

19   not here, Senator Savino is not here -- Senator 

20   Funke is here, so can we take up 1042.

21                ACTING PRESIDENT AKSHAR:   The 

22   Secretary will read Calendar 1042.

23                THE SECRETARY:   Calendar Number 

24   1042, by Senator Funke, Senate Print 1356B, an 

25   act to amend the Education Law.


                                                               5008

 1                ACTING PRESIDENT AKSHAR:   Senator 

 2   Kennedy, why do you rise?

 3                SENATOR KENNEDY:   Will the sponsor 

 4   provide an explanation, please?  

 5                ACTING PRESIDENT AKSHAR:   Will the 

 6   sponsor provide an explanation?  

 7                SENATOR FUNKE:   Absolutely.  

 8   Senator Kennedy, thank you very much for the 

 9   question.

10                We have 11 accredited colleges that 

11   have programs for athletic trainers in the State 

12   of New York, and many of them are leaving the 

13   state because they need to be in a circumstance 

14   now -- with this explosion of athletics in our 

15   country, we've seen women's sports in particular 

16   grow at a phenomenal rate in the last 25 years, 

17   through the college ranks to the high school 

18   ranks.  And right now athletic trainers are 

19   limited to supplying their services to the 

20   colleges and the high schools within the 

21   framework of the athletic field.  

22                But as everybody knows, in this room 

23   all of us do something else.  We are either 

24   runners or marathon runners or golfers or tennis 

25   players or engage in other adaptive sports.  And 


                                                               5009

 1   so this would allow for athletic trainers -- who 

 2   must have a master's degree and must have a 

 3   license -- to be able to work with those active 

 4   individuals in adaptive athletics in other 

 5   settings.

 6                SENATOR KENNEDY:   Would the sponsor 

 7   yield for some questions.

 8                ACTING PRESIDENT AKSHAR:   Will the 

 9   sponsor yield for a question?  

10                SENATOR FUNKE:   Yes.

11                ACTING PRESIDENT AKSHAR:   The 

12   sponsor yields.

13                SENATOR KENNEDY:   Thank you.

14                Are you familiar with the opposition 

15   to this bill from the various organizations that 

16   represent physical therapists and nurses and 

17   others?

18                SENATOR FUNKE:   Yes.  Through you, 

19   Mr. President, we've had numerous roundtables on 

20   this issue.  And we have discussed all the 

21   particulars with those who have expressed 

22   concerns, and really believe that we have had a 

23   complete and full airing of their concerns.  

24                And we believe that athletic 

25   trainers who are licensed, who have master's 


                                                               5010

 1   degrees, who are going to be required to have 

 2   master's degrees, certainly understand the scope 

 3   within which they are going to be allowed to 

 4   conduct the things that they do so well.

 5                They must work under the supervision 

 6   of a physician, and in doing so we think the 

 7   safety of the public would be ensured through 

 8   protection against services from unqualified 

 9   individuals.  Because currently right now 

10   athletic trainers are certified.  That means, 

11   unfortunately, that a lot of people can claim to 

12   be athletic trainers who are not and treat people 

13   who they should not be treating.  So this would 

14   allow full licensure and I think allay the fears 

15   of many people.  

16                But they are going to work under the 

17   supervision of a physician.  They will not be 

18   engaging in things that they should not be 

19   engaging in.  And certainly that would be part of 

20   their curriculum.

21                SENATOR KENNEDY:   Will the sponsor 

22   continue to yield?  

23                ACTING PRESIDENT AKSHAR:   Does the 

24   sponsor yield?  

25                SENATOR FUNKE:   Yes.


                                                               5011

 1                ACTING PRESIDENT AKSHAR:   The 

 2   sponsor yields.

 3                SENATOR KENNEDY:   Is the sponsor 

 4   aware of opposition from the New York State 

 5   Physical Therapy Association, the Medical Society 

 6   of New York State, the New York State Nurses 

 7   Association, and the Buffalo Rehab Group?

 8                SENATOR FUNKE:   Yes, we've worked 

 9   with all of them.  And I'd just like to point out 

10   the Medical Society no longer opposes this 

11   legislation.  

12                And let me give you an example of 

13   the physical therapy side.  Let's say you're a 

14   marathon runner and you broke a leg.  A physical 

15   therapist is the person who is going to rehab you 

16   and get you back to that point where you can run 

17   again.

18                The athletic trainer is the person 

19   who is going to take it from that step forward 

20   and get you back into marathon capability to be 

21   able to run that marathon and get you up to the 

22   level that you need to be after that.  They in no 

23   way are going to be engaging in what the physical 

24   therapists do.

25                SENATOR KENNEDY:   Will the sponsor 


                                                               5012

 1   continue to yield.

 2                ACTING PRESIDENT AKSHAR:   Does the 

 3   sponsor continue to yield?  

 4                SENATOR FUNKE:   Yes.

 5                ACTING PRESIDENT AKSHAR:   The 

 6   sponsor yields.

 7                SENATOR KENNEDY:   Do you believe 

 8   that this legislation that's been proposed 

 9   expands the scope of practice for athletic 

10   trainers?  

11                SENATOR FUNKE:   I believe it 

12   expands the scope of practice for athletic 

13   trainers to extend beyond the athletic field and 

14   beyond a high school or a college to be able to 

15   help those active individuals in other sports and 

16   in other capacities.

17                I'll give you another example of 

18   that.  Let's take an example of a Cirque du 

19   Soleil -- somebody who is engaged in Cirque du 

20   Soleil.  I think everybody in this room would 

21   agree that they are phenomenal athletes in their 

22   own right.  An athletic trainer would be able to 

23   keep them on par, to keep them in top physical 

24   condition.  

25                SENATOR KENNEDY:   Will the sponsor 


                                                               5013

 1   continue to yield?  

 2                ACTING PRESIDENT AKSHAR:   Does the 

 3   sponsor continue to yield?  

 4                SENATOR FUNKE:   Yes.

 5                ACTING PRESIDENT AKSHAR:   The 

 6   sponsor yields.

 7                SENATOR KENNEDY:   Are you aware 

 8   that the New York State Physical Therapy 

 9   Association, in their memo of opposition, claims 

10   that the legislation grants athletic trainers the 

11   ability to treat a wide range of conditions that 

12   use various clinically appropriate therapeutic 

13   modalities and techniques that are currently in 

14   place specifically to licensed physical 

15   therapists?

16                SENATOR FUNKE:   Once again, under 

17   this bill -- through you, Mr. President.  Once 

18   again, under this legislation, the athletic 

19   trainers must work under the supervision of a 

20   physician.  So whatever treatment they are 

21   providing will be under the supervision of a 

22   physician.

23                Under the bill itself, they are to 

24   engage in the prevention, recognition, 

25   examination, evaluation, assessment, management, 


                                                               5014

 1   treatment and rehabilitation of 

 2   neuromusculoskeletal injuries that occur in 

 3   active individuals with treatment in accordance 

 4   with a supervising physician.

 5                SENATOR KENNEDY:   Will the sponsor 

 6   continue to yield?

 7                ACTING PRESIDENT AKSHAR:   Does the 

 8   sponsor continue to yield?  

 9                SENATOR FUNKE:   Yes.

10                ACTING PRESIDENT AKSHAR:   The 

11   sponsor yields.

12                SENATOR KENNEDY:   Will the sponsor 

13   define an "active individual"?

14                SENATOR FUNKE:   Active individuals 

15   are anybody who engages in some athletic 

16   competition outside the scope of high school or 

17   college, outside of the narrow scope that 

18   athletic trainers operate under now.

19                SENATOR KENNEDY:   Will the sponsor 

20   continue to yield?  

21                SENATOR FUNKE:   Adaptive athletics.

22                ACTING PRESIDENT AKSHAR:   Does the 

23   sponsor continue to yield?  

24                SENATOR FUNKE:   Yes.

25                ACTING PRESIDENT AKSHAR:   The 


                                                               5015

 1   sponsor yields.

 2                SENATOR KENNEDY:   At any age?  

 3                SENATOR FUNKE:   At any age.

 4                ACTING PRESIDENT AKSHAR:   At any 

 5   age.

 6                SENATOR KENNEDY:   Will the sponsor 

 7   continue to yield?

 8                SENATOR FUNKE:   Can I just point 

 9   out, Senator, we're not looking to treat 

10   geriatric individuals.

11                SENATOR KENNEDY:   Will the sponsor 

12   continue to yield?

13                ACTING PRESIDENT AKSHAR:   Will the 

14   sponsor continue to yield?  

15                SENATOR FUNKE:   Yes, sir. 

16                ACTING PRESIDENT AKSHAR:   The 

17   sponsor yields.

18                SENATOR KENNEDY:   What about a 

19   geriatric individual who's a marathon runner?

20                SENATOR FUNKE:   Certainly if 

21   they're healthy enough to run a marathon, they 

22   might be able to take advantage of the use of an 

23   athletic trainer.

24                SENATOR KENNEDY:   Will the sponsor 

25   continue to yield?  


                                                               5016

 1                ACTING PRESIDENT AKSHAR:   Does the 

 2   sponsor yield for another question?  

 3                SENATOR FUNKE:   But let me just 

 4   point out that if we're talking about somebody 

 5   who's had a stroke or some other debilitating 

 6   circumstance, we're not looking to deal with 

 7   that.  This is about adaptive athletics.

 8                ACTING PRESIDENT AKSHAR:   Senator 

 9   Funke, you'll yield for another question, sir?

10                SENATOR FUNKE:   Yes.

11                ACTING PRESIDENT AKSHAR:   The 

12   sponsor yields.

13                SENATOR KENNEDY:   Thank you.  

14                In what types of settings outside of 

15   athletic settings?  Are we talking about hospital 

16   settings, clinical settings, public, private, 

17   business, schools?  What settings are we talking 

18   about?

19                SENATOR FUNKE:   All of the above.

20                SENATOR KENNEDY:   Will the sponsor 

21   continue to yield?  

22                ACTING PRESIDENT AKSHAR:   Does the 

23   sponsor yield?  

24                SENATOR FUNKE:   Yes.

25                ACTING PRESIDENT AKSHAR:   The 


                                                               5017

 1   sponsor yields for another question.

 2                SENATOR KENNEDY:   Do you believe 

 3   that this legislation opens the door for the 

 4   potential for an athletic trainer to take the 

 5   place of a physical therapist?  

 6                SENATOR FUNKE:   No.

 7                SENATOR KENNEDY:   Will the sponsor 

 8   continue to yield?  

 9                ACTING PRESIDENT AKSHAR:   Does the 

10   sponsor yield for another question?  

11                SENATOR FUNKE:   Yes.

12                ACTING PRESIDENT AKSHAR:   The 

13   sponsor yields.

14                SENATOR KENNEDY:   Do you believe 

15   that this legislation opens the door for the 

16   possibility of an athletic trainer taking the 

17   place of a nurse?  

18                SENATOR FUNKE:   No.  I do believe, 

19   however, that there is always in the medical 

20   profession, or in treating injuries, or when it 

21   comes to physical therapists overlapping with 

22   doctors, or athletic trainers potentially 

23   overlapping with EMS personnel or overlapping 

24   with nurses, that there is always going to be 

25   some overlap and that through the proper 


                                                               5018

 1   education, through the proper licensing, that 

 2   athletic trainers are going to know when it's 

 3   time to hand it off to somebody else.  

 4                And I think they're all working 

 5   together for the same outcome.  And I think that 

 6   in today's world, when it comes to concussion 

 7   protocols that we're all concerned about on the 

 8   athletic field, when it comes to those 

 9   circumstances outside the athletic field in high 

10   school or in college, whether you're playing a 

11   men's league soccer game, whether you're playing 

12   a softball game, I think to err on the side of 

13   caution and better care is certainly the way to 

14   go.  

15                We want people who are athletic 

16   trainers to be licensed.  We want them to know 

17   what they're doing, to take better care of all of 

18   us and all of our children.

19                SENATOR KENNEDY:   Will the sponsor 

20   continue to yield?  

21                ACTING PRESIDENT AKSHAR:   Senator 

22   Funke, do you yield for another question?  

23                SENATOR FUNKE:   Yes.

24                ACTING PRESIDENT AKSHAR:   The 

25   sponsor yields.


                                                               5019

 1                SENATOR KENNEDY:   Senator, you 

 2   mentioned that the legislation put forth will not 

 3   infringe on physical therapists or nurses.  

 4                However, the New York State Nurses 

 5   Association specifically, in their opposition 

 6   memo, are very concerned that this legislation 

 7   opens up the possibility for athletic trainers to 

 8   take the place of the work that school nurses are 

 9   currently doing.  Are you aware of that?

10                SENATOR FUNKE:   I'm aware of their 

11   opposition.  But I don't necessarily agree with 

12   it because I think they know, and I know, that 

13   they work together with athletic trainers now in 

14   a high school setting.

15                SENATOR KENNEDY:   Will the sponsor 

16   continue to yield?  

17                ACTING PRESIDENT AKSHAR:   Does the 

18   sponsor yield for another question?  

19                SENATOR FUNKE:   Yeah, and let me 

20   just follow up with that.  But school nurses do 

21   not attend, as a matter of course, athletic 

22   contests in high school.  Athletic trainers are 

23   the ones who are there.

24                ACTING PRESIDENT AKSHAR:   The 

25   sponsor yields for another question.


                                                               5020

 1                SENATOR FUNKE:   So how they 

 2   infringe upon that, I don't know.

 3               Yes.

 4                SENATOR KENNEDY:   Great.  

 5                First of all, I would disagree with 

 6   that.

 7                Does this bill allow for 

 8   out-of-state practitioners to practice in 

 9   New York?

10                SENATOR FUNKE:   No.

11                SENATOR KENNEDY:   Will the sponsor 

12   continue to yield.  

13                ACTING PRESIDENT AKSHAR:   Will the 

14   sponsor yield for an additional question?  

15                SENATOR FUNKE:   Yes.

16                ACTING PRESIDENT AKSHAR:   The 

17   sponsor yields.

18                SENATOR KENNEDY:   Is the sponsor 

19   aware of the New York State Nurses Association 

20   opposition memo claiming that this will allow for 

21   out-of-state athletic trainers to come to 

22   New York with little to no oversight other than 

23   what they currently have from another state?  

24                SENATOR FUNKE:   Through you, 

25   Mr. President.  Similar to the bill that we 


                                                               5021

 1   passed in this house last week with traveling 

 2   physicians, if they are traveling with an 

 3   athletic team, they certainly know their athletes 

 4   better than anybody else, and they will be able 

 5   to treat those athletes as they see fit, when 

 6   they are coming from out of state into New York 

 7   State with an athletic team.

 8                SENATOR KENNEDY:   Will the sponsor 

 9   continue to yield --

10                SENATOR FUNKE:   I mean, they're not 

11   going to give up that right to be an athletic 

12   trainer just because they walked into New York 

13   State with their own team from Ohio State 

14   University or something.

15                ACTING PRESIDENT AKSHAR:   Senator 

16   Funke, will you yield for another question?  

17                SENATOR FUNKE:   Yes.

18                ACTING PRESIDENT AKSHAR:   The 

19   sponsor yields.

20                SENATOR KENNEDY:   If athletic 

21   trainers as outlined in this proposed 

22   legislation, if it were to become law, and as the 

23   sponsor has already articulated, will be allowed 

24   to do their work as defined by this legislation 

25   on and off the field in schools, in clinics, in 


                                                               5022

 1   hospitals, does that not expand the scope of 

 2   practice well beyond just the neurological issues 

 3   like concussions on the field, as you have cited?

 4                SENATOR FUNKE:   No.

 5                SENATOR KENNEDY:   Will the sponsor 

 6   continue to yield?  

 7                ACTING PRESIDENT AKSHAR:   Senator 

 8   Funke, do you yield?

 9                SENATOR FUNKE:   Yes.

10                ACTING PRESIDENT AKSHAR:   The 

11   sponsor yields.

12                SENATOR KENNEDY:   What about a 

13   broken bone?  

14                SENATOR FUNKE:   What about a broken 

15   arm?

16                SENATOR KENNEDY:   A broken bone.  A 

17   leg, an arm, a foot, a hand.  Would an athletic 

18   trainer, under this legislation, be allowed --

19                SENATOR FUNKE:   An athletic trainer 

20   would do the initial treatment, certainly, as 

21   they would in any athletic contest.  They would 

22   do the initial treatment, then they would hand 

23   off to the physician under which they are being 

24   supervised to begin with.

25                SENATOR KENNEDY:   Will the sponsor 


                                                               5023

 1   continue to yield?  

 2                ACTING PRESIDENT AKSHAR:   Does the 

 3   sponsor yield for another question?  

 4                SENATOR FUNKE:   Yes.

 5                ACTING PRESIDENT AKSHAR:   The 

 6   sponsor yields.

 7                SENATOR KENNEDY:   Under the current 

 8   proposed legislation, at what point does that 

 9   treatment end?  

10                SENATOR FUNKE:   After the initial 

11   treatment?  As soon as there's somebody else on 

12   the scene.  They can hand off to EMS, they can 

13   hand off to a team doctor -- they would hand off 

14   to a team doctor.

15                SENATOR KENNEDY:   Will the sponsor 

16   continue to yield?  

17                ACTING PRESIDENT AKSHAR:   Senator 

18   Funke, do you yield?  

19                SENATOR FUNKE:   Yes.

20                ACTING PRESIDENT AKSHAR:   The 

21   sponsor yields.

22                SENATOR KENNEDY:   Is that outlined 

23   in this legislation?

24                SENATOR FUNKE:   That is not 

25   specifically outlined in this legislation, no, it 


                                                               5024

 1   is not.  There's no hand-off for anybody.

 2                SENATOR KENNEDY:   Will the sponsor 

 3   continue to yield?  

 4                ACTING PRESIDENT AKSHAR:   Senator 

 5   Funke, do you yield?  

 6                SENATOR FUNKE:   I'd just like to 

 7   follow up.  I don't know that there's a hand-off 

 8   in any of these scope-of-practice circumstances.

 9                ACTING PRESIDENT AKSHAR:   Will you 

10   yield for an additional question?

11                SENATOR FUNKE:   Yes.

12                ACTING PRESIDENT AKSHAR:   Senator 

13   Kennedy, the sponsor yields.

14                SENATOR KENNEDY:   So 

15   hypothetically --

16                SENATOR FUNKE:   Hypothetically.

17                SENATOR KENNEDY:   -- an injury 

18   happens at a marathon or on a football field or a 

19   hockey rink or a baseball diamond or a Cirque du 

20   Soleil, and under the guidelines of this 

21   legislation an athletic trainer is the first on 

22   the scene to respond to the initial treatment.  

23   But it is not outlined in the legislation when 

24   that treatment ends.  How is that athletic 

25   trainer and the profession of licensed athletic 


                                                               5025

 1   trainers in the State of New York supposed to 

 2   recognize, by virtue of the profession, by virtue 

 3   of this legislation, that their treatment must 

 4   end and it has to go to the next level -- to a 

 5   physical therapist, to a nurse for that higher 

 6   level of treatment?

 7                SENATOR FUNKE:   I understand your 

 8   point.

 9                Through you, Mr. President, the 

10   point of the matter is -- I'll go back to the 

11   beginning -- they are always, always operating 

12   under the supervision of a physician.  

13                SENATOR KENNEDY:   Will the sponsor 

14   continue to yield?  

15                ACTING PRESIDENT AKSHAR:   Will the 

16   sponsor yield for a question?  

17                SENATOR FUNKE:   Yes.

18                ACTING PRESIDENT AKSHAR:   The 

19   sponsor yields.

20                SENATOR KENNEDY:   Under the 

21   supervision of the physician as outlined in the 

22   legislation, is a prescription necessary for that 

23   athletic trainer's work?

24                SENATOR FUNKE:   No.  No.  But there 

25   are written protocols, certainly.  


                                                               5026

 1                I mean, we're talking about 

 2   individuals who are going to go to school, 

 3   they're going to be certified as athletic 

 4   trainers, they're going to get master's degrees, 

 5   they're going to have to go through a licensing 

 6   procure with specific protocols, they're going to 

 7   have to operate under the supervision of a 

 8   physician.  

 9                Yes, are they going to be first on 

10   the scene in an athletic contest?  If a physician 

11   is present, if there's a team doctor on hand, 

12   certainly the team doctor is going to be there 

13   first.  But if there is no team doctor, an 

14   athletic trainer is going to get out there and 

15   try to do what they can do and what they do best 

16   and be first on that scene.  And then certainly 

17   be prepared to hand off to the next person.  That 

18   could very well be EMS.  It could be an ambulance 

19   on the scene.

20                SENATOR KENNEDY:   Will the sponsor 

21   continue to yield?  

22                ACTING PRESIDENT AKSHAR:   Senator 

23   Funke, do you yield?

24                SENATOR FUNKE:   Yes.

25                ACTING PRESIDENT AKSHAR:   Senator 


                                                               5027

 1   Funke yields.

 2                SENATOR KENNEDY:   If we are 

 3   allowing these out-of-state trainers to come to 

 4   New York under their guidelines, under their 

 5   licensure, and they have the same expanded scope 

 6   of practice, should they be subject to the same 

 7   requirements that New York State-licensed 

 8   athletic trainers would be under this 

 9   legislation?  

10                SENATOR FUNKE:   As soon as they 

11   come into New York State, they'd be under the 

12   same requirements that SED requires of athletic 

13   trainers in New York State.

14                SENATOR KENNEDY:   Would the 

15   sponsor --

16                SENATOR FUNKE:   That's state law.

17                SENATOR KENNEDY:   I'm sorry?  Would 

18   the sponsor repeat that last statement?  I'm 

19   sorry.  

20                SENATOR FUNKE:   I believe that's 

21   state law.

22                SENATOR KENNEDY:   Would the sponsor 

23   continue to yield?  

24                ACTING PRESIDENT AKSHAR:   Senator 

25   Funke, do you yield.


                                                               5028

 1                SENATOR FUNKE:   Yes.

 2                ACTING PRESIDENT AKSHAR:   The 

 3   sponsor yields for another question.

 4                SENATOR KENNEDY:   Can you describe 

 5   the modalities that would be allowed to be 

 6   utilized to treat these injuries by these 

 7   licensed athletic trainers?

 8                SENATOR FUNKE:   Whatever is within 

 9   the scope of what they have learned and been able 

10   to accomplish.  They will do what they can when 

11   they can.  And then -- they again are under the 

12   supervision of a physician, and they would hand 

13   off to somebody, you know, if they can't 

14   accomplish what they want to accomplish on the 

15   scene.

16                I mean, it's like -- come on, it's 

17   like anything else.  You know, you're going to go 

18   as far as you can go and you're going to hand it 

19   off.  

20                But these are qualified individuals.  

21   And currently what we have in the State of 

22   New York is probably a system where it is so 

23   narrow in scope and so limited that fewer -- 

24   students who graduate from the 11 accredited 

25   athletic training programs in this state choose 


                                                               5029

 1   to go elsewhere to find work.  

 2                So it just seems to me that it makes 

 3   sense to have a better system in place for 

 4   athletic trainers, given the explosion of sports 

 5   going on in our state and around this country, so 

 6   that we understand fully that our kids are 

 7   protected, that individuals are protected when 

 8   they go out and engage in athletic endeavors.  

 9   Under the supervision, always, of a physician.

10                SENATOR KENNEDY:   Will the sponsor 

11   continue to yield?  

12                ACTING PRESIDENT AKSHAR:   Senator 

13   Funke, do you yield for another question?  

14                SENATOR FUNKE:   Yes.

15                ACTING PRESIDENT AKSHAR:   The 

16   sponsor yields.

17                SENATOR KENNEDY:   So this is a B 

18   print, and I know that this has been in the works 

19   for quite some time by the sponsor.  And I know 

20   that these various organizations, associations 

21   that represent tens of thousands of licensed 

22   healthcare practitioners across the state were at 

23   the table negotiating a bill with the athletic 

24   trainers that did not expand the scope of 

25   practice that infringed upon nursing or physical 


                                                               5030

 1   therapists.  

 2                Can the sponsor explain what 

 3   happened to those conversations and why the 

 4   opposition from the Physical Therapy Association 

 5   and Nurses Association?

 6                SENATOR FUNKE:   Let me just say 

 7   this.  Athletic trainers right now are one of 

 8   only two professions that are limited in terms of 

 9   where they can practice.  So if we're talking 

10   about expanding scope, we're talking about 

11   expanding outside of the athletic field.  We very 

12   well can be talking about, for example, military 

13   personnel now.  The federal government has 

14   athletic trainers who work with those who go to 

15   basic training.  When it comes to police and 

16   fire, we may be looking at the same circumstances 

17   as far as athletic trainers are concerned.

18                We have come together, we have 

19   discussed everything at the table.  I think it's 

20   a matter of people get a little bit antsy when 

21   we're talking about scope of practice.  It 

22   happens in every profession.  Everybody is 

23   concerned, and they are rightly concerned.  But I 

24   think that we have addressed every concern that 

25   has been brought up by physical therapists, by 


                                                               5031

 1   EMS, by nurses.  

 2                And I believe that we have something 

 3   here that makes sense, that protects the public, 

 4   that protects our young people, and that gives 

 5   athletic trainers licensing, better preparedness, 

 6   requires them to go back and get further training 

 7   after a couple of years to make certain that they 

 8   are kept up with everything that is brand-new in 

 9   the world of athletics and injuries.  

10                And I think that we have addressed 

11   all the concerns that all these various groups 

12   have had.  And I have great respect for physical 

13   therapists, great respect for doctors and nurses 

14   and everybody.  But again, these individuals, 

15   licensed athletic trainers, can only operate 

16   under the supervision of a doctor.  And I think 

17   that pretty much says it all.

18                SENATOR KENNEDY:   Will the sponsor 

19   continue to yield?  

20                ACTING PRESIDENT AKSHAR:   Senator 

21   Funke, do you yield for a question?  

22                SENATOR FUNKE:   Yes.

23                ACTING PRESIDENT AKSHAR:   The 

24   sponsor yields.

25                SENATOR KENNEDY:   Can you describe, 


                                                               5032

 1   furthermore, other treatment modalities that may 

 2   be used in the extended treatment, since within 

 3   the guidelines of the legislation there is no end 

 4   point?

 5                SENATOR FUNKE:   This will be 

 6   according to a written protocol from the 

 7   physician under whom they are operating and 

 8   working.  I don't want to say operating.  They're 

 9   not going to do operations, either.

10                SENATOR KENNEDY:   Will the sponsor 

11   continue to yield?  

12                ACTING PRESIDENT AKSHAR:   Will the 

13   sponsor yield for another question?  

14                SENATOR FUNKE:   Yes.

15                ACTING PRESIDENT AKSHAR:   The 

16   sponsor yields.

17                SENATOR KENNEDY:   So if not -- and 

18   correct me if I'm wrong, I believe the sponsor 

19   said that these athletic trainers would not need 

20   a prescription to do the work.  That's accurate?

21                SENATOR FUNKE:   A prescription to 

22   do work?

23                SENATOR KENNEDY:   A prescription to 

24   do their treatment, to provide the treatment.  

25                SENATOR FUNKE:   No.


                                                               5033

 1                SENATOR KENNEDY:   Okay.  So under 

 2   the circumstances that -- will the sponsor 

 3   continue to yield?  

 4                ACTING PRESIDENT AKSHAR:   Senator 

 5   Funke, do you yield for another question?  

 6                SENATOR FUNKE:   Yes.

 7                ACTING PRESIDENT AKSHAR:   Senator 

 8   Funke yields.

 9                SENATOR KENNEDY:   Under the 

10   circumstances that an athletic trainer doesn't 

11   need the prescription, under what sort of 

12   supervisory protocol, supervisory umbrella would 

13   the physician provide that oversight?  

14                SENATOR FUNKE:   Again -- through 

15   you, Mr. President.  Again, they have standard 

16   orders from the physician under whom they are 

17   being supervised and a standard work order for 

18   what they're going to do.

19                SENATOR KENNEDY:   On the bill, 

20   Mr. President.

21                ACTING PRESIDENT AKSHAR:   Senator 

22   Kennedy on the bill.

23                SENATOR KENNEDY:   Thank you, first 

24   and foremost, to the sponsor for indulging me in 

25   these questions.  I have some very, very strong 


                                                               5034

 1   concerns that as far as I'm concerned, as it 

 2   pertains to legislation in this house, are grave 

 3   concerns to this -- as it pertains to this 

 4   legislation.

 5                I believe that the sponsor is very 

 6   much well intentioned.  I believe that licensure 

 7   of any healthcare practitioners, especially in 

 8   this state, historically and currently, is not 

 9   only very strong practice, but I think New York 

10   State sets a precedent for the rest of the nation 

11   to follow.

12                So in licensing, not just certifying 

13   athletic trainers, I think generally speaking 

14   that's a good thing.

15                The scope-of-practice expansion -- 

16   when we talk about treating an individual on the 

17   field, at an athletic event, during an emergency 

18   situation, whether it be a concussion or a broken 

19   bone or a contusion or an abrasion or any other 

20   sort of medical/physical issue that may happen 

21   through the course of athletic participation by 

22   these active individuals of all ages, it's good 

23   to have licensed, supervised athletic trainers.

24                However, when we talk about 

25   treatment of those same injuries, and there is no 


                                                               5035

 1   end point to the treatment, and it isn't just the 

 2   immediate emergency intervention during that 

 3   course of that athletic situation, whatever it 

 4   may be, we start to get into the abyss of these 

 5   healthcare practitioners and the scope of 

 6   practice.  

 7                And while overlapping communication 

 8   is good, and the sponsor talked about overlap and 

 9   these different practices, these different 

10   professions overlapping -- nursing, physical 

11   therapy, occupational therapy, speech therapy, 

12   any other sort of healthcare practice -- nursing, 

13   if I didn't say that already.  Overlap in 

14   communication is very good.  

15                But an overlap, an overextension and 

16   an encroachment on a scope of practice to which 

17   both the New York State Physical Therapy 

18   Association and the New York State Nurses 

19   Association both claim an encroachment on their 

20   respective scopes of practice, that's a very bad 

21   thing.

22                And New York State, quite frankly, 

23   under the guidance of Senator LaValle and the 

24   Higher Education Committee and Senator Stavisky 

25   and the Higher Education Committee, over decades 


                                                               5036

 1   has refused to allow the scope of practice of any 

 2   healthcare profession to be violated.  And 

 3   unfortunately, I believe that this legislation 

 4   does just that.  It violates the scope of 

 5   practice, backed up by the various professions.  

 6                These healthcare practitioners -- 

 7   you know, we talk about elite athletes.  These 

 8   physical therapists and these nurses, they're 

 9   elite healthcare practitioners.  They go to 

10   school for years on end.  They go to continuing 

11   ed.  And again, there are great things in here.  

12   Continuing education.  That's a wonderful thing.  

13   That ensures that once these athletic 

14   trainers are licensed that they have to continue 

15   their education, they have to continue to go 

16   back, they cannot be complacent.  

17                But if they're continuing to do the 

18   work of other professions, it will violate those 

19   professions, it will violate the elite status of 

20   those professions, and it will get in the way and 

21   set a precedent that I think is very, very bad 

22   for healthcare in this state and very, very bad 

23   for the continuing education for -- again, 

24   specifically amid this legislation as it pertains 

25   to physical therapists and nurses, but I believe 


                                                               5037

 1   that there are others.  

 2                So with that, I would urge my 

 3   colleagues to vote no on this.  I will be voting 

 4   no on this legislation amid serious concerns of 

 5   both myself, brought on by the respective 

 6   professions.  Again, I absolutely applaud the 

 7   sponsor and sponsors, cosponsors, of this bill 

 8   for advancing a strong agenda to improve 

 9   healthcare and those that provide healthcare amid 

10   emergency situations on the field.  You know, 

11   when an individual gets a concussion, you want 

12   somebody there that knows what they're doing.  

13   When an individual gets hurt in one way or 

14   another, you want someone in the healthcare field 

15   to know what they're doing to intervene.

16                But it's in the aftermath of that 

17   that I think that this legislation goes far, 

18   far -- too far.  And for that, I'll be in the 

19   negative, and I would urge my colleagues to do 

20   the same.  Thank you.

21                ACTING PRESIDENT AKSHAR:   Senator 

22   Murphy, why do you rise?

23                SENATOR MURPHY:   Yes, thank you, 

24   Mr. President.  On the bill.

25                ACTING PRESIDENT AKSHAR:   Senator 


                                                               5038

 1   Murphy on the bill.

 2                SENATOR MURPHY:   Senator Funke, I 

 3   commend you.  

 4                As a healthcare practitioner for 

 5   over 23 years, I for 19 years have sat on the 

 6   sidelines to help kids that have had concussions, 

 7   broken bones, compound fractures.  And until I 

 8   had volunteered my time back there, they had 

 9   nobody, absolutely nobody but the head coach that 

10   learned CPR.  And there was no advanced medical 

11   treatment for these kids unless we waited for a 

12   half hour to 45 minutes sometimes for that 

13   ambulance to get there to treat this person.

14                So distinction between physical 

15   therapists and nurses.  These trainers do 

16   sometimes treat these athletes in order to get 

17   them back on the field for that next game, 

18   whether it be Saturday or Sunday.  Neuromuscular 

19   injuries are so much harder to treat than just a 

20   broken bone.  A pulled hamstring -- you see in 

21   the NFL sometimes these athletes, they're out for 

22   four weeks, six weeks, treatment every day.

23                So these injuries can be quantified 

24   in different categories.  Nursing, I've been 

25   there -- my wife has been a nurse for over 


                                                               5039

 1   25 years.  Unbelievable profession.  They are at 

 2   the front line, I believe, in the hospital.  

 3   They're the ones that take care of people.  These 

 4   physical therapists do prescription -- what do I 

 5   want to say.  Prescription -- they get their 

 6   diagnosis from the doctor and treat that 

 7   diagnosis through the different modalities such 

 8   as ultrasound, electrical stim, hot packs, on the 

 9   treadmill.  

10                So there is different categories 

11   that we must address here.  This is life or death 

12   sometimes on the field with these athletic 

13   trainers.  There's an enormous difference with 

14   regards to the athletic trainers to physical 

15   therapists to nurses and to working underneath 

16   the doctor, which these athletic trainers do.

17                Mr. President, I will be voting in 

18   the aye.

19                ACTING PRESIDENT AKSHAR:   Seeing no 

20   other members wishing to be heard, the debate is 

21   closed.

22                SENATOR DeFRANCISCO:   Now, is the 

23   debate closed?  

24                ACTING PRESIDENT AKSHAR:   The 

25   debate is closed.


                                                               5040

 1                SENATOR DeFRANCISCO:   So I will -- 

 2   since we've got people running in and out and we 

 3   don't wait for everybody for every vote, I will 

 4   move to lay this bill aside temporarily and take 

 5   up the vote shortly.

 6                ACTING PRESIDENT AKSHAR:   This 

 7   particular bill will be laid aside temporarily.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Now can you 

10   call up Calendar 1510, by Senator Klein.

11                ACTING PRESIDENT AKSHAR:   The 

12   Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   1510, by Senator Klein, Senate Print 4711, an act 

15   to amend the General Business Law.

16                ACTING PRESIDENT AKSHAR:   Senator 

17   Krueger, why do you rise?

18                SENATOR KRUEGER:   I would like to 

19   ask the sponsor some questions, please.

20                ACTING PRESIDENT AKSHAR:   Will the 

21   sponsor yield for a question?  

22                SENATOR KLEIN:   Yes, Mr. President.

23                ACTING PRESIDENT AKSHAR:   The 

24   sponsor yields.

25                SENATOR KRUEGER:   Thank you.


                                                               5041

 1                So it seems to me this bill does 

 2   three things; I have questions on each section.  

 3                It defines optional vehicle 

 4   protection in a certain way and then establishes 

 5   new pricing for those optional vehicle 

 6   protections.  Can the sponsor please explain what 

 7   that change would be?

 8                SENATOR KLEIN:   Through you, 

 9   Mr. President, this is an update of legislation 

10   which I passed back in 2002.  And it's been a 

11   long time since then, and we've seen some very 

12   positive changes in the rental car industry.

13                Before the passage of this 

14   legislation, it was almost impossible to be able 

15   to rent a car in New York at a reasonable price.  

16   The reason why is because there was a lot of 

17   theft going on, a lot of individuals weren't able 

18   to rent a car in New York, and that's why the 

19   prices were so high.

20                Also many rental car businesses, the 

21   majority, were unwilling to consider getting any 

22   kind of high-end vehicles.

23                The change in the law -- and we've 

24   seen it now -- is the proliferation of the rental 

25   car industry.  Consumers have benefited by a 


                                                               5042

 1   very, very big discount or decrease in the price 

 2   of a rental car.  So now we want to update the 

 3   changes.

 4                First, the optional vehicle 

 5   protection plan now will be sort of a scale of $9 

 6   for a car -- that's $9 a day for a car priced 

 7   under $20,000; $12 a day for a car valued between 

 8   $20,000 to $35,000; $15 a day for a car valued 

 9   between $35,000 and $50,000; and then a fair 

10   market value for a car over $50,000.  

11                Just to clarify, 80 percent of the 

12   individuals who rent cars in New York would be 

13   between the $9 and $12 a day category, meaning 

14   that most of the cars that are rented are under 

15   $35,000.

16                The other addition to the 

17   legislation, or an update, is a new bill of 

18   rights for the consumer, where everything is 

19   spelled out very, very clearly that they do not 

20   necessarily have to buy an optional vehicle 

21   protection plan, that most of the times it's 

22   covered under their existing insurance or if they 

23   rent with a credit card.

24                SENATOR KRUEGER:   Through you, 

25   Mr. President, if the sponsor would continue to 


                                                               5043

 1   yield.

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Klein, will you yield for a question?  

 4                SENATOR KLEIN:   Yes, Mr. President.

 5                ACTING PRESIDENT AKSHAR:   The 

 6   sponsor yields.

 7                SENATOR KRUEGER:   So I appreciate 

 8   that he highlighted that the bill of rights would 

 9   explain you don't need to purchase this.

10                Does the sponsor agree that most 

11   people's private auto insurance credit card or 

12   travel insurance already includes the optional 

13   collision damage and therefore they don't 

14   actually need to take out this supplemental 

15   insurance from the rental car companies?

16                SENATOR KLEIN:   Yeah, I do agree.  

17   The majority of individuals would have collision 

18   on their own, their own insurance would probably 

19   cover most damage to these vehicles.  In 

20   addition, if they rent with a credit card, they 

21   would be covered.

22                But this actually makes sure to 

23   spell out a lot clearer than the original 

24   legislation back in 2002, where I believe we only 

25   had posting requirements, and the posting 


                                                               5044

 1   requirements were still left up to the individual 

 2   car rental business.  Now we spell out very 

 3   specifically what they have to post, and it's 

 4   also contained in the contract.

 5                SENATOR KRUEGER:   Through you, 

 6   Mr. President, if the sponsor will continue to 

 7   yield.

 8                ACTING PRESIDENT AKSHAR:   Senator 

 9   Klein, will you yield for another question?  

10                SENATOR KLEIN:   Yes, Mr. President.  

11                ACTING PRESIDENT AKSHAR:   The 

12   sponsor yields.

13                SENATOR KRUEGER:   Thank you.  

14                So as he laid out the new charges, 

15   he did say that for vehicles above $50,000 in 

16   value that there wouldn't be a set amount for 

17   this supplemental insurance, it would be left up 

18   to the rental companies based on some formula of 

19   market value.  I didn't really understand that in 

20   the bill. 

21                So could he explain what he thinks 

22   the market value for this optional collision 

23   damage would represent in real dollars per day 

24   for people?

25                SENATOR KLEIN:   Well, presently the 


                                                               5045

 1   fair market value is enforced presently under 

 2   existing statute by the Attorney General.

 3                The over $50,000 gives a dealer the 

 4   opportunity to rent a high-end car.  Some 

 5   probably won't take part in it, but there's some 

 6   that maybe want to rent a Porsche or some very, 

 7   very high-end model.  And in return, most of the 

 8   time I would think their existing insurance may 

 9   not cover it.  And it gives them the option.  And 

10   it also gives the individual car rental the 

11   opportunity to post or actually state the fair 

12   market value of the optional vehicle protection 

13   for that high-end vehicle.

14                SENATOR KRUEGER:   Through you, 

15   Mr. President, if the sponsor would continue to 

16   yield.

17                ACTING PRESIDENT AKSHAR:   Will the 

18   sponsor yield for another question?  

19                SENATOR KLEIN:   Yes, Mr. President.

20                ACTING PRESIDENT AKSHAR:   The 

21   sponsor yields.

22                SENATOR KRUEGER:   Thank you.  

23                So when I was reading some articles 

24   about car rental coverage in other states, they 

25   were giving examples where the cost of the 


                                                               5046

 1   nonmandatory, optional auto insurance could 

 2   actually double the cost of the rental car per 

 3   day.  Is it the sponsor's understanding that that 

 4   could actually be the story in New York?

 5                SENATOR KLEIN:   That's why we 

 6   actually -- actually, looking at other optional 

 7   vehicle protection plans in other states, it is 

 8   much higher.  And that's why I thought it was 

 9   important to cap out the price in New York to 

10   make sure we specifically state how much it's 

11   going to be for various categories of vehicles.

12                SENATOR KRUEGER:   Through you, 

13   Mr. President, if the sponsor would continue to 

14   yield.

15                ACTING PRESIDENT AKSHAR:   Senator 

16   Klein, will you yield for a question?  

17                SENATOR KLEIN:   Yes, Mr. President.

18                ACTING PRESIDENT AKSHAR:   The 

19   sponsor yields.

20                SENATOR KRUEGER:   Thank you.

21                So the sponsor talked about having a 

22   bill of rights.  But in his bill, page 6, 

23   Section -- sorry, the section number -- well, 

24   actually it's -- the section is on notices, so it 

25   starts on an earlier page.  But if we turn to 


                                                               5047

 1   page 6, paragraph H, it explicitly does away with 

 2   the current requirements that the rental 

 3   insurance materials be in plain English.  

 4                Why would we take away the 

 5   obligation for their materials to be in plain 

 6   English?

 7                SENATOR KLEIN:   Well, now that we 

 8   actually have it contained in statute, it's clear 

 9   enough where that portion is no longer necessary.

10                SENATOR KRUEGER:   Through you, 

11   Mr. President, if the sponsor would continue to 

12   yield.

13                ACTING PRESIDENT AKSHAR:   Will the 

14   sponsor continue to yield?  

15                SENATOR KLEIN:   Yes, Mr. President.

16                ACTING PRESIDENT AKSHAR:   The 

17   sponsor yields.

18                SENATOR KRUEGER:   So where in the 

19   statute would it require it to be in plain 

20   English in another section?

21                SENATOR KLEIN:   Actually, the 

22   entire -- what I referred to as the notices is 

23   actually all going to be in statute.  What I 

24   referred to earlier as the bill of rights in the 

25   legislation, it's referred to as notices, is all 


                                                               5048

 1   going to be contained in the statute.

 2                SENATOR KRUEGER:   Through you, 

 3   Mr. President, if the sponsor would continue to 

 4   yield.

 5                ACTING PRESIDENT AKSHAR:   Will the 

 6   sponsor continue to yield?  

 7                SENATOR KLEIN:   Yes, Mr. President.

 8                ACTING PRESIDENT AKSHAR:   The 

 9   sponsor yields.

10                SENATOR KRUEGER:   So if I 

11   understood the sponsor's answer correctly -- so I 

12   just want to confirm I heard him right -- he 

13   doesn't believe we need the plain English 

14   obligation for the contract at all because the 

15   notices section, which starts on page 5 of his 

16   bill, lays out at least some of the contractual 

17   arrangements in plain English, but it's not the 

18   entire contract.  Is that correct?  

19                SENATOR KLEIN:   It lays out each 

20   and every one of the consumer protections in the 

21   statute.

22                SENATOR KRUEGER:   Through you, 

23   Mr. President, if the sponsor would continue to 

24   yield.

25                ACTING PRESIDENT AKSHAR:   Senator 


                                                               5049

 1   Klein, do you continue to yield?  

 2                SENATOR KLEIN:   Yes, Mr. President.

 3                ACTING PRESIDENT AKSHAR:   The 

 4   sponsor yields.

 5                SENATOR KLEIN:   I just want to add 

 6   also on that, besides spelling out the entire 

 7   consumer protections in the statute, the entire 

 8   statute is also enforced by the Attorney General 

 9   of the State of New York.

10                SENATOR KRUEGER:   Through you, 

11   Mr. President, if the sponsor would continue to 

12   yield.

13                ACTING PRESIDENT AKSHAR:   Does the 

14   sponsor yield?  

15                SENATOR KLEIN:   Yes, Mr. President.

16                ACTING PRESIDENT AKSHAR:   The 

17   sponsor yields.

18                SENATOR KRUEGER:   Thank you.  

19                And in the -- I guess it's the final 

20   section of the bill, starting on page 11, 

21   paragraph 16, it seems to establish a new 

22   requirement that if there is damage to a vehicle, 

23   that if the renter or their insurance company 

24   doesn't put in writing within 72 hours their 

25   desire to inspect the vehicle and challenge the 


                                                               5050

 1   insurance company's determination, they have 

 2   waived their right to do so.  Am I reading that 

 3   new section correctly?

 4                SENATOR KLEIN:   Well, actually, it 

 5   does waive it, but then they actually have to be 

 6   asked a subsequent time before it actually is 

 7   waived.

 8                And I think that also comes into 

 9   play because we also extended the opportunity for 

10   an individual to cancel the optional vehicle 

11   protection plan.  Previously it was 24 hours; we 

12   give them much more time to actually cancel it.

13                SENATOR KRUEGER:   Through you -- 

14   I'm not sure I understood correctly.  So if the 

15   sponsor could please explain the difference 

16   between the 24-hour and the 72-hour.

17                ACTING PRESIDENT AKSHAR:   Senator 

18   Klein, can you clarify your point as raised by 

19   Senator Krueger?

20                SENATOR KLEIN:   The point is we 

21   give more time for an individual, I guess if they 

22   determine that maybe their insurance company or 

23   their individual insurance does cover what they 

24   need so they no longer need the optional vehicle 

25   protection plan, so 24 hours later -- I believe 


                                                               5051

 1   even 48 hours later -- they can cancel it and 

 2   only pay the portion of what was used so far.

 3                That I believe is another important 

 4   consumer protection measure.  Because, you know, 

 5   oftentimes someone goes to a Rent-A-Car counter 

 6   or rents a car, they take the optional vehicle 

 7   protection plan, and then they find out, by I 

 8   guess calling home, that their insurance actually 

 9   covers it.

10                SENATOR KRUEGER:   On the bill, 

11   Mr. President.

12                ACTING PRESIDENT AKSHAR:   Senator 

13   Krueger on the bill.

14                SENATOR KRUEGER:   I want to thank 

15   the sponsor for his answers.

16                I'm mixed on the bill because I 

17   actually think the bill of rights idea is a good 

18   consumer protection.  But I am concerned that 

19   with the scaling up of the cost of the optional 

20   insurance -- which again, for most people who are 

21   renting cars, isn't necessary at all -- we're 

22   going to see an increase in the cost paid by some 

23   percentage of people who are renting vehicles who 

24   don't know that they actually already have this 

25   insurance.  


                                                               5052

 1                And I would suspect that if you were 

 2   to correlate people who would want to rent the 

 3   more expensive vehicles, they are the most likely 

 4   to already have coverage through their own 

 5   insurance, a credit card.  And so we're actually 

 6   allowing the rental companies to dramatically 

 7   increase the cost for a kind of insurance that 

 8   isn't really needed most of the time anyway, 

 9   which I don't see as a positive for consumers.

10                But then there are other sections of 

11   the bill that I'll accept actually probably do 

12   help clarify the rules of the road, so to speak.

13                I'm torn, and I'm still voting no.  

14   Thank you, Mr. President.  I want to thank the 

15   sponsor for his answers.

16                ACTING PRESIDENT AKSHAR:   Seeing no 

17   other members wishing to be heard on this 

18   particular bill, the debate is closed.

19                Senator DeFrancisco.

20                SENATOR DeFRANCISCO:   The debate 

21   being closed, to try to get the votes 

22   efficiently, we'd like to lay this bill aside 

23   temporarily.

24                ACTING PRESIDENT AKSHAR:   This bill 

25   will be laid aside temporarily.


                                                               5053

 1                SENATOR DeFRANCISCO:   And if you 

 2   could call up Senator Savino's bill, which is 

 3   903.

 4                ACTING PRESIDENT AKSHAR:   The 

 5   Secretary will read.

 6                SENATOR DeFRANCISCO:   Oh, before 

 7   you do that, I'm sorry --

 8                ACTING PRESIDENT AKSHAR:   Excuse 

 9   me, Secretary.

10                SENATOR DeFRANCISCO:   -- Senator 

11   LaValle has asked me to call an immediate meeting 

12   of the Higher Education Committee in Room 332.

13                ACTING PRESIDENT AKSHAR:   There 

14   will be an immediate meeting of the Higher 

15   Education Committee in Room 332.

16                The Secretary will read Calendar 

17   Number 903.

18                THE SECRETARY:   Calendar Number 

19   903, substituted earlier by Member of the 

20   Assembly Gottfried, Assembly Print Number 7006, 

21   an act to amend the Public Health Law.

22                ACTING PRESIDENT AKSHAR:   Senator 

23   Croci, why do you rise?

24                SENATOR CROCI:   On the bill, 

25   Mr. President.


                                                               5054

 1                ACTING PRESIDENT AKSHAR:   Senator 

 2   Croci on the bill.

 3                SENATOR CROCI:   Mr. President, I 

 4   want to first compliment my colleague and my 

 5   friend who is the sponsor of this, because I 

 6   believe there's a genuine desire in this house to 

 7   help veterans who have posttraumatic stress 

 8   disorder.  We may sometimes disagree on how we go 

 9   about doing that, but I want you to follow me for 

10   a second so you understand why I'm concerned 

11   about this legislation.  

12                We grow up in New York State -- 

13   great neighborhoods in the country, great 

14   neighborhoods in the suburbs, neighborhoods, 

15   great neighborhoods in the cities.  Our brain 

16   takes pictures of our lives as Americans and 

17   New Yorkers.  You get into a combat situation, 

18   and suddenly you're faced with images that those 

19   pictures can't compute with, that don't make any 

20   sense.  It takes a lot of veterans a very long 

21   time, even after they're redeployed, coming home, 

22   to actually come home because of this reason.  

23                We have done a lot of work in our 

24   country since World War I to identify some of 

25   these causes and to deal with them.  What we are 


                                                               5055

 1   learning is that posttraumatic stress disorder 

 2   and traumatic brain injury could sometimes be 

 3   misdiagnosed.  And what we're also learning is 

 4   that when our veterans come home and they come to 

 5   the VA, for a long time in the VA system they 

 6   were overmedicated.  

 7                Here's what I don't want to happen, 

 8   Mr. President.  I don't want a veteran who's 

 9   coming home with posttraumatic stress disorder or 

10   traumatic brain injury, first, to be misdiagnosed 

11   and given a substance for which there is no 

12   approval to treat.  And secondly, I want that 

13   individual to truly come home and have recovery.  

14                And the veterans that we have seen 

15   who have achieved that recovery, like the Vietnam 

16   veterans who have worked hard and struggled hard, 

17   that is abstinence-based.  And it is a wonderful 

18   thing to see, after years of being tormented, 

19   that peace in their eyes, that sense of peace.  

20                The Vietnam Veterans of America, 

21   through the Veterans Health Council, is opposed 

22   to this legislation.  Not because they don't want 

23   to help veterans, but first and foremost, if you 

24   look at the FDA's schedule of prescribed 

25   medicines, Schedule I for controlled substances, 


                                                               5056

 1   criteria for scheduling and schedules under the 

 2   Controlled Substances Act, Schedule I includes 

 3   heroin, hallucinogens, marijuana and others.  

 4   Which means the federal government still 

 5   recognizes marijuana as illegal.  

 6                So whatever our vote is here today, 

 7   outside the State of New York, the government 

 8   considers it illegal.  

 9                The other thing I'd like to refer 

10   you to are two studies, one done by NYU Langone 

11   and the other published in the Clinical 

12   Psychology Review, both inconclusive about how 

13   medical marijuana or marijuana could help PTSD.  

14   And one goes so far -- and I'll read from the NYU 

15   Langone study, which is from 2016, that says 

16   "Available evidence is stronger for marijuana's 

17   harmful effects on the development of psychosis 

18   and substance misuse than for the development of 

19   depression and anxiety.  Marijuana use is also 

20   associated with worse treatment outcomes in 

21   naturalistic studies and with maladaptive coping 

22   styles that maintain PTSD symptoms.  Known risks 

23   of marijuana thus currently outweigh unknown 

24   benefits for PTSD."  

25                And these studies are probably the 


                                                               5057

 1   more comprehensive studies that have even been 

 2   done here.  

 3                Now, I would love to come back to 

 4   this chamber in 30 years and be completely wrong 

 5   because there have been double-blind studies with 

 6   a -- gold standard studies that have proven, 

 7   using a control group and placebos, that yes, in 

 8   fact, medical marijuana or marijuana helps 

 9   individuals who have posttraumatic stress 

10   disorder.  

11                From personal experience in working 

12   with veterans, Mr. President, I think you're just 

13   masking their symptoms.  You're helping them with 

14   their symptoms, but that long-term recovery -- 

15   and I have seen veterans from Vietnam who hadn't 

16   slept in over 40 years, who have come home and 

17   through alternative, abstinence-based treatments 

18   are new people.  It saved their lives.  Veterans 

19   from Afghanistan and Iraq tormented by their 

20   deployments, who are close to death, saved by 

21   alternative treatments.  So I believe in 

22   alternative treatments.  

23                But I believe the Hippocratic oath 

24   says that "first, do no harm."  And I'm just 

25   afraid, because of the lack of evidence, because 


                                                               5058

 1   our federal government does not recognize, first 

 2   of all, this substance is even legal, and because 

 3   of ongoing concerns by our mental health 

 4   professionals who treat our veterans every day, I 

 5   think we're premature, Mr. President.  I think 

 6   we're premature in substituting our knowledge and 

 7   our opinions for that of the FDA, mental health 

 8   professionals.  And essentially, this is 

 9   something that the National Institutes of Health, 

10   this is something that further studies should 

11   tell us:  Listen, even though it may not help, it 

12   won't do harm.  And that's what I want to 

13   protect.  

14                Mr. President, whether you're a 

15   leader in the Senate, whether you're a leader in 

16   the military, I believe as a military officer 

17   that my responsibility as a leader is first to 

18   get my mission done and to take care of my 

19   people.  Other than that, we don't need leaders 

20   in the military.  That's what we're there for.  

21   That's why we commission officers and we have 

22   leaders.  

23                I don't believe that I'm taking care 

24   of my people, particularly my friends and my 

25   comrades who have come home with severe 


                                                               5059

 1   posttraumatic stress disorder and traumatic brain 

 2   injury, by just saying that, you know, whatever 

 3   you think will work, work.  Because we know that 

 4   they come home and they self-medicate with 

 5   alcohol.  We know people self-medicate with 

 6   marijuana.  We know people self-medicate with 

 7   opioids.  And this body has done a tremendous 

 8   amount of work to ensure that opioids and other 

 9   drugs are more controlled and dispensed in ways 

10   that are appropriate.  

11                We are -- we're entering uncharted 

12   waters, and I don't -- in the time that we will 

13   spend in this chamber today, 22 veterans will 

14   kill themselves.  Twenty-two.  It happens every 

15   day in the United States.  I don't want to be 

16   responsible for telling them that I have a 

17   panacea for you or telling them that I have a 

18   treatment for you that we know is going to work 

19   and we're putting our names and reputations as 

20   New York State Senators behind it, because I 

21   don't believe we can yet, Mr. President.  

22                And while I compliment my colleague, 

23   the sponsor, for bringing an alternative 

24   treatment to the floor, I had wished that there 

25   were other alternative treatments included in 


                                                               5060

 1   this legislation -- equine therapy, art therapy, 

 2   hyperbaric oxygen treatment, cognitive behavioral 

 3   therapy.  

 4                Something that this Senate has -- 

 5   the Dwyer Peer-to-Peer Program, which is a 

 6   peer-to-peer abstinence-based model that has 

 7   worked throughout our state.  Counties all over 

 8   the state want the Dwyer program.  Why is that?  

 9   Because I truly believe when you have that kind 

10   of recovery from either posttraumatic stress 

11   disorder or traumatic brain injury, you're 

12   finally coming home.  And it may take 20 years, 

13   30 years, but you're finally coming home.  Let's 

14   not delay the homecoming of our veterans.  

15                Thank you, Mr. President.  I'll be 

16   voting nay.

17                ACTING PRESIDENT AKSHAR:   Thank 

18   you, Senator Croci.  

19                Senator Savino, why do you rise?

20                SENATOR SAVINO:   On the bill.

21                ACTING PRESIDENT AKSHAR:   On the 

22   bill.

23                SENATOR SAVINO:   Unless other 

24   members want to speak on the bill first; then I 

25   will speak last, as is tradition, as the sponsor 


                                                               5061

 1   of the bill.

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Rivera has asked to be heard.  

 4                Senator Rivera, why do you rise?

 5                SENATOR RIVERA:   On the bill, 

 6   Mr. President.

 7                ACTING PRESIDENT AKSHAR:   Senator 

 8   Rivera on the bill.

 9                SENATOR RIVERA:   I am sure that the 

10   sponsor would go at length into a response.  I 

11   was hoping to kind of figure out what she was 

12   going to cover and then -- she was probably not 

13   going to leave much on the table.  And I'm sure 

14   she is not when she stands up to give the 

15   explanation.

16                Mr. President, I'll be voting in the 

17   positive on this piece of legislation.  I think 

18   that over the last couple of years we've had a 

19   conversation that has been productive -- although 

20   in many of our eyes, not productive enough -- in 

21   moving forward with medical marijuana in the 

22   State of New York.

23                It seems, unless I am understanding 

24   the bill incorrectly, that we are just saying 

25   that one of the conditions that could be treated 


                                                               5062

 1   with medical marijuana -- which I will remind 

 2   everyone, as per the bill that we passed a few 

 3   years ago, it is not -- it actually has to be 

 4   processed.  It is not a smokeable type of 

 5   material.  It can be only used and dispensed in 

 6   very particular ways.  It is a very, very 

 7   restrictive program.  Many of us have argued, 

 8   indeed, that it is too restrictive.  

 9                And the bottom line is that it has 

10   been -- and again, the sponsor will go deep into 

11   this.  It is precisely because we care so much 

12   about veterans, it is precisely because we care 

13   so much about those individuals that protect us 

14   that we are saying that this should be treatment 

15   that is available to them.

16                This bill does nothing except add to 

17   the bill that we've already passed.  This is one 

18   of the conditions for which it would be -- 

19   someone would be eligible to have this not 

20   prescribed, but suggested to them.

21                And it seems, Mr. President, that 

22   there's a constant confusion, which is one that 

23   we've been trying to battle for a very long time, 

24   that precisely because there is a category at the 

25   federal level of different types of drugs, and 


                                                               5063

 1   opioids and marijuana are in the same category, 

 2   that we should equate them.  And that is totally 

 3   false.  It has been absolutely debunked many, 

 4   many times over.  It is -- regardless of how much 

 5   some folks continue to say it, it is not a 

 6   gateway drug.  It is indeed -- we need to study 

 7   it more to see the type of effects, the positive 

 8   effect that it could have on all sorts of 

 9   conditions, and PTSD just being one of them.  

10                So, Mr. President, I'll be voting in 

11   the affirmative on this.  And I know that the 

12   sponsor would have much more to add, because 

13   bottom line, this is just a way to say for those 

14   folks that we care so much about, we want to give 

15   them another opportunity to be able to be healed.  

16   And this is precisely what this piece of 

17   legislation does.  

18                So I thank the sponsor not only for 

19   her battles that she's waged so far, but for her 

20   continued battles in making sure that we expand 

21   this type of treatment to more and more 

22   individuals.  And hopefully we will continue to 

23   make this program more accessible and better in 

24   the State of New York, because it has already 

25   helped many, many, many people, Mr. President.


                                                               5064

 1                I'll be voting in the affirmative.  

 2   Thank you.

 3                ACTING PRESIDENT AKSHAR:   Any other 

 4   members wishing to be heard other than Senator 

 5   Savino?

 6                Senator Savino on the bill.

 7                SENATOR SAVINO:   Thank you, 

 8   Mr. President.

 9                I want to thank Senator Rivera for 

10   his comments.  And I want to thank Senator Croci 

11   for his impassioned conversation on the floor 

12   here.

13                I do understand his concern.  And I 

14   share the concerns that he has for the problems 

15   that many of our veterans are facing.  I don't 

16   for one minute dispute that his concern is 

17   heartfelt and real.

18                You know, it's almost amazing to me 

19   that it's about three years ago this week, give 

20   or take a few days, that this Legislature enacted 

21   the Compassionate Care Act, when we took it up 

22   here on the floor.  Some of you were not here.  

23   We have a couple of new members that weren't 

24   here.  But it was historic then.  And if you'll 

25   recall, I said then what I will say now.  


                                                               5065

 1                We were doing two things when we 

 2   adopted the Compassionate Care Act.  We were 

 3   developing a public health policy, and we were 

 4   also resocializing the way people think about 

 5   marijuana, after having spent close to 70 years 

 6   being told over and over that marijuana is 

 7   dangerous and marijuana is bad, that there are 

 8   good drugs and bad drugs.  And good drugs come 

 9   from the pharmacy, and bad drugs come from the 

10   black market.  

11                And that's what we were trying to 

12   change, the way people think about marijuana, in 

13   recognition of the fact that 22 other states 

14   before us had adopted a medical marijuana 

15   program, and that the world didn't end and the 

16   sky didn't fall and patients were seeing that 

17   they had an option -- an option.  Not having lost 

18   the healthcare that they had, but they had an 

19   alternative option so they could deal with 

20   chronic, debilitating, lifelong serious 

21   conditions like epilepsy, like multiple 

22   sclerosis, like chronic pain associated with 

23   cancer and the associated treatment.  We saw that 

24   in other states, and we were bringing it to 

25   New York.


                                                               5066

 1                We wanted to add PTSD at the time, 

 2   but there was some skepticism on the part of the 

 3   Executive.  There was a lot of skepticism on the 

 4   part of the Executive about the whole approach.  

 5   And so we set aside PTSD.  

 6                But we knew it was an issue that we 

 7   needed to revisit for two reasons.  Not just 

 8   because of the level of posttraumatic stress 

 9   disorder that was affecting our veterans, and 

10   that has always been there, but posttraumatic 

11   stress disorder affects a lot of people.  If you 

12   have been the victim of domestic violence, 

13   rape -- firefighters and police officers -- 

14   there's any number of people who have been 

15   exposed to a traumatic incident in their life, 

16   and they are suffering from posttraumatic stress 

17   disorder.  

18                And I know there's a concern about 

19   whether or not there are double-blind studies 

20   that talk about whether medical marijuana helps 

21   with posttraumatic stress disorder or whether the 

22   drugs that people are being given now are better.  

23   But here's what I know.  The FDA has only 

24   approved two medications for the treatment of 

25   posttraumatic stress disorder.  They are Zoloft 


                                                               5067

 1   and Paxil.  Both of them are antidepressants.  

 2   However, the vast majority of patients who are 

 3   being treated for posttraumatic stress disorder 

 4   are not being prescribed either one of those 

 5   drugs.  They are being prescribed off-label 

 6   drugs.  You know what that -- off-label is -- you 

 7   know, that means a doctor can give you something 

 8   that it was not originally designed or approved 

 9   by the FDA.  

10                The vast majority of people who are 

11   suffering from posttraumatic stress disorder are 

12   being prescribed benzodiazepines.  Valium.  I'm 

13   competing with Senator Díaz's cellphone.

14                ACTING PRESIDENT AKSHAR:   Senator 

15   Diaz, can you mute that phone or go out in the 

16   hallway, please?  Thank you, sir.

17                SENATOR SAVINO:   They're being 

18   prescribed Valium, Ativan, other highly 

19   addictive, dangerous drugs.  Coupled with mood 

20   disorder medications, anticonvulsants -- and 

21   maybe, yes, Senator Croci, some of them also may 

22   have other pain medications to deal with injuries 

23   that they had.

24                They are living on toxic chemicals.  

25   And what they're asking for is the option for an 


                                                               5068

 1   alternative treatment that 28 other states have 

 2   seen fit to add to their medical marijuana 

 3   programs.  They're not saying anything more.  

 4   They would like to have the same option that 

 5   28 other states have.  

 6                This is important for all patients 

 7   that have posttraumatic stress disorder, but it's 

 8   even more particularly important for veterans.  

 9   Why?  Because most veterans get their healthcare 

10   from the VA.  And if they are utilizing marijuana 

11   outside of a licensed medical marijuana program 

12   in their state, they run the risk that they will 

13   be penalized by the Veterans Administration.  So 

14   they need to be in a licensed program in their 

15   own state.  

16                That's why it's important that we 

17   add it to New York State, so that those veterans 

18   who want to use this as an option will have the 

19   right to do so, so that they won't self-medicate 

20   from the black market, they won't risk the 

21   benefits that they have from the Veterans 

22   Administration.  

23                I agree with you, this is not the 

24   only option.  I'm willing to work with anybody 

25   who wants to work on adding other treatments.  


                                                               5069

 1   Maybe not this program; I don't know that it's 

 2   necessary to add it to the Compassionate Care 

 3   Act.  But if there are alternative treatments 

 4   that will work for PTSD, whether it's equine 

 5   therapy or cognitive therapy, I'm open to working 

 6   with you, Senator Croci, on any other plan.

 7                I've never said that medical 

 8   marijuana is an alternative or a replacement for 

 9   traditional medicine.  It should be on a option 

10   available to patients.  And right now, New York 

11   State is an outlier, and we shouldn't be.  

12                Right now, Massachusetts is about to 

13   become a recreational state.  And that's 

14   important; we should keep that in mind.  Because 

15   our patients could very easily cross the border 

16   into Massachusetts and buy marijuana for adult 

17   use, putting themselves at risk legally and 

18   financially.  We don't want to see that happen.

19                We need to provide patients in 

20   New York State who are suffering from this 

21   condition, as well as other conditions, stability 

22   and safety.  That's why we need to continue to 

23   expand this law and work on it and stabilize it.

24                You know, as I said three years ago, 

25   we didn't know where we were going to go with 


                                                               5070

 1   this.  Last Friday I was the keynote speaker at a 

 2   convention at the Javits Center in New York City, 

 3   where thousands of people came from not just 

 4   New York, but across the country, to the Cannabis 

 5   World Convention Business Expo, because marijuana 

 6   is legal in 29 states.  

 7                Twenty-nine states are now deriving 

 8   revenue -- in fact, the State of Colorado is 

 9   making so much money off the tax revenue that 

10   they can pay for their entire education system 

11   off of it.  Other states are regulating it.  We 

12   have safe, clean products.  They are eradicating 

13   the black market.  

14                The only thing standing in the way 

15   is a federal government that continues to be 

16   willfully ignorant about the benefits of medical 

17   marijuana in general, marijuana in particular.  

18                I believe it's our responsibility as 

19   state legislators to stabilize our own programs 

20   and then push the federal government to finally 

21   do the right thing and de-schedule marijuana so 

22   that then the FDA will be able to do the research 

23   that, Senator Croci, they should do.  So we can 

24   have American research institutions provide the 

25   type of security that you would feel comfortable 


                                                               5071

 1   with, that others would feel comfortable with.  

 2   That will only happen if the federal government 

 3   finally recognizes that they've been standing on 

 4   the wrong side of this issue.  

 5                Sixty-six percent of the American 

 6   people live in a state that has legal marijuana.  

 7   The time is now.  And I thank all of my 

 8   colleagues for supporting me.  You know, back 

 9   from the very beginning when Joe Robach, Senator 

10   Robach, and Tom O'Mara and Bill Larkin were the 

11   first to sign onto this bill -- and I will tell 

12   you, nothing surprised me more than this time 

13   when Senator Golden was the first to cosponsor 

14   this bill.  That's how many minds have been 

15   changed, because we did it the right way in 

16   New York and we're going to continue to help 

17   patients.  

18                Thank you, Mr. President.

19                ACTING PRESIDENT AKSHAR:   Seeing no 

20   other members wishing to be heard, the debate is 

21   closed in regards to Calendar 903.  

22                Senator DeFrancisco.

23                SENATOR DeFRANCISCO:   So the debate 

24   is closed?

25                ACTING PRESIDENT AKSHAR:   Yes, sir.


                                                               5072

 1                SENATOR DeFRANCISCO:   We'll lay 

 2   that aside temporarily.  

 3                And we have a little stalemate here, 

 4   since the -- well, first of all, the Bonacic 

 5   bill, can we call that up?

 6                ACTING PRESIDENT AKSHAR:   So this 

 7   particular bill, Calendar 903, will be laid aside 

 8   temporarily.  

 9                The Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   572, by Senator Bonacic, Senate Print 5377, an 

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

13   Breeding Law.

14                SENATOR DeFRANCISCO:   Lay that bill 

15   aside for the day.

16                ACTING PRESIDENT AKSHAR:   That bill 

17   will be laid aside for the day.

18                SENATOR DeFRANCISCO:   And so that 

19   leaves one bill that's laid aside temporarily 

20   that we're waiting for a hand-up from the 

21   Assembly.  And the other bill is my bill, and 

22   we're waiting for Senator Krueger, who is in the 

23   Higher Ed Committee.  So we're sort of at a 

24   stalemate.  

25                So we're going to stand at ease.  


                                                               5073

 1   When we get back, we'll finish the last bill, 

 2   we'll take the votes on all the other bills that 

 3   we've laid aside temporarily so we can get 

 4   everybody in at once.  And then after that, we'll 

 5   be calling a Rules Committee meeting immediately 

 6   after.

 7                So that's your roadmap so far for 

 8   today.  So we're at ease until we get -- we're 

 9   able to debate this last bill on this calendar.

10                ACTING PRESIDENT AKSHAR:   Everyone 

11   heard the roadmap.  

12                The Senate will stand at ease.

13                (Whereupon, the Senate stood at ease 

14   at 1:49 p.m.)

15                (Whereupon, the Senate reconvened at 

16   2:54 p.m.)

17                ACTING PRESIDENT AKSHAR:   The 

18   Senate will come to order.  

19                Senator DeFrancisco.

20                SENATOR DeFRANCISCO:   Yes, I 

21   believe there's one more bill on the 

22   noncontroversial calendar.  Could we take up 

23   that, please -- the controversial calendar.

24                ACTING PRESIDENT AKSHAR:   One last 

25   bill on the controversial calendar.  


                                                               5074

 1                The Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   1440, by Senator DeFrancisco, Senate Print 3129, 

 4   an act to amend the Civil Practice Law and Rules.

 5                ACTING PRESIDENT AKSHAR:   Senator 

 6   Krueger.

 7                SENATOR KRUEGER:   How are you, 

 8   Mr. President?  

 9                ACTING PRESIDENT AKSHAR:   I'm 

10   wonderful, Senator.  Thank you.

11                SENATOR KRUEGER:   Thank you.  Would 

12   the sponsor please yield for a few questions.

13                ACTING PRESIDENT AKSHAR:   Senator 

14   DeFrancisco, do you yield for a question?  

15                SENATOR DeFRANCISCO:   Yes.

16                ACTING PRESIDENT AKSHAR:   The 

17   sponsor yields.

18                SENATOR KRUEGER:   Thank you.  

19                So seeing this bill year after year, 

20   the sponsor and I have debated it multiple years.  

21   The issue goes back to 2006.  We're now in 2017.  

22   Why does the sponsor continue to believe we need 

23   to give tobacco companies an exception to the 

24   normal law of filing a bond when you have lost in 

25   court and are appealing?  Why, of all the 


                                                               5075

 1   companies out there in the world, should we be 

 2   doing this for tobacco companies when we're now 

 3   10 or 11 years into the settlement deal and it's 

 4   working fine, thank you?

 5                SENATOR DeFRANCISCO:   Because hope 

 6   springs eternal.  That this is a good bill.  It 

 7   was a good bill in 2006, and it's a good bill 

 8   now.  

 9                And let me tell you how good it is.  

10   You know who supports it?  Most of the county 

11   executives, if not all.  The New York State 

12   Association of Counties.  The AFL-CIO.  CSEA.  

13   DC-37.  PEF.  AFSCME.  NYSUT -- NYSUT.  

14                (Laughter.)

15                SENATOR DeFRANCISCO:   NYSPFFA, 

16   PCNA, every other acronym you can come up with.  

17                And the reason they do is they 

18   understand a very basic point, and that is that 

19   there has been billions of dollars from tobacco 

20   settlements that have been paid to counties over 

21   the years since the master settlement agreement 

22   took place.

23                In fact, New York State, New York 

24   City and other counties, received approximately 

25   $1 billion -- approximately, mind you -- 


                                                               5076

 1   $1,432,460,402, approximately, in 2016 alone, and 

 2   $14.5 billion so far from tobacco companies.  

 3                And you know what will happen if the 

 4   tobacco companies can't pay those amounts every 

 5   year to the counties and to the City of New York?  

 6   They won't get the money to pay the settlement.  

 7                So why do we have a limit on the 

 8   bond?  If there's a case that goes out and the 

 9   jury finds 8 gazillion dollars against the 

10   tobacco companies -- because most people don't 

11   really love tobacco companies.  If you get a 

12   jury, they can come up with a huge number.  And 

13   to appeal it, they have to post a bond.  And if 

14   they have to post a bond in an amount that is 

15   going to bankrupt them, they don't pay this 

16   money, and CSEA members don't get paid, PEF 

17   members don't get paid, and AFL-CIO members don't 

18   get paid.  

19                And every state has a limit on the 

20   bond for that same reason.  And our limit is 

21   $250 million.  And that's just what they have to 

22   hold up in order to have an appeal without paying 

23   the jury verdict.  If they're ultimately awarded 

24   the whole amount, the plaintiffs, well, 

25   everything is going to go bankrupt anyway.  But 


                                                               5077

 1   while the appeals are going through, it limits 

 2   the amount of bond that they have to pay to 

 3   protect those master settlement agreements.  

 4                And now, after that, I'm sure you 

 5   agree with me, Senator Krueger.

 6                SENATOR KRUEGER:   Through you, 

 7   Mr. President, on the bill.

 8                ACTING PRESIDENT AKSHAR:   Senator 

 9   Krueger on the bill.

10                SENATOR KRUEGER:   So earlier today 

11   the sponsor misspoke that he had never made a 

12   mistake.  Here again, I'm sorry, I feel he's made 

13   a mistake.  

14                It is true that there are many 

15   organizations that he listed that support his 

16   bill.  And I think it's very rare that the 

17   sponsor gets to list that he's on the same side 

18   as those organizations, so I know he's excited 

19   about it.  But the fact is tobacco companies have 

20   a terrible history and reputation for lying to 

21   the public, over and over and over again, about 

22   their products, the dangers of their products, 

23   and even doing a mass campaign that they're going 

24   to not be able to make their payments to the 

25   state and the localities of New York when they 


                                                               5078

 1   have been making their payments for over 10 years 

 2   already.  And if you look up the net revenue of 

 3   some of these companies, they are making more 

 4   money than ever before.

 5                The danger of this kind of bill, 

 6   Mr. President, is it actually sends a message to 

 7   others who might have been harmed and might be 

 8   choosing or attempting to sue these companies, 

 9   that they are not going to be able to get a fair 

10   day in court and even get the return they should 

11   if they have been harmed.

12                Now, there is a way, I believe, that 

13   we could address this, a bill that the sponsor 

14   and I might be able to agree on.  And that would 

15   be that the state could institute a formal appeal 

16   bond cap based on a percentage of a defendant's 

17   total assets or average net revenue over the past 

18   several years.

19                So if there are individual companies 

20   who can show they could be at risk of failing to 

21   meet their obligations to us -- again, nobody has 

22   yet -- but if individual companies could show 

23   that they were actually at risk because of their 

24   net revenues being so low or their total assets 

25   being so low, we can explore individual appeal 


                                                               5079

 1   caps.  

 2                Now, let's take a couple of those 

 3   companies.  I looked up Altria today, one of the 

 4   largest companies in the settlement fund.  Do you 

 5   know how much their net revenue is for 2016, 

 6   Mr. President?

 7                ACTING PRESIDENT AKSHAR:   I don't, 

 8   Senator.

 9                SENATOR KRUEGER:   It was over 

10   $25 billion, net revenue in 2016.  

11                There's no reason we need to give 

12   Altria or companies making that kind of money a 

13   deal on the bonds they have been holding and they 

14   should continue at that rate to be holding, to 

15   ensure that the law is equal across the board for 

16   companies who face any kind of criminal 

17   determination or civil determination in court.  

18   It's the right thing for the people of New York 

19   for us to have the same laws applying across the 

20   board.  

21                And again and again, I guess we can 

22   debate this bill each year.  We're not having a 

23   problem that needs a fix.  So this is a solution 

24   in search of a problem, Mr. President.  I urge a 

25   no by my colleagues.


                                                               5080

 1                Thank you.

 2                ACTING PRESIDENT AKSHAR:   Thank 

 3   you, Senator Krueger.

 4                Seeing no other members wishing to 

 5   be heard, the debate is closed.

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:   At this point 

 8   could you ring the bell.  

 9                And I would like to announce, when 

10   the bell is being rung, we are asking everyone to 

11   come in because there's several bills that have 

12   been laid aside where we're going to take a vote 

13   on all of those bills so we only have to herd the 

14   cattle once.  

15                So please ring the bell.

16                ACTING PRESIDENT AKSHAR:   The bell 

17   has been rung.  

18                For everybody listening, please 

19   report back to the chamber so we can take up 

20   these bills.  

21                Senator DeFrancisco.

22                SENATOR DeFRANCISCO:   Would 

23   everyone please take their seats so we can make 

24   sure people are here and we can get started.

25                ACTING PRESIDENT AKSHAR:   I'll ask 


                                                               5081

 1   everybody to take their seats, please.  All the 

 2   members take your seats so we can get through 

 3   these votes.  Thank you.

 4                Senator DeFrancisco.

 5                SENATOR DeFRANCISCO:   The bill 

 6   that's before the house right now, could you give 

 7   me the number and the title and call the roll.

 8                ACTING PRESIDENT AKSHAR:   Calendar 

 9   Number 1440 is before the house.  I'll ask the 

10   Secretary to read the last section.

11                THE SECRETARY:   Section 4.  This 

12   act shall take effect on the 30th day.

13                ACTING PRESIDENT AKSHAR:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT AKSHAR:   Announce 

17   the results.

18                THE SECRETARY:   In relation to 

19   Calendar 1440, those recorded in the negative are 

20   Senators Addabbo, Bailey, Brooks, Carlucci, Díaz, 

21   Hoylman, Kaminsky, Kennedy, Krueger, Peralta, 

22   Persaud, Rivera, Sanders, Serrano, Squadron, 

23   Stavisky and Stewart-Cousins.  

24                Absent from voting:  Senator Comrie.  

25                Ayes, 45.  Nays, 17.


                                                               5082

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is passed.

 3                Senator DeFrancisco.

 4                SENATOR DeFRANCISCO:   Could you go 

 5   in order on the other bills we laid aside, except 

 6   for Senator LaValle.  We still have to lay that 

 7   aside temporarily.

 8                ACTING PRESIDENT AKSHAR:   We'll 

 9   begin at Calendar Number 85.  

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 85, 

12   by Senator DeFrancisco, Senate Print 241, an act 

13   to amend the Criminal Procedure Law.

14                ACTING PRESIDENT AKSHAR:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT AKSHAR:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT AKSHAR:   Announce 

22   the results.

23                THE SECRETARY:   In relation to 

24   Calendar 85, those recorded in the negative are 

25   Senators Alcantara, Avella, Bailey, Benjamin, 


                                                               5083

 1   Breslin, Carlucci, Díaz, Dilan, Gianaris, 

 2   Hamilton, Hoylman, Klein, Krueger, Montgomery, 

 3   Parker, Peralta, Persaud, Rivera, Sanders, 

 4   Savino, Serrano, Squadron, Stavisky, 

 5   Stewart-Cousins and Valesky.

 6                Absent from voting:  Senators Comrie 

 7   and Sanders.

 8                Ayes, 36.  Nays, 25.

 9                ACTING PRESIDENT AKSHAR:   The bill 

10   is passed.

11                We'll take up Calendar Number 903.  

12   The Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   903, substituted earlier by Member of the 

15   Assembly Gottfried, Assembly Print 7006, an act 

16   to amend the Public Health Law.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT AKSHAR:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT AKSHAR:   Senator 

25   Croci to explain his vote.


                                                               5084

 1                SENATOR CROCI:   Thank you, 

 2   Mr. President.  

 3                I want to thank my colleagues on 

 4   this important piece of legislation, which I 

 5   believe has come before the house for our 

 6   consideration.  

 7                It is again my contention that if 

 8   this bill included language that would have 

 9   ensured a mental health professional was the one 

10   prescribing medical marijuana, if that individual 

11   received counseling in addition, and that was 

12   included in this legislation -- otherwise, I 

13   believe we're substituting our judgment on a 

14   matter that the federal government has said is a 

15   prescribed substance and something that I believe 

16   will delay a veteran's return home.  

17                Because ultimately the hardest thing 

18   about a deployment is coming home.  And the 

19   sooner we allow them to live and experience the 

20   kind of emotions we do in an abstinence-based 

21   paradigm, the sooner that they are returning 

22   home.  Please do not allow our veterans to delay 

23   their homecoming.  Thank you.

24                I'll be voting no.

25                ACTING PRESIDENT AKSHAR:   Senator 


                                                               5085

 1   Croci to be recorded in the negative.

 2                Senator Marchione.

 3                SENATOR MARCHIONE:   Thank you, 

 4   Mr. President.  

 5                I will also be voting no on this 

 6   bill.  

 7                And for me, I agree with what 

 8   Senator Croci has just said.  But I also think if 

 9   this were tied to therapy -- we don't know if 

10   medical marijuana on its own is really going to 

11   provide assistance, but we do know therapy does 

12   really help.  And if you combine the medical 

13   marijuana with a mandate that you must be in 

14   therapy, my vote would have been different on 

15   this as well.  But today, Mr. President, I vote 

16   no.  

17                ACTING PRESIDENT AKSHAR:   Senator 

18   Marchione to be recorded in the negative.

19                Senator Ortt.

20                SENATOR ORTT:   Thank you, 

21   Mr. President.  

22                I want to echo the comments of my 

23   colleague Senator Croci.  

24                We all want to help veterans in this 

25   chamber.  We all talk about helping veterans in 


                                                               5086

 1   this chamber.  And I believe that most of us have 

 2   done some very good things on behalf of our 

 3   veterans who have served this country.  

 4                And PTSD amongst our veterans and 

 5   amongst other members of the populace is a very 

 6   real issue.  The problem is there simply isn't 

 7   enough evidence that this will do anything for 

 8   our veterans or for anyone else suffering with 

 9   PTSD.  It's highly subjective.  

10                And the fact is if it was tied to 

11   other types of therapy, then maybe we could talk 

12   about this bill.  If it included other types of 

13   therapy, maybe we could talk about this bill.  

14   Because the fact of the matter is because of the 

15   lack of evidence that this really helps 

16   veterans -- when we talk about helping veterans, 

17   what does that mean?  It means getting them back 

18   on their feet, getting them back into the 

19   workforce, getting them back into society.  

20   Obviously we have a number of veterans returning 

21   from Iraq and Afghanistan who suffer from very 

22   real -- whether it's TBI or PTSD-related 

23   symptoms.  

24                But unfortunately, I believe this 

25   bill really is more about furthering the 


                                                               5087

 1   legalization of marijuana, medical marijuana in 

 2   this case, and not really solely about helping 

 3   veterans, although it purports to do that.  

 4                So for me at this time, on this 

 5   piece of legislation, I will be voting no, 

 6   Mr. President.  Thank you.

 7                ACTING PRESIDENT AKSHAR:   Senator 

 8   Ortt to be recorded in the negative.  

 9                Senator Savino.

10                SENATOR SAVINO:   Thank you, 

11   Mr. President.  To explain my vote.  

12                I have always prided myself on the 

13   fact that as a legislator in this body, I listen 

14   to the concerns of my colleagues, particularly 

15   when it comes to drafting complicated 

16   legislation.  So I just want to allay the 

17   concerns that have been raised about who would be 

18   recommending for the treatment of PTSD.  

19                And you have to reflect back to the 

20   original statute.  Under the medical marijuana 

21   program in the State of New York, there are only 

22   three categories of people who are allowed to 

23   recommend patients for medical marijuana use.  

24   They are doctors licensed by the State of 

25   New York; they are physician's assistants, 


                                                               5088

 1   because they are also licensed by the State of 

 2   New York; and nurse practitioners.  But of those 

 3   three, only one treats people for PTSD.  And of 

 4   those who treat people for PTSD, the only people 

 5   that do that are psychiatrists.  

 6                So only psychiatrists in New York 

 7   State would recommend patients for medical 

 8   marijuana for the treatment of posttraumatic 

 9   stress disorder.  Psychologists couldn't do it, 

10   social workers couldn't do it, mental health 

11   therapists couldn't do it.  No one other than a 

12   psychiatrist could do so.  

13                But for those who are concerned 

14   about combining this with therapy, I agree.  And 

15   that might be where the Department of Health, 

16   through the regulatory process, there are 

17   regulations that are also drafted for the 

18   implementation of any and all of the changes in 

19   this program.  We can recommend that the 

20   Department of Health include in the regulations 

21   for the implementation of posttraumatic stress 

22   disorder that there be a therapeutic program 

23   along with the medical marijuana treatment.

24                So I want to thank my colleagues for 

25   supporting it and for offering concrete ideas as 


                                                               5089

 1   we move forward.  But please feel secure in the 

 2   fact that only a psychiatrist licensed by the 

 3   State of New York would diagnose PTSD and 

 4   recommend patients in the State of New York.  

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT AKSHAR:   Senator 

 7   Savino to be recorded in the affirmative.

 8                Senator Rivera to explain his vote.

 9                SENATOR RIVERA:   Thank you, 

10   Mr. President.  To explain my vote.  

11                Whatever disagreements I might have 

12   had with Senator Savino over the years on a lot 

13   of issues, there's something that I can say about 

14   her without a doubt.  She is incredibly thorough, 

15   incredibly thoughtful, and she approaches things 

16   in a comprehensive manner.  Which is what she 

17   just did in explaining how this is just a bill to 

18   allow for one more option of treatment that does 

19   not exclude or shut off any other type of 

20   treatment that these individuals might still be 

21   receiving.  

22                I would implore my colleagues, 

23   please educate yourselves better about what this 

24   is.  We care deeply, not only about veterans but 

25   about other individuals that might have PTSD or 


                                                               5090

 1   have other conditions.  

 2                We have tried mightily to expand 

 3   this program because we believe that offering it 

 4   as an option between the patient and a doctor 

 5   that then does not prescribe -- that does not 

 6   happen in the State of New York -- but makes a 

 7   recommendation for this treatment is a way to 

 8   deal with all sorts of issues.  And it has been 

 9   shown over and over again that it does work.  

10                And ultimately, this is about an 

11   option that should exist for individuals that 

12   are, along with their doctors, making a decision 

13   about what is best treatment for them.  

14                So please, let's give them the 

15   option.  Let's give veterans the option, let's 

16   give individuals that suffer from PTSD the 

17   option, and let's continue to work to make this 

18   program work better, be more extensive, and 

19   follow the lead of Senator Savino in doing so.  

20                So I will be voting in the positive, 

21   Mr. President.

22                ACTING PRESIDENT AKSHAR:   Senator 

23   Rivera to be recorded in the affirmative.

24                Senator Krueger.

25                SENATOR KRUEGER:   Thank you.  


                                                               5091

 1                I rise to thank Senator Savino for 

 2   her work on this bill and to raise why I do think 

 3   this is so important for people who are suffering 

 4   from PTSD and other traumatic experiences.

 5                The fact is -- and I have spoken to 

 6   more than a few people who they are advised, even 

 7   when they are going through the Veterans 

 8   Administration programs, to take relatively 

 9   strong drugs along with their therapy, drugs to 

10   deal with the anxiety, drugs to go to sleep at 

11   night, drugs to wake up in the morning.  Many of 

12   them talk about not wanting to take these drugs 

13   because of the impact that it has on them and 

14   their life and the risk of addiction or actual 

15   addiction.  

16                Others talk about the difficulty, 

17   because they refuse to take those drugs, to get 

18   the help they need and to get past this.  Some of 

19   them choose to self-medicate with alcohol.  

20                What we do know about marijuana, it 

21   has medicinal value in a variety of different 

22   ways with different people.  It has been tested 

23   and researched in various countries around the 

24   world.  It has been tested and researched in 

25   various states in this country.  We know it's 


                                                               5092

 1   less addictive than most other drugs that 

 2   actually might be prescribed to veterans and 

 3   others suffering from these illnesses.  We know 

 4   it is less harmful than overmedicating with 

 5   alcohol when you aren't getting the help you 

 6   need.

 7                It seems to me that giving 

 8   professionals -- and as described, in the State 

 9   of New York, psychiatrists -- another 

10   nonaddictive product to offer as part of the 

11   arsenal of the kinds of medical treatment that we 

12   ought to be giving people should be something we 

13   are proud to do.  And I know that if this becomes 

14   law or if perhaps the State Department of Health 

15   chooses, under their regulations, to expand to 

16   marijuana for PTSD, we will see many people in 

17   the State of New York getting the treatment they 

18   need and feeling better sooner.  And that I know 

19   is something we all want.  

20                Thank you, Mr. President.  I vote 

21   yes.

22                ACTING PRESIDENT AKSHAR:   Senator 

23   Krueger to be recorded in the affirmative.

24                Senator Bonacic to explain his vote.

25                SENATOR BONACIC:   I wasn't going to 


                                                               5093

 1   speak on this issue, but what I find alarming is 

 2   22 veterans a day are committing suicide.  And if 

 3   the use of medical marijuana can give them a 

 4   sense of comfort to resist suicidal tendencies 

 5   while they seek other therapies, it's worth a 

 6   shot.  

 7                I vote yes.

 8                ACTING PRESIDENT AKSHAR:   Senator 

 9   Bonacic to be recorded in the affirmative.

10                Seeing no other members wishing to 

11   be heard, I'll ask the Secretary to announce the 

12   result.

13                THE SECRETARY:   In relation to 

14   Calendar 903, those recorded in the negative are 

15   Senators Akshar, Amedore, Boyle, Croci, 

16   DeFrancisco, Díaz, Latimer, LaValle, Marcellino, 

17   Marchione, Ortt, Phillips and Serino.  

18                Ayes, 50.  Nays, 13.

19                ACTING PRESIDENT AKSHAR:   The bill 

20   is passed.

21                ACTING PRESIDENT GRIFFO:   The 

22   Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   1042, by Senator Funke, Senate Print 1356B, an 

25   act to amend the Education Law.


                                                               5094

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 9.  This 

 4   act shall take effect on the first of January.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Funke to explain his vote.  

10                Can I have some order in the 

11   chamber, please.

12                SENATOR FUNKE:   Thank you, 

13   Mr. President.  Thank you, Mr. President.  

14                I spent a lot of time on the 

15   athletic field or covering athletic competitions, 

16   and in that time I came to know, work and respect 

17   the knowledge and experience of those who serve 

18   as athletic trainers.  

19                You know, 30 years ago maybe it made 

20   sense to limit their scope of practice to 

21   organized athletics, but no longer.  Tens of 

22   millions of Americans bike, jog, swim on their 

23   own.  More still participate in dance, 

24   performance, skating or thousands of other 

25   activities and enterprises where the knowledge 


                                                               5095

 1   and expertise of an athletic trainer is needed 

 2   and is certainly valuable.

 3                This bill in essence allows athletic 

 4   trainers to use their unique skills and their 

 5   abilities to treat regular folks in the same way 

 6   they are used to treat elite athletes.  There's 

 7   nothing wrong with that.  

 8                Thankfully, this bill passed last 

 9   year with only one no vote.  And my friend who 

10   debated this bill earlier, the pride of Buffalo 

11   and Duke University, Senator Kennedy, voted in 

12   favor of it.

13                The chairman of the Higher Ed 

14   Committee is Senator LaValle, and someone I 

15   consider an expert on these matters as well.  We 

16   did all we could to address all of the concerns, 

17   even those that came late and I believe were 

18   ill-founded.  

19                And I have the utmost respect for 

20   all the professionals that we worked with.  Where 

21   would we be without our physical therapists, 

22   without our nurses, our EMTs and our docs?  But 

23   when the opposition amounts to a debate over 

24   words like "assess" and "treat," which exist in 

25   many fields and which many professions do every 


                                                               5096

 1   day, we simply cannot allow one profession to 

 2   take ownership of a word simply because it occurs 

 3   in their scope of practice.  That's unreasonable.

 4                Doctors, nurses, physical therapists 

 5   and athletic trainers are all working together 

 6   right now as we speak, and this does nothing to 

 7   change those relationships or those protocols.  

 8   Patients will not in any way be at risk because 

 9   of this bill.  In fact, their health and 

10   treatment will be enhanced by passage of this 

11   legislation to license athletic trainers in the 

12   State of New York.

13                I vote aye, Mr. President.  I urge 

14   my colleagues to do the same.  Thank you.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Funke to be recorded in the affirmative.

17                Senator Kennedy to explain his vote.

18                SENATOR KENNEDY:   Thank you, 

19   Mr. President.

20                First of all, I want to thank my 

21   colleague, our colleague, for bringing this bill 

22   forward, although I will be marked in the 

23   negative and urge my colleagues to vote the same 

24   against this bill that is infringing on the scope 

25   of practice of physical therapists and nurses 


                                                               5097

 1   that have come out very aggressively against this 

 2   legislation in the past year.  

 3                Who, as of last year when it was 

 4   approved unanimously by this body, were at the 

 5   table negotiating but have since come out in 

 6   forceful and, again, aggressive opposition 

 7   because of the fact that again, while 

 8   well-intentioned to license a field of healthcare 

 9   to help individuals on the field of play during 

10   athletic activities, this encroaches on the 

11   ability for the elite healthcare practitioners of 

12   physical therapists and nurses -- many of which 

13   are master's degree and doctorate-educated in 

14   those fields -- to treat those patients in the 

15   hospital setting, in the clinical setting, away 

16   from the athletic field.

17                So while it makes perfect sense for 

18   all of us to have those licensed healthcare 

19   practitioners at the field of play when an 

20   individual is injured physically, with their 

21   anatomy or unfortunately in circumstances of a 

22   concussion, this bill goes way too far.  

23                And I urge a negative vote.  This 

24   will set a precedent that I think is very, very 

25   concerning.  Especially, as I mentioned during 


                                                               5098

 1   our debate, the Higher Education Committee for 

 2   many, many years has prevented this overarching 

 3   violation of the scope of practice in so many 

 4   different healthcare fields.  

 5                With that, Mr. President, I'm in the 

 6   negative.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Kennedy to be recorded in the negative.

 9                Senator LaValle to explain his vote.

10                SENATOR LaVALLE:   Thank you, 

11   Mr. President.

12                I rise to support Senator Funke's 

13   bill to license athletic trainers.

14                The committee, Higher Ed Committee, 

15   goes to great lengths to make sure that scopes of 

16   practice are protected.  To get a scope of 

17   practice, it is a hard-fought thing to get that 

18   recognition, that licensure.

19                And so on this bill, between last 

20   year and this year, we have had what I call 

21   roundtable discussions where all the professions 

22   come in, weigh in, and argue for whatever their 

23   position is.

24                In some cases -- in the case of the 

25   physical therapists, it took approximately 


                                                               5099

 1   14 years, 14 years for that profession to get 

 2   recognized and then, after that, to get 

 3   recognition to receive third-party payments, 

 4   insurance, to come into the scene.

 5                I would tell you that this bill did 

 6   pass last year, should pass again this year and, 

 7   if need be, discussions will continue.  But the 

 8   committee takes very, very seriously, as was 

 9   mentioned, the issue of scopes of practice, and 

10   it doesn't happen in a willy-nilly fashion.

11                So Senator Funke, his staff, the 

12   Higher Ed team have worked very hard in this 

13   bill, have opened their ears to listen across the 

14   board to various input -- whether it be the 

15   physical therapists, the doctors, the nurses, the 

16   EMTs, across the board.

17                So I believe that we've dotted every 

18   I, crossed every T.  And again, Senator Funke, 

19   thank you for your hard work, your staff's hard 

20   work, and the Higher Ed team working on this 

21   bill.  I vote aye.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   LaValle to be recorded in the affirmative.

24                Announce the results.

25                THE SECRETARY:   In relation to 


                                                               5100

 1   Calendar 1042, those recorded in the negative are 

 2   Senators Alcantara, Avella, Bailey, Benjamin, 

 3   Breslin, Brooks, Carlucci, Comrie, DeFrancisco, 

 4   Dilan, Gianaris, Hamilton, Hoylman, Kaminsky, 

 5   Kennedy, Krueger, Latimer, Montgomery, Parker, 

 6   Peralta, Persaud, Phillips, Rivera, Sanders, 

 7   Serrano, Squadron, Stavisky and Stewart-Cousins.  

 8                Ayes, 35.  Nays, 28.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.  

11                The Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   1510, by Senator Klein, Senate Print 4711, an act 

14   to amend the General Business Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the 90th day.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Díaz, are you in the affirmative or negative?  

24   Senator Díaz, how do you vote on the bill?  

25                SENATOR DÍAZ:   (Thumbs down.)  


                                                               5101

 1                ACTING PRESIDENT GRIFFO:   Okay, 

 2   good.  

 3                Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar 1510, those recorded in the negative are 

 6   Senators Díaz, Krueger, Sanders and Squadron.  

 7                Ayes, 59.  Nays, 4.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                Senator DeFrancisco, we're still 

11   waiting for one more bill.  Would you like to -- 

12   what is your choice?

13                SENATOR DeFRANCISCO:   My choice is 

14   to go to motions and resolutions.

15                ACTING PRESIDENT GRIFFO:   We will 

16   return to motions and resolutions.

17                SENATOR DeFRANCISCO:   On page 34, I 

18   offer the following amendments to Calendar Number 

19   1124, Senate Print 6318A, by Senator Hannon, and 

20   ask that said bill retain its place on the 

21   Third Reading Calendar.

22                ACTING PRESIDENT GRIFFO:   The 

23   amendments are received, and the bill shall 

24   retain its place on third reading.

25                SENATOR DeFRANCISCO:   Would you 


                                                               5102

 1   please recognize Senator Gianaris.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Gianaris.

 4                SENATOR GIANARIS:   Thank you, 

 5   Mr. President.

 6                In accordance with Senate Rule XII, 

 7   and pursuant to written notice of such motion 

 8   filed yesterday, June 19, 2017, Senator Hoylman 

 9   moves for chamber consideration of Senate Bill 

10   262 on the Senate Third Reading Calendar, 

11   Calendar Number 423.  And I ask that such motion 

12   be taken up and acted upon immediately, and I ask 

13   that Senator Hoylman please be heard on the 

14   motion.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Hoylman, you may be heard on the motion for 

17   chamber consideration.

18                SENATOR HOYLMAN:   Thank you, 

19   Mr. President.

20                This is the first time we've 

21   attempted this, Rule XII, Section 2, which would 

22   bring a bill to the floor if we in fact get 

23   three-fifths support, it having gone to third 

24   reading previously in another committee.  

25                And the bill I'm moving, 


                                                               5103

 1   Mr. President, concerns some technical changes to 

 2   the terminology used in the Estates, Powers and 

 3   Trusts Law and the Surrogate's Court Procedure 

 4   Act to conform with the Marriage Equality Act of 

 5   2011.  

 6                And as I mentioned, this bill was 

 7   heard in the legislative committee of the 

 8   Judiciary and passed with very few dissenting 

 9   votes, so it should be a no-brainer for us.

10                It removes terms like "paternal" and 

11   "maternal" and "husbands" and "wives" and 

12   replaces them with terms like "spouses," which 

13   are essentially gender-neutral and reflect modern 

14   families like mine.  Obviously, I have a husband 

15   and a daughter, and I think they should be 

16   incorporated in the marriage equality statute.  

17   After all, that's what New York State passed in 

18   2011.

19                And let me say that this is so 

20   important.  I mean, it is Pride Month, after all, 

21   where we celebrate LGBT accomplishments.  And I 

22   can't tell you what it means for an LGBT 

23   New Yorker to know that New York was one of the 

24   first states in the nation to recognize marriage 

25   equality.  I can't tell you what it means to my 


                                                               5104

 1   family -- to my daughter, that her family is 

 2   recognized in the laws of the State of New York.

 3                It's about respect.  It's about 

 4   dignity.  It's about protecting all of our 

 5   families no matter what their composition.  It's 

 6   a technicality, I admit that, but it speaks 

 7   volumes.  It speaks volumes about this chamber, 

 8   it speaks volumes about following the rules of 

 9   the State Senate, it speaks volumes about how we 

10   afford respect to each and every New Yorker.

11                So if you have two daddies or two 

12   mommies or you're LGBT yourself and you're 

13   watching this, know that the New York State 

14   Senate is attempting to stand up for your rights, 

15   is attempting to make certain that our marriage 

16   equality laws conform with modern families.

17                I hope, Mr. President, that my 

18   colleagues will join me and LGBT New Yorkers 

19   across the state during Pride Month in supporting 

20   this resolution.

21                Thank you, Mr. President.

22                ACTING PRESIDENT GRIFFO:   Thank 

23   you, Senator Hoylman.

24                Again, I want to remind the members 

25   here that this is a question on a motion.  So the 


                                                               5105

 1   question is on the motion for chamber 

 2   consideration made by Senator Gianaris on behalf 

 3   of Senator Hoylman.  All those in favor to 

 4   approve the motion for chamber consideration 

 5   signify by saying aye.

 6                SENATOR GIANARIS:   Show of hands, 

 7   please, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   A show of 

 9   hands has been requested and so directed.

10                Announce the results.

11                THE SECRETARY:   Ayes, 30.

12                ACTING PRESIDENT GRIFFO:   The 

13   motion fails.

14                Senator DeFrancisco.

15                SENATOR DeFRANCISCO:   There will be 

16   an immediate meeting of the Rules Committee in 

17   Room 332.  And we will start when we have a 

18   quorum.

19                ACTING PRESIDENT GRIFFO:   There 

20   will be an immediate meeting of the 

21   Rules Committee in Room 332.  All members of the 

22   Rules Committee should report immediately to 

23   Room 332 to allow the committee to undertake 

24   business before the committee.

25                The Senate will stand temporarily at 


                                                               5106

 1   ease.

 2                (Whereupon, the Senate stood at ease 

 3   at 3:47 p.m.)

 4                (Whereupon, the Senate reconvened at 

 5   4:35 p.m.)

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Senate will come to order.

 8                SENATOR DeFRANCISCO:    

 9   Mr. President, is there a Rules report at the 

10   desk?  

11                ACTING PRESIDENT GRIFFO:   There is 

12   a Rules report at the desk.

13                SENATOR DeFRANCISCO:   Can we please 

14   read the Rules report.

15                ACTING PRESIDENT GRIFFO:   The 

16   Secretary will read the Rules report.

17                THE SECRETARY:   Senator Flanagan, 

18   from the Committee on Rules, reports the 

19   following bills:  

20                Senate Print 407, by Senator Robach, 

21   an act to amend the State Finance Law; 

22                Senate 450, by Senator Young, an act 

23   to amend the Labor Law; 

24                Senate 602, by Senator Boyle, an act 

25   to create; 


                                                               5107

 1                Senate 643, by Senator Boyle, an act 

 2   to amend the Penal Law; 

 3                Senate 683, by Senator Kennedy, an 

 4   act to amend the Social Services Law; 

 5                Senate 692B --

 6                SENATOR DeFRANCISCO:   Excuse me.  

 7   While Senator Griffo is relaxing --

 8                (Laughter.)

 9                SENATOR DeFRANCISCO:   -- I just 

10   would like to call an immediate meeting of the 

11   Higher Education Committee.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   DeFrancisco, we were conferring.  

14                But we will call an immediate 

15   meeting of the Higher Education Committee in Room 

16   332.  Is that in Room 332?  

17                SENATOR DeFRANCISCO:   Yes.  Thank 

18   you.  Can we --

19                ACTING PRESIDENT GRIFFO:   May we 

20   have some order in the house, please.

21                The Secretary will continue.

22                THE SECRETARY:   Senate Print 692B, 

23   by Senator Ortt, an act to amend the Education 

24   Law; 

25                Senate 704, by Senator Ortt, an act 


                                                               5108

 1   to amend the Insurance Law; 

 2                Senate 772, by Senator 

 3   Stewart-Cousins, an act to amend the Real 

 4   Property Tax Law; 

 5                Senate 832, by Senator Young, an act 

 6   to amend the Vehicle and Traffic Law; 

 7                Senate 872, by Senator Ortt, an act 

 8   to amend the Mental Hygiene Law; 

 9                Senate 1120, by Senator Funke, an 

10   act to amend the New York State Urban Development 

11   Corporation Act; 

12                Senate 1261, by Senator Marcellino, 

13   an act to amend the Vehicle and Traffic Law; 

14                Senate 1380A, by Senator LaValle, an 

15   act to amend the Education Law; 

16                Senate 1596A, by Senator LaValle, an 

17   act to amend the Education Law; 

18                Senate 1737, by Senator Parker, an 

19   act to amend the Education Law; 

20                Senate 1993B, by Senator Akshar, an 

21   act to amend the Workers' Compensation Law; 

22                Senate 2142A, by Senator Alcantara, 

23   an act to amend the Real Property Law; 

24                Senate 2153, by Senator Marcellino, 

25   an act to amend the Tax Law; 


                                                               5109

 1                Senate 2209, by Senator Breslin, an 

 2   act to amend the General Municipal Law; 

 3                Senate 2213A, by Senator LaValle, an 

 4   act to amend the Education Law; 

 5                Senate 2221, by Senator Parker, an 

 6   act to amend the Vehicle and Traffic Law; 

 7                Senate 2236, by Senator Parker, an 

 8   act to amend the Elder Law; 

 9                Senate 2349, by Senator Parker, an 

10   act to amend the Vehicle and Traffic Law; 

11                Senate 2546, by Senator Hannon, an 

12   act to amend Chapter 474 of the Laws of 1996; 

13                Senate 2559, by Senator Golden, an 

14   act to amend the Tax Law; 

15                Senate 2597, by Senator Ranzenhofer, 

16   an act to amend the Education Law; 

17                Senate 2603, by Senator LaValle, an 

18   act to amend the Education Law; 

19                Senate 2767, by Senator Golden, an 

20   act to establish; 

21                Senate 2823, by Senator O'Mara, an 

22   act to amend the Environmental Conservation Law; 

23                Senate 2935, by Senator Gallivan, an 

24   act to amend the Religious Corporations Law; 

25                Senate 2995, by Senator Golden, an 


                                                               5110

 1   act to amend the Executive Law; 

 2                Senate 3019, by Senator Ritchie, an 

 3   act to authorize; 

 4                Senate 3029A, by Senator Helming, an 

 5   act to amend the Executive Law; 

 6                Senate 3159A, by Senator Golden, an 

 7   act to amend the Tax Law; 

 8                Senate 3198, by Senator Serrano, an 

 9   act to amend the Parks, Recreation and Historic 

10   Preservation Law; 

11                Senate 3270A, by Senator Parker, an 

12   act to amend the Economic Development Law; 

13                Senate 3541, by Senator Lanza, an 

14   act to amend the Public Health Law; 

15                Senate 3544, by Senator Lanza, an 

16   act to amend the Education Law; 

17                Senate 3557, by Senator Boyle, an 

18   act to amend the Tax Law; 

19                Senate 3677, by Senator Addabbo, an 

20   act to amend the Penal Law; 

21                Senate 3848, by Senator Murphy, an 

22   act to amend the General City Law; 

23                Senate 3936A, by Senator Young, an 

24   act to amend the Vehicle and Traffic Law; 

25                Senate 4051C, by Senator LaValle, an 


                                                               5111

 1   act to amend the Environmental Conservation Law; 

 2                Senate 4406A, by Senator Sanders, an 

 3   act to amend the Public Health Law; 

 4                Senate 4557B, by Senator Ortt, an 

 5   act to amend the Social Services Law; 

 6                Senate 4730, by Senator Larkin, an 

 7   act to direct; 

 8                Senate 4832, by Senator Marcellino, 

 9   an act to amend the Education Law; 

10                Senate 4861, by Senator Díaz, an act 

11   to amend the Parks, Recreation and Historic 

12   Preservation Law; 

13                Senate 4876, by Senator Golden, an 

14   act to amend the Executive Law; 

15                Senate 5014, by Senator Krueger, an 

16   act to amend the Executive Law; 

17                Senate 5068, by Senator Gallivan, an 

18   act to amend the Correction Law; 

19                Senate 5256A, by Senator Golden, an 

20   act to amend the Retirement and Social Security 

21   Law; 

22                Senate 5343B, by Senator Lanza, an 

23   act to amend the Penal Law; 

24                Senate 5409A, by Senator Gallivan, 

25   an act to amend the Correction Law; 


                                                               5112

 1                Senate 5627, by Senator Savino, an 

 2   act to amend the Public Health Law; 

 3                Senate 5706, by Senator Golden, an 

 4   act to amend the Administrative Code of the City 

 5   of New York; 

 6                Senate 5709, by Senator Montgomery, 

 7   an act to direct; 

 8                Senate 5724, by Senator Golden, an 

 9   act to amend the Social Services Law; 

10                Senate 5739, by Senator Young, an 

11   act to amend the Tax Law; 

12                Senate 5751A, by Senator Golden, an 

13   act to amend the Executive Law; 

14                Senate 5781, by Senator Hannon, an 

15   act to amend the Vehicle and Traffic Law; 

16                Senate 5804, by Senator Boyle, an 

17   act to amend Chapter 635 of the Laws of 1987; 

18                Senate 5841, by Senator Hannon, an 

19   act to amend the Social Services Law; 

20                Senate 5844A, by Senator Murphy, an 

21   act to amend the Alcoholic Beverage Control Law; 

22                Senate 5852, by Senator Marcellino, 

23   an act to amend the Tax Law; 

24                Senate 5858, by Senator Ritchie, an 

25   act to amend the Domestic Relations Law; 


                                                               5113

 1                Senate 5887, by Senator Golden, an 

 2   act to amend the Tax Law; 

 3                Senate 5981, by Senator Ortt, an act 

 4   to amend the Alcoholic Beverage Control Law; 

 5                Senate 5988, by Senator Lanza, an 

 6   act to amend the Penal Law; 

 7                Senate 6057, by Senator Golden, an 

 8   act to amend the Real Property Tax Law; 

 9                Senate 6058A, by Senator Golden, an 

10   act to amend the Real Property Tax Law; 

11                Senate 6085, by Senator Boyle, an 

12   act relating to; 

13                Senate 6089, by Senator Marcellino, 

14   an act to amend Chapter 507 of the Laws of 1974; 

15                Senate 6120, by Senator Murphy, an 

16   act to amend the Alcoholic Beverage Control Law; 

17                Senate 6177A, by Senator Little, an 

18   act to amend the Real Property Law; 

19                Senate 6189, by Senator Lanza, an 

20   act to amend the Executive Law; 

21                Senate 6202, by Senator Lanza, an 

22   act to amend the Administrative Code of the City 

23   of New York; 

24                Senate 6212A, by Senator Lanza, an 

25   act to amend the Vehicle and Traffic Law; 


                                                               5114

 1                Senate 6269, by Senator Larkin, an 

 2   act to amend the Real Property Tax Law; 

 3                Senate 6304, by Senator Lanza, an 

 4   act to amend the Public Authorities Law; 

 5                Senate 6317, by Senator Hannon, an 

 6   act to amend the Public Authorities Law; 

 7                Senate 6320B, by Senator Golden, an 

 8   act to amend the Tax Law; 

 9                Senate 6324, by Senator Golden, an 

10   act to amend the Social Services Law; 

11                Senate 6325, by Senator Golden, an 

12   act to amend the Tax Law; 

13                Senate 6439A, by Senator Seward, an 

14   act to amend the Insurance Law; 

15                Senate 6494, by Senator Golden, an 

16   act in relation to; 

17                Senate 6497A, by Senator Comrie, an 

18   act authorizing; 

19                Senate 6513B, by Senator Alcantara, 

20   an act to amend the New York City Charter; 

21                Senate 6526, by Senator Carlucci, an 

22   act in relation to; 

23                Senate 6535, by Senator Ortt, an act 

24   to amend the Environmental Conservation Law; 

25                Senate 6536, by Senator Ortt, an act 


                                                               5115

 1   to amend the New York State Urban Development 

 2   Corporation Act; 

 3                Senate 6572A, by Senator Seward, an 

 4   act to amend Chapter 589 of the Laws of 2015; 

 5                Senate 6599, by Senator Larkin, an 

 6   act to amend the Education Law; 

 7                Senate 6627, by Senator Young, an 

 8   act to amend the Administrative Code of the City 

 9   of New York; 

10                Senate 6648, by Senator Larkin, an 

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

12                Senate 6654, by Senator Hannon, an 

13   act to repeal Section 19;

14                Section 6664, by Senator Gallivan, 

15   an act in relation to; 

16                Senate 6672, by Senator Hannon, an 

17   act to amend the Public Health Law;

18                Senate 6673, by Senator Hannon, an 

19   act to amend the Public Health Law; 

20                Senate 6686, by Senator Ranzenhofer, 

21   an act to amend the State Finance Law; 

22                Senate 6694, by Senator Funke, an 

23   act to amend the Economic Development Law; 

24                Senate 6696, by Senator Jacobs, an 

25   act to amend the Alcoholic Beverage Control Law; 


                                                               5116

 1                Senate 6703, by Senator Peralta, an 

 2   act authorizing; 

 3                Senate 6707, by Senator Avella, an 

 4   act to amend New York State Urban Development 

 5   Corporation Act; 

 6                Senate 6712, by Senator Golden, an 

 7   act to amend the Real Property Tax Law; 

 8                Senate 6713, by Senator Golden, an 

 9   act to amend the Public Health Law; 

10                Senate 6717, by the Senate Committee 

11   on Rules, an act to amend the County Law; 

12                Senate 6718, by Senator O'Mara, an 

13   act to amend Chapter 672 of the Laws of 1993; 

14                Senate 6724, by Senator Serrano, an 

15   act to authorize;

16                Senate 6726, by Senator Young, an 

17   act to amend Chapter 408 of the Laws of 1999; 

18                Senate 6732, by Senator Serino, an 

19   act to amend the Social Services Law; 

20                Senate 6734, by Senator Croci, an 

21   act to amend the Criminal Procedure Law; 

22                Senate 6739, by Senator Savino, an 

23   act to amend the Executive Law;

24                Senate 6740, by Senator Phillips, an 

25   act to amend the Criminal Procedure Law; 


                                                               5117

 1                Senate 6745, by the Senate Committee 

 2   on Rules, an act to amend Chapter 73 of the Laws 

 3   of 1940; 

 4                Senate 6749, by Senator Savino, an 

 5   act to amend the Election Law; 

 6                Senate 6751, by Senator Comrie, an 

 7   act to amend the Real Property Tax Law;

 8                Senate 6754, by Senator Valesky, an 

 9   act to amend the Canal Law;

10                Senate 6755, by Senator Golden, 

11   Concurrent Resolution of the Senate and Assembly; 

12                Senate 6756, by Senator Griffo, an 

13   act to amend the General Business Law; 

14                Senate 6759, by Senator Hannon, an 

15   act to amend the Public Health Law; 

16                Senate 6762, by Senator Griffo, an 

17   act to amend the Real Property Tax Law; 

18                Senate 6764, by Senator Lanza, an 

19   act to amend the Criminal Procedure Law; 

20                Senate 6769, by Senator Lanza, an 

21   act to amend the Tax Law; 

22                Senate 6776, by Senator Hannon, an 

23   act to amend Chapter 54 of the Laws of 2016; 

24                Senate 6779, by Senator Young, an 

25   act to legalize, validate, ratify and confirm; 


                                                               5118

 1                Senate 6780, by Senator LaValle, an 

 2   act to amend the State Finance Law; and

 3                Senate 6782, by Senator Croci, an 

 4   act to amend the Vehicle and Traffic Law.

 5                All bills reported direct to third 

 6   reading.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   DeFrancisco, I'll entertain a motion.

 9                SENATOR DeFRANCISCO:   Yes, can we 

10   go back to messages from the Assembly, please.  

11                But before we do that, I'd like to 

12   call an immediate meeting of the Investigations 

13   Committee in Room 124.

14                ACTING PRESIDENT GRIFFO:   There 

15   will be an immediate meeting of the Government 

16   Operations and Investigations Committee in 

17   Room 124 of the Capitol.

18                Senator DeFrancisco, can I entertain 

19   a motion to accept the Rules Committee report?  

20                SENATOR DeFRANCISCO:   Yes, I would 

21   like to do that.

22                ACTING PRESIDENT GRIFFO:   All in 

23   favor of accepting the Committee on Rules report 

24   as read signify by saying aye.

25                (Response of "Aye.")


                                                               5119

 1                ACTING PRESIDENT GRIFFO:   Opposed?

 2                (No response.)

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Committee on Rules report is before the house.

 5                We will return now to messages from 

 6   the Assembly.

 7                The Secretary will read.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Robach moves to discharge, from the Committee on 

10   Rules, Assembly Bill Number 1644 and substitute 

11   it for the identical Senate Bill 407, Third 

12   Reading Calendar 1985.

13                Senator Funke moves to discharge, 

14   from the Committee on Corporations and 

15   Authorities, Assembly Bill Number 6110 and 

16   substitute it for the identical Senate Bill 1120, 

17   Third Reading Calendar 1995.

18                Senator LaValle moves to discharge, 

19   from the Committee on Rules, Assembly Bill Number 

20   934A and substitute it for the identical Senate 

21   Bill 1596A, Third Reading Calendar 1998.

22                Senator Ritchie moves to discharge, 

23   from the Committee on Rules, Assembly Bill Number 

24   735 and substitute it for the identical Senate 

25   Bill 3019, Third Reading Calendar 2016.


                                                               5120

 1                Senator Young moves to discharge, 

 2   from the Committee on Rules, Assembly Bill Number 

 3   282A and substitute it for the identical Senate 

 4   Bill 3936A, Third Reading Calendar 2025.

 5                Senator LaValle moves to discharge, 

 6   from the Committee on Rules, Assembly Bill Number 

 7   4289C and substitute it for the identical Senate 

 8   Bill 4051C, Third Reading Calendar 2026.

 9                Senator Larkin moves to discharge, 

10   from the Committee on Veterans and Homeland 

11   Security, Assembly Bill Number 4859 and 

12   substitute it for the identical Senate Bill 4730, 

13   Third Reading Calendar 2030.

14                Senator Golden moves to discharge, 

15   from the Committee on Rules, Assembly Bill Number 

16   8092 and substitute it for the identical Senate 

17   Bill 5256A, Third Reading Calendar 2036.

18                Senator Gallivan moves to discharge, 

19   from the Committee on Rules, Assembly Bill Number 

20   7985A and substitute it for the identical Senate 

21   Bill 5409A, Third Reading Calendar 2038.

22                Senator Young moves to discharge, 

23   from the Committee on Rules, Assembly Bill Number 

24   7523 and substitute it for the identical Senate 

25   Bill 5739, Third Reading Calendar 2043.


                                                               5121

 1                Senator Murphy moves to discharge, 

 2   from the Committee on Rules, Assembly Bill Number 

 3   7593A and substitute it for the identical Senate 

 4   Bill 5844A, Third Reading Calendar 2049.

 5                Senator Ortt moves to discharge, 

 6   from the Committee on Rules, Assembly Bill Number 

 7   7878 and substitute it for the identical Senate 

 8   Bill 5981, Third Reading Calendar 2053.

 9                Senator Murphy moves to discharge, 

10   from the Committee on Rules, Assembly Bill Number 

11   8242 and substitute it for the identical Senate 

12   Bill 6120, Third Reading Calendar 2059.

13                Senator Hannon moves to discharge, 

14   from the Committee on Rules, Assembly Bill Number 

15   7892 and substitute it for the identical Senate 

16   Bill 6317, Third Reading Calendar 2066.

17                Senator Golden moves to discharge, 

18   from the Committee on Rules, Assembly Bill Number 

19   8101 and substitute it for the identical Senate 

20   Bill 6494, Third Reading Calendar 2071.

21                Senator Carlucci moves to discharge, 

22   from the Committee on Rules, Assembly Bill Number 

23   8095 and substitute it for the identical Senate 

24   Bill 6526, Third Reading Calendar 2074.

25                Senator Ortt moves to discharge, 


                                                               5122

 1   from the Committee on Rules, Assembly Bill Number 

 2   8107 and substitute it for the identical Senate 

 3   Bill 6536, Third Reading Calendar 2076.

 4                Senator Seward moves to discharge, 

 5   from the Committee on Rules, Assembly Bill Number 

 6   8264 and substitute it for the identical Senate 

 7   Bill 6572A, Third Reading Calendar 2077.

 8                Senator Larkin moves to discharge, 

 9   from the Committee on Rules, Assembly Bill Number 

10   881A and substitute it for the identical Senate 

11   Bill 6599, Third Reading Calendar 2078.

12                Senator Larkin moves to discharge, 

13   from the Committee on Rules, Assembly Bill Number 

14   3037B and substitute it for the identical Senate 

15   Bill 6648, Third Reading Calendar 2080.

16                Senator Funke moves to discharge, 

17   from the Committee on Rules, Assembly Bill Number 

18   8161A and substitute it for the identical Senate 

19   Bill 6694, Third Reading Calendar 2086. 

20                Senator Young moves to discharge, 

21   from the Committee on Rules, Assembly Bill Number 

22   7688 and substitute it for the identical Senate 

23   Bill 6726, Third Reading Calendar 2095.

24                And Senator Savino moves to 

25   discharge, from the Committee on Rules, Assembly 


                                                               5123

 1   Bill 8286B and substitute it for the identical 

 2   Senate Bill 6739, Third Reading Calendar 2098.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   substitutions are all so ordered.

 5                Senator DeFrancisco.

 6                SENATOR DeFRANCISCO:   Can we now 

 7   take up the noncontroversial reading of the 

 8   calendar.  There's a Senate Supplemental Calendar 

 9   58A which has these bills on it.  It's on your 

10   computer, your iPad.  And the first bill is 1985, 

11   by Senator Robach.

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will begin the noncontroversial reading 

14   of Senate Supplemental Calendar 58A.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   1985, substituted earlier by Member of the 

18   Assembly Skoufis, Assembly Print 1644, an act to 

19   amend the State Finance 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.


                                                               5124

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 63.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1986, by Senator Young, Senate Print 450, an act 

 7   to amend the Labor Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 4.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT GRIFFO:   Announce 

16   the results.  

17                THE SECRETARY:   In relation to 

18   Calendar 1986, those recorded in the negative are 

19   Senators Alcantara, Avella, Breslin, Brooks, 

20   Comrie, Dilan, Krueger, Montgomery, Peralta, 

21   Persaud, Rivera, Serrano and Stewart-Cousins.  

22   Also Senator Bailey.  

23                Ayes, 49.  Nays, 14.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               5125

 1                THE SECRETARY:   Calendar Number 

 2   1987, by Senator Boyle, Senate Print 602, an act 

 3   to create.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 4.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 63.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1988, by Senator Boyle, Senate Print 643, an act 

16   to amend the Penal 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, 62.  Nays, 1.  

25   Senator Montgomery recorded in the negative.


                                                               5126

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1989, by Senator Kennedy, Senate Print 683, an 

 5   act to amend the Social Services Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 6.  This 

 9   act shall take effect on the 90th day.

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 1989, those recorded in the negative are 

17   Senators DeFrancisco, Funke, Griffo, Jacobs, 

18   Little, Marcellino, Marchione, Ranzenhofer, 

19   Serino and Seward.  Also Senator Amedore.  Also 

20   Senator Ritchie.

21                Ayes, 51.  Nays, 12.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1990, by Senator Ortt, Senate Print 692B, an act 


                                                               5127

 1   to amend the Education Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 9.  This 

 5   act shall take effect 12 months after it shall 

 6   have become a law.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Latimer to explain his vote.

12                SENATOR LATIMER:   Thank you, 

13   Mr. President.  I'm happy to rise in support of 

14   Senator Ortt's bill.  

15                This is a bill that I carried in the 

16   other house for many years.  I'm happy to see it 

17   pass here in this house, and I hope that we can 

18   bring this to law for all of the school 

19   psychologists around New York State.  

20                Thank you very much, and I want to 

21   be recorded in the affirmative.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Latimer to be recorded in the affirmative.

24                Announce the results.

25                THE SECRETARY:   Ayes, 63.


                                                               5128

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   passes.

 3                THE SECRETARY:   Calendar Number 

 4   1991, by Senator Ortt, Senate Print 704, an act 

 5   to amend the Insurance Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 4.  This 

 9   act shall take effect January 1, 2018.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 63.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   1992, by Senator Stewart-Cousins, Senate Print 

18   772, an act to amend the Real Property Tax Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               5129

 1                THE SECRETARY:   Ayes, 63.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                THE SECRETARY:   Calendar Number 

 5   1993, by Senator Young, Senate Print 832, an act 

 6   to amend the Vehicle and Traffic Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the first of January.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 62.  Nays, 1.  

15   Senator Avella recorded in the negative.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1994, by Senator Ortt, Senate Print 872, an act 

20   to amend the Mental Hygiene 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 


                                                               5130

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 63.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1995, substituted earlier by Member of the 

 8   Assembly Pichardo, Assembly Print 6110, an act to 

 9   amend the New York State Urban Development 

10   Corporation Act.

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, 63.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                THE SECRETARY:   Calendar Number 

22   1996, by Senator Marcellino, Senate Print 1261, 

23   an act to amend the Vehicle and Traffic Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               5131

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect on the 60th day.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT GRIFFO:   Announce 

 7   the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar 1996, those recorded in the negative are 

10   Senators Amedore, Croci, Funke, Helming, Little, 

11   Marchione, Ortt, Ranzenhofer, Robach, Serino and 

12   Seward.  

13                Ayes, 52.  Nays, 11.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1997, by Senator LaValle, Senate Print 1380A, an 

18   act to amend the Education Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 8.  This 

22   act shall take effect on the 180th day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               5132

 1                THE SECRETARY:   Ayes, 63.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1998, substituted earlier by Member of the 

 6   Assembly Glick, Assembly Print 934A, an act to 

 7   amend the Education Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 63.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1999, by Senator Parker, Senate Print 1737, an 

20   act 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 December 1, 2017.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               5133

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 62.  Nays, 1.  

 4   Senator DeFrancisco recorded in the negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   passes.

 7                THE SECRETARY:   Calendar Number 

 8   2000, by Senator Akshar, Senate Print 1993B, an 

 9   act to amend the Workers' Compensation 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:   In relation to 

18   Calendar 2000, those recorded in the negative are 

19   Senators Alcantara, Krueger, Peralta, Rivera and 

20   Squadron.  

21                Ayes, 58.  Nays, 5.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   2001, by Senator Alcantara, Senate Print 2142A, 


                                                               5134

 1   an act to amend the Real Property Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the 180th day.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Croci to explain his vote.

11                SENATOR CROCI:   Thank you, 

12   Mr. President.

13                While a well-intentioned piece of 

14   legislation, as somebody who represents an area 

15   of Long Island that was devastated by Superstorm 

16   Sandy, I would just point that even if your house 

17   was rebuilt and all the Sheetrock and the drywall 

18   was replaced, even if everything in the house was 

19   rebuilt, after four years and you finally get to 

20   a point where you have a new house and you're 

21   ready to sell it, I believe this could affect 

22   Superstorm Sandy victims adversely, in ways that 

23   this bill hadn't intended.  

24                So I will be a no vote.  Thank you.

25                ACTING PRESIDENT GRIFFO:   Can we 


                                                               5135

 1   have a show of hands raised of those in the 

 2   negative, please.

 3                Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar 2001, those recorded in the negative are 

 6   Senators Akshar, Amedore, Bonacic, Boyle, Croci, 

 7   DeFrancisco, Felder, Funke, Gallivan, Griffo, 

 8   Helming, Jacobs, Kaminsky, Lanza, Marchione, 

 9   Ortt, Ranzenhofer, Ritchie, Robach, Serino and 

10   Seward.  Also Senator Little.

11                Ayes, 41.  Nays, 22.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   passes.

14                THE SECRETARY:   Calendar Number 

15   2002, by Senator Marcellino, Senate Print 2153, 

16   an act to amend the Tax Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect April 21, 2018.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 63.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               5136

 1   passes.

 2                THE SECRETARY:   Calendar Number 

 3   2003, by Senator Breslin, Senate Print 2209, an 

 4   act to amend the General Municipal Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 6.  This 

 8   act shall take effect on the 90th day.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 63.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   passes.

15                THE SECRETARY:   Calendar Number 

16   2004, by Senator LaValle, Senate Print 2213A, an 

17   act to amend the Education Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 63.  


                                                               5137

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   passes.

 3                THE SECRETARY:   Calendar Number 

 4   2005, by Senator Parker, Senate Print 2221, an 

 5   act to amend the Vehicle and Traffic Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 4.  This 

 9   act shall take effect on the 180th day.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 63.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   2006, by Senator Parker, Senate Print 2236, an 

18   act to amend the Elder 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.)


                                                               5138

 1                THE SECRETARY:   Ayes, 63.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                THE SECRETARY:   Calendar Number 

 5   2007, by Senator Parker, Senate Print 2349, an 

 6   act to amend the Vehicle and Traffic Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the first of November.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   In relation to 

15   Calendar 2007:  Ayes, 61.  Nays, 2.  Senators 

16   Bonacic and Montgomery recorded in the negative.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   passes.

19                THE SECRETARY:   Calendar Number 

20   2008, by Senator Hannon, Senate Print 2546, an 

21   act to amend Chapter 474 of the Laws of 1996.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               5139

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 63.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   passes.

 7                THE SECRETARY:   Calendar Number 

 8   2009, by Senator Golden, Senate Print 2559, an 

 9   act to amend the Tax Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 7.  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, 62.  Nays, 1.  

18   Senator Krueger recorded in the negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                THE SECRETARY:   Calendar Number 

22   2010, by Senator Ranzenhofer, Senate Print 2597, 

23   an act to amend the Education Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               5140

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the first of July.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Latimer to explain his vote.

 8                SENATOR LATIMER:   Thank you, 

 9   Mr. President.  

10                I rise in support of Senator 

11   Ranzenhofer's bill.  

12                There's a couple of different ways 

13   to interpret this.  But the way I look at this 

14   bill is this is an opportunity for mandate relief 

15   on the part of school districts.  Many school 

16   districts that have an annual audit wind up 

17   spending money more frequently than need be.  A 

18   less frequent audit, particularly where nothing 

19   has been found in a prior audit, would be less 

20   spending on behalf of that school district.  

21                So with that thought in mind, I 

22   believe Senator Ranzenhofer's bill is a mandate 

23   relief bill.  And I withdraw my request to speak, 

24   and I intend to vote in the affirmative on the 

25   bill.


                                                               5141

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Latimer to be recorded in the affirmative.

 3                Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar 2010, those recorded in the negative are 

 6   Senators Alcantara, Avella, Bailey, Benjamin, 

 7   Brooks, Comrie, Dilan, Jacobs, Kaminsky, Krueger, 

 8   LaValle, Marcellino, Montgomery, Persaud, Rivera 

 9   and Squadron.  

10                Ayes, 47.  Nays, 16.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   passes.

13                THE SECRETARY:   Calendar Number 

14   2011, by Senator LaValle, Senate Print 2603, an 

15   act to amend the Education Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect one year after it shall 

20   have become a law.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 62.  Nays, 1.  

25   Senator Krueger recorded in the negative.


                                                               5142

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   2012, by Senator Golden, Senate Print 2767, an 

 5   act to establish.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 4.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 63.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   2013, by Senator O'Mara, Senate Print 2823, an 

18   act to amend the Environmental Conservation Law.

19                SENATOR SERRANO:   Lay the bill 

20   aside, please.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is laid aside.

23                THE SECRETARY:   Calendar Number 

24   2014, by Senator Gallivan, Senate Print 2935, an 

25   act to amend the Religious Corporation Law.


                                                               5143

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 63.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   2015, by Senator Golden, Senate Print 2995, an 

13   act to amend the Executive 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, 63.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   passes.

24                THE SECRETARY:   Calendar Number 

25   2016, substituted earlier by Member of the 


                                                               5144

 1   Assembly Gunther, Assembly Print 735, an act to 

 2   authorize.

 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, 63.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   2017, by Senator Helming, Senate Print 3029A, an 

15   act to amend the Executive Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect April 1, 2018.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 63.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   passes.


                                                               5145

 1                THE SECRETARY:   Calendar Number 

 2   2018, by Senator Golden, Senate Print 3159A, an 

 3   act to amend the Tax Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 14.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   In relation to 

12   Calendar 2018, those recorded in the negative are 

13   Senators Akshar, Krueger, Serino and Tedisco.  

14   Also Senator LaValle.  

15                Ayes, 58.  Nays, 5.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                THE SECRETARY:   In relation to 

19   Calendar 2018, those recorded in the negative are 

20   Senators Akshar, Jacobs, Krueger, LaValle, 

21   Little, Serino and Tedisco.  Also Senator 

22   Marchione.  

23                Ayes, 55.  Nays, 8.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   passes again.


                                                               5146

 1                THE SECRETARY:   Calendar Number 

 2   2019, by Senator Serrano, Senate Print 3198, an 

 3   act to amend the Parks, Recreation and Historic 

 4   Preservation 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, 63.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   passes.

15                THE SECRETARY:   Calendar Number 

16   2020, by Senator Parker, Senate Print 3270A, an 

17   act to amend the Economic Development Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 63.


                                                               5147

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   passes.

 3                THE SECRETARY:   Calendar Number 

 4   2021, by Senator Lanza, Senate Print 3541, an act 

 5   to amend the Public Health Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 63.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   2022, by Senator Lanza, Senate Print 3544, an act 

18   to amend the Education 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.)


                                                               5148

 1                THE SECRETARY:   Ayes, 63.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                THE SECRETARY:   Calendar Number 

 5   2023, by Senator Boyle, Senate Print 3557, an act 

 6   to amend the Tax Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 5.  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, 63.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   passes.

17                THE SECRETARY:   Calendar Number 

18   2024, by Senator Murphy, Senate Print 3848, an 

19   act to amend the General City Law.

20                SENATOR SERRANO:   Lay it aside, 

21   please.

22                ACTING PRESIDENT GRIFFO:   Lay it 

23   aside.

24                THE SECRETARY:   Calendar Number 

25   2025, substituted earlier by Member of the 


                                                               5149

 1   Assembly Santabarbara, Assembly Print 282A, an 

 2   act to amend the Vehicle and Traffic Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 4.  This 

 6   act shall take effect on the 180th day.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 63.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   2026, substituted earlier by Member of the 

15   Assembly Thiele, Assembly Print 4289C, an act to 

16   amend the Environmental Conservation 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, 63.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               5150

 1   passes.

 2                THE SECRETARY:   Calendar Number 

 3   2027, by Senator Sanders, Senate Print 4406A, an 

 4   act to amend the Public Health Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  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, 63.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   passes.

15                THE SECRETARY:   Calendar Number 

16   2028, by Senator Addabbo, Senate Print 3677, an 

17   act to amend the Penal 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 November.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 63.


                                                               5151

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   passes.

 3                THE SECRETARY:   Calendar Number 

 4   2029, by Senator Ortt, Senate Print 4557B, an act 

 5   to amend the Social Services Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the first of April.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 63.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   2030, substituted earlier by Member of the 

18   Assembly Barrett, Assembly Print 4859, an act to 

19   direct.

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.


                                                               5152

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 63.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   passes.

 5                THE SECRETARY:   Calendar Number 

 6   2031, by Senator Marcellino, Senate Print 4832, 

 7   an act to amend the Education Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 63.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                THE SECRETARY:   Calendar Number 

19   2032, by Senator Díaz, Senate Print 4861, an act 

20   to amend the Parks, Recreation and Historic 

21   Preservation Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect on the 30th day.


                                                               5153

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 63.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   passes.

 7                THE SECRETARY:   Calendar Number 

 8   2033, by Senator Golden, Senate Print 4876, an 

 9   act to amend the Executive Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 4.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 63.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   passes.

20                THE SECRETARY:   Calendar Number 

21   2034, by Senator Krueger, Senate Print 5014, an 

22   act to amend the Executive Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               5154

 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   Krueger to explain her vote.

 7                SENATOR KRUEGER:   Thank you.

 8                I wanted to thank my colleagues if 

 9   they're voting for this bill.  

10                I can't think of anything more fun, 

11   and I refer everyone to watching BBC occasionally 

12   when the prime minister comes before Parliament.  

13   Thank you, Mr. President.  I vote yes.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Krueger in the affirmative.

16                Announce the results.

17                THE SECRETARY:   Ayes, 61.  Nays, 2.  

18   Senators Griffo and Ranzenhofer recorded in the 

19   negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   2035, by Senator Gallivan, Senate Print 5068, an 

24   act to amend the Correction Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               5155

 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, 63.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   2036, substituted earlier by Member of the 

12   Assembly Abbate, Assembly Print 8092, an act to 

13   amend the Retirement and Social Security 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, 63.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   2037, by Senator Lanza, Senate Print 5343B, an 


                                                               5156

 1   act to amend the Penal Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                SENATOR SERRANO:   Lay it aside, 

 5   please.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is laid aside.

 8                THE SECRETARY:   Calendar Number 

 9   2038, substituted earlier by Member of the 

10   Assembly Blake, Assembly Print 7985A, an act to 

11   amend the Correction Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 61.  Nays, 2.  

20   Senators Hoylman and Montgomery recorded in the 

21   negative.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   2039, by Senator Savino, Senate Print 5627, an 


                                                               5157

 1   act to amend the Public Health Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect 60 days after it shall have 

 6   become a law.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   Announce 

11   the results.  

12                THE SECRETARY:   Ayes, 62.  Nays, 1.  

13   Senator Croci recorded in the negative.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   2040, by Senator Golden, Senate Print 5706, an 

18   act to amend the Administrative Code of the City 

19   of New York.

20                ACTING PRESIDENT GRIFFO:   There is 

21   a home-rule message at the desk.

22                The Secretary will read the last 

23   section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               5158

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 63.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   2041, by Senator Montgomery, Senate Print 5709, 

 9   an act to direct.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 4.  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, 62.  Nays, 1.  

18   Senator Bonacic recorded in the negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                THE SECRETARY:   Calendar Number 

22   2042, by Senator Golden, Senate Print 5724, an 

23   act to amend the Social Services Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               5159

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 62.  Nays, 1.  

 7   Senator Savino recorded in the negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   passes.

10                THE SECRETARY:   Calendar Number 

11   2043, substituted earlier by Member of the 

12   Assembly Farrell, Assembly Print 7523, 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 immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 61.  Nays, 2.  

22   Senators Hoylman and Krueger recorded in the 

23   negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   passes.


                                                               5160

 1                THE SECRETARY:   Calendar Number 

 2   2044, by Senator Golden, Senate Print 5751A, an 

 3   act to amend the Executive Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Little to explain her vote.

13                SENATOR LITTLE:   I think I'd better 

14   explain my vote before I get thrown out of here.  

15                I have nothing against Mother 

16   Teresa.  I think she's a person to admire and to 

17   try to be like.  I just don't know where this 

18   ends.  Probably when we run out of days.  

19                But that's my reason for voting no.  

20   Thank you.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Little in the negative.

23                Announce the results.

24                THE SECRETARY:   Ayes, 61.  Nays, 2.  

25   Senators Hoylman and Little recorded in the 


                                                               5161

 1   negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   2045, by Senator Hannon, Senate Print 5781, an 

 6   act to amend the Vehicle and Traffic Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the first of January.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 63.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   2046, by Senator Croci, Senate Print 6782, an act 

19   to amend the Vehicle and Traffic Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 6.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               5162

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 63.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   2047, by Senator Boyle, Senate Print 5804, an act 

 7   to amend Chapter 635 of the Laws of 1987.

 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, 63.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   2048, by Senator Hannon, Senate Print 5841, an 

20   act to amend the Social Services 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 


                                                               5163

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 63.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   passes.

 6                THE SECRETARY:   Calendar Number 

 7   2049, substituted earlier by Member of the 

 8   Assembly Schimminger, Assembly Print 7593A, an 

 9   act to amend the Alcoholic Beverage Control 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, 62.  Nays, 1.  

18   Senator Díaz recorded in the negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                THE SECRETARY:   Calendar Number 

22   2050, by Senator Marcellino, Senate Print 5852, 

23   an act to amend the Tax Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               5164

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect January 1, 2019.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 63.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   passes.

 9                THE SECRETARY:   Calendar Number 

10   2051, by Senator Ritchie, Senate Print 5858, an 

11   act to amend the Domestic Relations Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 6.  This 

15   act shall take effect on the 90th day.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 60.  Nays, 3.  

20   Senators Funke, Helming and Marchione recorded in 

21   the negative.  

22                ACTING PRESIDENT GRIFFO:   The bill 

23   passes.

24                THE SECRETARY:   Calendar Number 

25   2052, by Senator Golden, Senate Print 5887, an 


                                                               5165

 1   act to amend the Tax Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 8.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 62.  Nays, 1.  

10   Senator Akshar recorded in the negative.  

11                ACTING PRESIDENT GRIFFO:   The bill 

12   passes.

13                THE SECRETARY:   Calendar Number 

14   2053, substituted earlier by Member of the 

15   Assembly Morinello, Assembly Print 7878, an act 

16   to amend the Alcoholic Beverage Control Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 62.  Nays, 1.  

25   Senator Díaz recorded in the negative.


                                                               5166

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   passes.

 3                THE SECRETARY:   Calendar Number 

 4   2054, by Senator Lanza, Senate Print 5988, an act 

 5   to amend the Penal Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 33.  This 

 9   act shall take effect on the 90th day.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 63.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   2055, by Senator Golden, Senate Print 6057, an 

18   act to amend the Real Property Tax Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               5167

 1                THE SECRETARY:   Ayes, 62.  Nays, 1.  

 2   Senator Krueger recorded in the negative.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   2056, by Senator Golden, Senate Print 6058A, an 

 7   act to amend the Real Property Tax Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect on the first of January.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 63.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                THE SECRETARY:   Calendar Number 

19   2057, by Senator Boyle, Senate Print 6085, an act 

20   relating to.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               5168

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 62.  Nays, 1.  

 4   Senator Krueger recorded in the negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   2058, by Senator Marcellino, Senate Print 6089, 

 9   an act to amend Chapter 507 of the Laws of 1974.

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, 63.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   passes.

20                THE SECRETARY:   Calendar Number 

21   2059, substituted earlier by Member of the 

22   Assembly Barrett, Assembly Print 8242, an act to 

23   amend the Alcoholic Beverage Control Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               5169

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 62.  Nays, 1.  

 7   Senator Díaz recorded in the negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   2060, by Senator Little, Senate Print 6177A, an 

12   act to amend the Real Property Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect on the 180th day.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 63.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   passes.

23                THE SECRETARY:   Calendar Number 

24   2061, by Senator Lanza, Senate Print 6189, an act 

25   to amend the Executive Law.


                                                               5170

 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                ACTING PRESIDENT GRIFFO:   Senator 

 9   Hoylman to explain his vote.

10                SENATOR HOYLMAN:   Thank you, 

11   Mr. President.

12                We broke a record today.  This is 

13   the 55th sex offender bill that the Senate has 

14   voted on.  We voted on 50 last year.  

15                There was also news today that we 

16   apparently are not voting on the Child Victims 

17   Act.  I support this legislation, but I'm 

18   extremely disappointed that all the work that the 

19   Assembly did to pass the Child Victims Act, the 

20   Governor's program bill, the support of the 

21   Attorney General, the support of advocates and 

22   thousands of survivors across the State of 

23   New York has not moved this body to actually 

24   comprehensively address the issue of child sexual 

25   abuse.  


                                                               5171

 1                Thank you, Mr. President.  I vote in 

 2   the affirmative.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Hoylman in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   Ayes, 62.  Nays, 1.  

 7   Senator Montgomery recorded in the negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   2062, by Senator Lanza, Senate Print 6202, an act 

12   to amend the Administrative Code of the City of 

13   New York.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                SENATOR SERRANO:   Lay it aside, 

17   please.

18                ACTING PRESIDENT GRIFFO:   Lay it 

19   aside.

20                THE SECRETARY:   Calendar Number 

21   2063, by Senator Lanza, Senate Print 6212A, an 

22   act to amend the Vehicle and Traffic Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               5172

 1   act shall take effect on the 90th day.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 63.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   In relation to 

 9   Calendar 2063:  Ayes, 62.  Nays, 1.  Senator 

10   Felder recorded in the negative.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   still passes.

13                THE SECRETARY:   Calendar Number 

14   2064, by Senator Larkin, Senate Print 6269, an 

15   act to amend the Real Property Tax 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, 63.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               5173

 1                THE SECRETARY:   Calendar Number 

 2   2065, by Senator Lanza, Senate Print 6304, an act 

 3   to amend the Public Authorities Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 63.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   2066, substituted earlier by Member of the 

16   Assembly Englebright, Assembly Print 7892, an act 

17   to amend the Public Authorities Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

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

22   same manner as Section 9 of Part T of Chapter 57 

23   of the Laws of 2017.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.  


                                                               5174

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 63.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   2067, by Senator Golden, Senate Print 6320B, an 

 7   act to amend the Tax Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT GRIFFO:   Announce 

16   the results.

17                THE SECRETARY:   In relation to 

18   Calendar 2067, those recorded in the negative are 

19   Senators Bailey, Comrie, Dilan, Gianaris, 

20   Hoylman, Krueger, Persaud, Rivera, Squadron and 

21   Stewart-Cousins.  Also Senator Montgomery.  

22                Ayes, 52.  Nays, 11.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               5175

 1   2068, by Senator Golden, Senate Print 6324, an 

 2   act to amend the Social Services Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 4.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   Announce 

11   the results.

12                THE SECRETARY:   In relation to 

13   Calendar 2068, those recorded in the negative are 

14   Senators Alcantara, Benjamin, Hoylman, 

15   Montgomery, Ranzenhofer and Savino.  Also Senator 

16   Gianaris.  Also Senator Bailey.  Also Senator 

17   Stavisky.  Also Senator Rivera.  Also Senator 

18   Squadron.

19                ACTING PRESIDENT GRIFFO:    

20   Reannounce.

21                THE SECRETARY:   In relation to 

22   Calendar 2068, those recorded in the negative are 

23   Senators Alcantara, Bailey, Benjamin, 

24   DeFrancisco, Gianaris, Hoylman, Montgomery, 

25   Ranzenhofer, Rivera, Savino, Squadron and 


                                                               5176

 1   Stavisky.  

 2                Ayes, 51.  Nays, 12.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   2069, by Senator Golden, Senate Print 6325, an 

 7   act to amend the Tax Law.

 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, 61.  Nays, 2.  

16   Senators Díaz and Montgomery recorded in the 

17   negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20               I'm going to ask the members, if 

21  you're in the negative, please raise your hand. 

22                THE SECRETARY:   In relation to 

23   Calendar 2069, those recorded in the negative are 

24   Senators Benjamin, Díaz and Montgomery.

25                Ayes, 60.  Nays, 3.


                                                               5177

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   2070, by Senator Seward, Senate Print 6439A, an 

 5   act to amend the Insurance Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 62.  Nays, 1.  

14   Senator Krueger recorded in the negative.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   passes.

17                THE SECRETARY:   Calendar Number 

18   2071, substituted earlier by Member of the 

19   Assembly Weinstein, Assembly Print 8101, an act 

20   in relation to terms and conditions.

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 


                                                               5178

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 63.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   passes.

 6                THE SECRETARY:   Calendar Number 

 7   2072, by Senator Comrie, Senate Print 6497A, an 

 8   act authorizing.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   In relation to 

17   Calendar 2072, those recorded in the negative are 

18   Senators Akshar, Bonacic and Ortt.  Also Senator 

19   Ranzenhofer.  

20                Ayes, 59.  Nays, 4.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   passes.

23                THE SECRETARY:   Calendar Number 

24   2073, by Senator Alcantara, Senate Print 6513B, 

25   an act to amend the New York City Charter.


                                                               5179

 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, 62.  Nays, 1.  

 9   Senator DeFrancisco recorded in the negative.  

10                ACTING PRESIDENT GRIFFO:   The bill 

11   passes.

12                THE SECRETARY:   Calendar Number 

13   2074, substituted earlier by Member of the 

14   Assembly Jaffee, Assembly Print 8095, an act in 

15   relation to.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the 30th day.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 63.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               5180

 1                THE SECRETARY:   Calendar Number 

 2   2075, by Senator Ortt, Senate Print 6535, an act 

 3   to amend the Environmental Conservation Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 5.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Krueger to explain her vote.

13                SENATOR KRUEGER:   Thank you, 

14   Mr. President.

15                You know, sometimes we perhaps rush 

16   bills too fast.  This bill is written so broadly 

17   that it would provide for a $10,000 tax credit in 

18   any given year to any homeowner, business, 

19   not-for-profit or farm -- no definitions or 

20   parameters, no restrictions -- for preventive 

21   measures to prevent future flooding.

22                New York State has 7600 freshwater 

23   lakes, ponds and reservoirs, 70,000 miles of 

24   rivers and streams, almost 3,000 miles of 

25   coastline.  This bill could end up bankrupting 


                                                               5181

 1   the state.  

 2                Hurricane Sandy alone had 305,000 

 3   housing units in New York State damaged or 

 4   destroyed from flooding and 23,000 New York City 

 5   businesses impacted.  That one storm would cost 

 6   $3.3 billion, assuming everyone took the $10,000 

 7   tax credit.

 8                I'm not saying we don't have a lot 

 9   that we can do and need to do to respond to 

10   emergencies and crises.  But when you open up 

11   your tax code to let anyone and everyone be 

12   exempt from any and all taxes -- and over the 

13   last week or so, Mr. President, we've passed a 

14   pile of these bills.  Somebody has to stop and 

15   say, Who's going to pay the light bill?  Because 

16   I'm not sure there will be anything left in the 

17   state's treasury.

18                I vote no.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Krueger in the negative.

21                Announce the results.

22                THE SECRETARY:   Ayes, 62.  Nays, 1.  

23   Senator Krueger recorded in the negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   passes.


                                                               5182

 1                THE SECRETARY:   Calendar Number 

 2   2076, substituted earlier by Member of the 

 3   Assembly Bronson, Assembly Print 8107, an act to 

 4   amend the New York State Urban Development 

 5   Corporation Act.

 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, 63.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   2077, substituted earlier by Member of the 

18   Assembly Cahill, Assembly Print 8264, an act to 

19   amend Chapter 589 of the Laws of 2015.

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.


                                                               5183

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 63.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   passes.

 5                THE SECRETARY:   Calendar Number 

 6   2078, substituted earlier by Member of the 

 7   Assembly Gunther, Assembly Print 881A, an act to 

 8   amend the Education Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 62.  Nays, 1.  

17   Senator Latimer recorded in the negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   passes.

20                THE SECRETARY:   Calendar Number 

21   2079, by Senator Young, Senate Print 6627, an act 

22   to amend the Administrative Code of the City of 

23   New York.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               5184

 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:   In relation to 

 7   Calendar 2079, those recorded in the negative are 

 8   Senators Hamilton, Hoylman, Krueger and Squadron.  

 9                Ayes, 59.  Nays, 4.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   2080, substituted earlier by Member of the 

14   Assembly Skoufis, Assembly Print 3037B, an act to 

15   amend the Not-For-Profit 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, 63.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               5185

 1                THE SECRETARY:   Calendar Number 

 2   2081, by Senator Hannon, Senate Print 6654, an 

 3   act to repeal Section 19.

 4                ACTING PRESIDENT GRIFFO:   There is 

 5   a home-rule message at the desk.

 6                The Secretary will read the last 

 7   section.

 8                THE SECRETARY:   Section 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, 63.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.  

16                Calendar Number 2082 requires a 

17   home-rule message.  It's not available at this 

18   time, so the bill will be laid aside for the day.

19                The Secretary will read 2083.

20                THE SECRETARY:   Calendar Number 

21   2083, by Senator Hannon, Senate Print 6672, an 

22   act to amend the Public Health Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               5186

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 63.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   2084, by Senator Hannon, Senate Print 6673, an 

10   act to amend the Public Health 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, 63.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                THE SECRETARY:   Calendar Number 

22   2085, by Senator Ranzenhofer, Senate Print 6686, 

23   an act to amend the State Finance Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               5187

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the 180th day.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 63.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   2086, substituted earlier by Member of the 

11   Assembly Lupardo, Assembly Print 8161A, an act to 

12   amend the Economic Development Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  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, 63.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   2087, by Senator Jacobs, Senate Print 6696, an 

25   act to amend the Alcoholic Beverage Control Law.


                                                               5188

 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, 62.  Nays, 1.  

 9   Senator Díaz recorded in the negative.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   2088, by Senator Peralta, Senate Print 6703, an 

14   act authorizing.

15                ACTING PRESIDENT GRIFFO:   There is 

16   a home-rule message at the desk.

17                The Secretary will read the last 

18   section.

19                THE SECRETARY:   Section 7.  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, 63.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               5189

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   2089, by Senator Avella, Senate Print 6707, an 

 4   act to amend the New York State Urban Development 

 5   Corporation Act.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Ritchie.

 8                SENATOR RITCHIE:   Can we lay this 

 9   bill aside temporarily, please.

10                ACTING PRESIDENT GRIFFO:   Lay it 

11   aside temporarily.

12                THE SECRETARY:   Calendar Number 

13   2090, by Senator Golden, Senate Print 6712, an 

14   act to amend the Real Property Tax Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 5.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   In relation to 

23   Calendar 2090, those recorded in the negative are 

24   Senators Krueger, Rivera, Serrano and Squadron.

25                Ayes, 59.  Nays, 4.


                                                               5190

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   2091, by Senator Golden, Senate Print 6713, an 

 5   act to amend the Public Health Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 63.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   2092, by the Senate Committee on Rules, Senate 

18   Print 6717, an act to amend the County Law.

19                SENATOR SERRANO:   Lay it aside, 

20   please.

21                ACTING PRESIDENT GRIFFO:   Lay it 

22   aside.

23                THE SECRETARY:   Calendar Number 

24   2093, by Senator O'Mara, Senate Print 6718, an 

25   act to amend Chapter 672 of the Laws of 1993.


                                                               5191

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 63.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   2094, by Senator Serrano, Senate Print 6724, an 

13   act to authorize.

14                ACTING PRESIDENT GRIFFO:   A 

15   home-rule message is at the desk.  

16                Read the last section.

17                THE SECRETARY:   Section 7.  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, 63.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               5192

 1   2095, substituted earlier by Member of the 

 2   Assembly Gunther, Assembly Print 7688, an act to 

 3   amend Chapter 408 of the Laws of 1999.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Young to explain her vote.

13                SENATOR YOUNG:   Thank you, 

14   Mr. President.

15                This bill extends Kendra's Law until 

16   June 30, 2022.

17                Although this legislation is 

18   compelling and very much needed, I am 

19   disappointed that the Assembly would not consider 

20   making Kendra's Law permanent.

21                As you know, Kendra's Law actually 

22   is a statutory framework for people to receive 

23   assistant outpatient treatment in the community.  

24   This is a very rigorous process and actually gets 

25   people with severe mental illness the help that 


                                                               5193

 1   they need.  Studies have shown that it's reduced 

 2   homelessness, incarcerations, suicides and 

 3   violence.  And that's why we need to make sure 

 4   that this passes.  

 5                Unfortunately, Kendra's Law expires 

 6   in June of this year.  That's why we have to do 

 7   this.  I am still hopeful that the Assembly will 

 8   do the right thing and make Kendra's Law 

 9   permanent.  But in the meantime, it would be a 

10   tragedy if we did not extend it.  

11                So that's why I'm putting forward 

12   this bill.  And someday, someday we should make 

13   Kendra's Law permanent, just because it helps so 

14   many lives in so many positive ways.  So I'll be 

15   voting yes, Mr. President, and I urge my 

16   colleagues to join me.  

17                Thank you.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Young to be recorded in the affirmative.

20                Announce the results.

21                THE SECRETARY:   Ayes, 63.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   passes.

24                THE SECRETARY:   Calendar Number 

25   2096, by Senator Serino, Senate Print 6732, an 


                                                               5194

 1   act to amend the Social Services Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect April 1, 2018.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 63.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   2097, by Senator Croci, Senate Print 6734, an act 

14   to amend the Criminal Procedure Law.

15                ACTING PRESIDENT GRIFFO:   Can we 

16   have some order, please, in the house.

17                Read the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 62.  Nays, 1.  

24   Senator Hoylman recorded in the negative.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               5195

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   2098, substituted earlier by Member of the 

 4   Assembly Otis, Assembly Print 8286B, an act to 

 5   amend the Executive 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, 63.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   2009, by Senator Phillips, Senate Print 6740, an 

18   act to amend the Criminal Procedure 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.)


                                                               5196

 1                THE SECRETARY:   Ayes, 63.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   2100, by the Senate Committee on Rules, Senate 

 6   Print 6745, an act to amend Chapter 73 of the 

 7   Laws of 1940.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 62.  Nays, 1.  

16   Senator Rivera recorded in the negative.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   2101, by Senator Savino, Senate Print 6749, an 

21   act to amend the Election Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               5197

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 63.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   2102, by Senator Comrie, Senate Print 6751, an 

 9   act to 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, 63.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   2103, by Senator Valesky, Senate Print 6754, an 

22   act to amend the Canal Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 3.  This 


                                                               5198

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 63.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   2104, by Senator Golden, Senate Print 6755, 

10   Concurrent Resolution of the Senate and Assembly.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll on the concurrent resolution.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 63.

15                ACTING PRESIDENT GRIFFO:   The 

16   resolution is adopted.

17                THE SECRETARY:   Calendar Number 

18   2105, by Senator Griffo, Senate Print 6756, an 

19   act to amend the General Business Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 9.  This 

23   act shall take effect on the 180th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               5199

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 63.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   2106, by Senator Hannon, Senate Print 6759, an 

 7   act to amend the Public Health Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 9.  This 

11   act shall take effect on the 90th day.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 63.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   2107, by Senator Griffo, Senate Print 6762, an 

20   act to amend the Real Property Tax Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 5.  This 

24   act shall take effect January 1, 2018.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               5200

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 63.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   2108, by Senator Lanza, Senate Print 6764, an act 

 8   to amend the Criminal Procedure Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the 90th day.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 63.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   2109, by Senator Lanza, Senate Print 6769, an act 

21   to amend the Tax Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 4.  This 

25   act shall take effect immediately.


                                                               5201

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 63.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   2110, by Senator Hannon, Senate Print 6776, an 

 9   act to amend Chapter 54 of the Laws of 2016.

10                SENATOR GIANARIS:   Lay it aside.

11                ACTING PRESIDENT GRIFFO:   Lay it 

12   aside.

13                THE SECRETARY:   Calendar Number 

14   2111, by Senator Young, Senate Print 6779, an act 

15   to legalize, validate, ratify and confirm.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 63.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               5202

 1                THE SECRETARY:   Calendar Number 

 2   2112, by Senator LaValle, Senate Print 6780, an 

 3   act to amend the State Finance Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 63.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                Senator DeFrancisco, that completes 

15   the noncontroversial reading of the Supplemental 

16   Calendar 58A.  

17                However, we do have a substitution 

18   that we can make, without objection.

19                SENATOR DeFRANCISCO:   Well, then, 

20   why don't you do that.

21                ACTING PRESIDENT GRIFFO:   Okay.  

22   The Secretary will read.

23                THE SECRETARY:   Senator Avella 

24   moves to discharge, from the Committee on Rules, 

25   Assembly Bill Number 7636 and substitute it for 


                                                               5203

 1   the identical Senate Bill 6707, Third Reading 

 2   Calendar 2089.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   substitution is so ordered.

 5                The Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   2089, by Member of the Assembly Kim, Senate Print 

 8   7636, an act to amend the New York State Urban 

 9   Development Corporation Act.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the 90th day.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 63.  

18                ACTING PRESIDENT GRIFFO:   The bill 

19   passes.

20                Senator DeFrancisco, that completes 

21   the noncontroversial reading.

22                SENATOR DeFRANCISCO:   Could we take 

23   up the controversial reading of the calendar.

24                ACTING PRESIDENT GRIFFO:   The 

25   Secretary will ring the bell.


                                                               5204

 1                The Secretary will read.  

 2                SENATOR DeFRANCISCO:   One moment, 

 3   please.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   DeFrancisco.

 6                SENATOR DeFRANCISCO:   Can we take 

 7   up the controversial reading now, in order.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will take up the controversial reading, 

10   in order.  

11                And the bell has been rung, and the 

12   Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   2013, by Senator O'Mara, Senate Print 2823, an 

15   act to amend the Environmental Conservation Law.  

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 5.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT GRIFFO:   Will 

24   those in the negative please raise their hand.

25                SENATOR DeFRANCISCO:   Lay the bill 


                                                               5205

 1   aside for the day, please.

 2                ACTING PRESIDENT GRIFFO:   Lay the 

 3   bill aside for the day.  

 4                (Reaction from members.)

 5                SENATOR DeFRANCISCO:   If we could 

 6   take up the following bill on the controversial 

 7   reading next, 2092.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will read Calendar 2092.

10                THE SECRETARY:   Calendar Number 

11   2092, by the Senate Committee on Rules, Senate 

12   Print 6717, an act to amend the County Law.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Latimer.

15                SENATOR LATIMER:   Point of personal 

16   information, Mr. President.  Are we on the bill 

17   or are we explaining votes right now?  

18                ACTING PRESIDENT GRIFFO:   We are on 

19   the controversial reading of the calendar.  So 

20   you're on the bill if you choose to speak.

21                SENATOR LATIMER:   Thank you, 

22   Mr. President.  On the bill.

23                ACTING PRESIDENT GRIFFO:   But we 

24   would welcome you to explain your vote, if you so 

25   choose.


                                                               5206

 1                SENATOR LATIMER:   Thank you.  

 2                If we're on the bill, then I'll give 

 3   a little bit of background.  I'm in very strong 

 4   opposition to this.  And rather than try to 

 5   question Senator Rules, as my friend Senator 

 6   Squadron would say, I wanted to just lay out my 

 7   thinking on this.  

 8                I shared these thoughts previously 

 9   in this chamber.  And even if you already know 

10   how you vote, you ought to think about what I'm 

11   about to say.  

12                This is now the second time in this 

13   room that this Senate is reversing a decision 

14   that was made legally by a local government.  It 

15   was done earlier this year in a New York City 

16   bill, and I heard the rationale behind that bill.  

17   Now we are doing it again in Suffolk County.  

18                And at the time that we had that, I 

19   said we are asking now for every major policy 

20   issue that's controversial in any county, in any 

21   village, any town or any city, to come before 

22   this Senate and this Assembly for further 

23   discussion.

24                We know the governmental system 

25   allows for any individual who has standing to sue 


                                                               5207

 1   a local government decision on process through 

 2   Article 78, and it will go to an appellate court.  

 3   But now we've created a new appellate system.  

 4   And that appellate system is come to the State 

 5   Legislature, and if we don't like a particular 

 6   bill, for whatever the reason is, policy reason, 

 7   we will now, in the New York State Senate and the 

 8   New York State Assembly, we will consider 

 9   reversing a decision made by that local 

10   government.

11                What we have before us here is not a 

12   request from the local government with a 

13   home-rule bill.  For those of us who have to get 

14   home-rule bills, we got through a process to show 

15   that the local government asks for something that 

16   we vote for.  And I have stood here and voted for 

17   all kinds of extender bills from all across this 

18   state, in counties that I have probably never set 

19   foot in, because the local legislature of that 

20   county or the local city or the town or the 

21   village wants something, the Senator of that 

22   district says this is something that's important, 

23   and just out of principle of local rule, I vote 

24   for those bills, even if those bills involve 

25   things that can be used in a future campaign 


                                                               5208

 1   against me.

 2                However, what we have done in this 

 3   bill, or will do in this bill if we vote for it, 

 4   is we are now talking about authority that 

 5   already exists within the County of Suffolk, and 

 6   we are going to override that.  Suffolk does not 

 7   need a home-rule request to do what they did.  

 8   The bill that they passed was voted on by 13 to 

 9   4.  I don't represent Suffolk County.  I wasn't 

10   there for the votes, just like I wasn't there for 

11   the votes in Essex County when they decided they 

12   wanted to extend a hotel tax and I wasn't there 

13   in Niagara County when they voted to extend 

14   something as well.

15                However, in this particular case, 

16   Suffolk had a process.  And that process involved 

17   a negotiation that included the Food Industry 

18   Alliance, it involved environmentalists, and it 

19   had a bipartisan vote of 13 to 4 that passed this 

20   bill into law.

21                We are now, with this bill, going to 

22   reverse that if we vote in the majority.  So 

23   consider we set a precedent once, and now we're 

24   doubling down on that precedent.  And what we're 

25   saying is that if there is a local opposition to 


                                                               5209

 1   a bill, whether it has majority support or not in 

 2   opposition, we will consider legislation that 

 3   would reverse the decision made at a local 

 4   government.

 5                Let me go on to say that when you 

 6   create that new appellate court, you now send a 

 7   chilling message to every village, every town, 

 8   every city and every county in this state that 

 9   says you may elect your local officials in those 

10   places, but don't consider that the final word on 

11   it.  The final word will come only if the State 

12   Legislature chooses to make it the final word.  

13                And you undermine the principle of 

14   home rule and local government.  You tell people:  

15   Vote for your councilmembers, but they may not be 

16   the final word on something.  Because in this 

17   case, they already have the authority to make 

18   this decision, they've gone through a process and 

19   made this decision, but we in our infinite wisdom 

20   don't like that decision, and we've done that.

21                So consider what might happen in 

22   this chamber if a different philosophy was in 

23   majority.  Consider that.  Consider if the 

24   Village of Akron had a law in Erie County that a 

25   different majority in this chamber did not like 


                                                               5210

 1   and decided, under the same principle as this 

 2   vote, we are going to reverse what the Village of 

 3   Akron did.  Or the Village of Amityville in 

 4   Suffolk County, or the Village of Aurora in 

 5   Cayuga County, or the Town of Ashland in Chemung 

 6   County.  Or the same name, the Town of Ashland in 

 7   Greene County.  Or the Town of Afton in Chenango, 

 8   the Town of Amenia, in Dutchess County.  Or the 

 9   City of Amsterdam in Montgomery County.  And I'm 

10   only in the A's.  I could do local governments 

11   all the way down to Z.  

12                That's what we're doing today when 

13   we vote on this bill, knowing it's a one-house 

14   bill, it's going nowhere in the other house, it's 

15   not going to reverse the policy, but we're 

16   opening the door to a terrible precedent and 

17   we're doubling down on that precedent.  And that 

18   precedent is bring your problems to Albany if you 

19   can't get them resolved in Town Hall, in 

20   Village Hall, or in the County Office Building.

21                Now, we should not drive the train 

22   in this direction without clearly understanding 

23   what we're doing.  And you could argue that there 

24   was a case in the New York City case, and it was 

25   argued on this floor by those of you who said 


                                                               5211

 1   that the voices of one part of New York City 

 2   wasn't heard and the voices of another part of 

 3   New York City wasn't heard.  But now you're ready 

 4   to make that extension go further.  You have 

 5   three communities in Suffolk County that have 

 6   voted to ban these types of plastic bags.  I have 

 7   three communities in Westchester County, all in 

 8   my Senate district, that have also voted to ban 

 9   them.  But will that ban stand up if we decide at 

10   some future time to review that because somebody 

11   doesn't like it?

12                We are making a terrible mistake 

13   here, my friends.  We're opening the door to a 

14   terrible precedent.  Whatever the merit of this 

15   Suffolk bill is or isn't, it was decided by the 

16   duly elected officials of Suffolk County.  And 

17   all of -- most of us, many of us outside of 

18   New York, and some inside New York City, have 

19   served in those local positions, have served, as 

20   I have, as a councilman in my community, as a 

21   county legislator in my home county.  

22                And we are reversing that decision 

23   with this vote today.  And even if it doesn't 

24   pass in the other house, we are making a 

25   statement.  And it's a bad statement.  It's an 


                                                               5212

 1   undermining statement.  Think when you were town 

 2   supervisor, when you served on a school board or 

 3   a city council, or you were county executive of a 

 4   county, or you were a county legislator, what 

 5   we're doing here when we say we don't like the 

 6   content of this and we're going to flip it -- 

 7   that's what we're doing today.  That's what we're 

 8   doing today.

 9                I'm not here to filibuster.  I'm not 

10   here to tell you about my dog or other things 

11   that would stretch this thing out.  

12                (Laughter.)

13                SENATOR LATIMER:   I will say that I 

14   have two terrific dogs, Biscuit and Brandy, and I 

15   take no back seat to Senator Parker in admiration 

16   for my dogs.  And I think I have the skill set to 

17   go on all night also.  But I don't want to do 

18   that.  

19                I want you to hear my voice.  In the 

20   minority, I want you to hear my voice.  I want 

21   you to see that sometimes in this chamber it's 

22   not just about what you can do because you have 

23   the votes, but what you ought to do.  What you 

24   ought to do, and what you ought to refrain from 

25   doing.


                                                               5213

 1                I don't lecture, my friends.  I have 

 2   great respect for everybody in this chamber.  And 

 3   there are passionate issues that we get up and 

 4   speak about.  There are resolutions that we speak 

 5   about with great passion.  We all spoke about Ray 

 6   Hess earlier, and now those speeches have become 

 7   eulogies for Ray Hess.  I am probably more 

 8   passionate about this than half of the other 

 9   things I've ever gotten up to speak about.  

10                And when I think Senator Ranzenhofer 

11   has a good bill, darn it, I get up and say it.  I 

12   don't worry about the partisan lines.  When I 

13   think someone in the IDC has got a good bill, I 

14   sign onto it, because I don't let those things 

15   get in the way.  When I have a question for 

16   Senator Serino, I don't get up here and use this 

17   theater.  We talk about it and we try to come to 

18   some common agreement.

19                So when I tell you, as a member of 

20   the minority, consider what we're doing here, 

21   it's a bad precedent, I mean it.  

22                And I will retract my opportunity to 

23   speak.  When it comes time to vote, I will vote 

24   in the negative.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               5214

 1   Kaminsky.

 2                SENATOR KAMINSKY:   Will the sponsor 

 3   yield for some questions?

 4                SENATOR CROCI:   I am not the 

 5   sponsor, but I will take questions on the 

 6   legislation.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Croci will yield.

 9                SENATOR KAMINSKY:   Thank you.  

10   Through you, Mr. President.  

11                Can the sponsor please tell us 

12   whether he's reviewed the Suffolk bag bill and 

13   what is wrong with it?  

14                ACTING PRESIDENT GRIFFO:   You're 

15   addressing it to Senator Croci, Senator Kaminsky.

16                SENATOR KAMINSKY:   Senator Croci.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Croci.

19                SENATOR CROCI:   Yes, I have it in 

20   front of me, the resolution that was adopted by 

21   the Suffolk County Legislature.  

22                And the problem with it is that 

23   Article IX of the New York State Constitution, as 

24   enumerated, does not provide the County of 

25   Suffolk with the power to tax.  So that is within 


                                                               5215

 1   the province of this body and the Assembly.

 2                SENATOR KAMINSKY:   Through you, 

 3   Mr. President, will the sponsor yield for an 

 4   additional question?  

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Croci will yield, Senator Kaminsky.

 7                SENATOR KAMINSKY:   Senator Croci.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Croci.

10                SENATOR CROCI:   Yes, I do, for a 

11   question.

12                SENATOR KAMINSKY:   Thank you, 

13   Mr. President.  

14                Is it Senator Croci's position that 

15   there is no county in New York State that can 

16   pass such a rule or a law?

17                SENATOR CROCI:   It is my 

18   position -- it's not my position, it is the 

19   Constitution which says that a county does not 

20   have the power, in this instance and in these 

21   cases, to create a tax of this nature.

22                SENATOR KAMINSKY:   Will Senator 

23   Croci yield for some additional questions?  

24                SENATOR CROCI:   I yield.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               5216

 1   Croci yields.

 2                SENATOR KAMINSKY:   Through you, 

 3   Mr. President.  Senator Croci, do you believe 

 4   that plastic bags are an environmental hazard?  

 5                SENATOR CROCI:   I do.

 6                SENATOR KAMINSKY:   Will Senator 

 7   Croci yield for an additional question.

 8                ACTING PRESIDENT GRIFFO:   Senator, 

 9   do you yield?  

10                SENATOR CROCI:   I will.

11                ACTING PRESIDENT GRIFFO:   The 

12   Senator yields.

13                SENATOR KAMINSKY:   Does Senator 

14   Croci or his colleagues have a plan to deal with 

15   such environmental hazards?  

16                SENATOR CROCI:   I'll respond, while 

17   it's irrelevant to this specific bill, I would 

18   say that we have proposed and I certainly have 

19   been vocal, even as a town supervisor, in 

20   ensuring that instead of punishing the population 

21   that uses these bags on their way home from work, 

22   to grab something quick to make dinner, our 

23   senior citizens who rely on these, people who 

24   utilize these, the merchants who like providing 

25   them as a convenience, that we should institute a 


                                                               5217

 1   refund.  

 2                I remember, as a young man, cans and 

 3   bottles all over the place until the 5-cent or 

 4   the 10-cent refunds were implemented, and they 

 5   disappeared from our landfills and they 

 6   disappeared from our parks because there was an 

 7   incentive to take those and bring them back or 

 8   refund them.

 9                In addition, I would add that we 

10   have a program in the State of New York, under 

11   our Environmental Conservation Law, which 

12   requires our merchants to have receptacles 

13   prominently displayed for the return of these 

14   plastic bags.  The program is still ongoing; we 

15   haven't really seen the effect of it yet.  

16                And then there's a Governor's bag 

17   commission, his task force which he's just 

18   implemented, which is designed to go statewide 

19   and look at this problem so we don't have 

20   disparate laws throughout the state and different 

21   municipalities.

22                That is something I think we should 

23   wait for.  Certainly you ask, Senator -- through 

24   you, Mr. President, the Senator asked if we have 

25   a plan.  Well, I think the Governor's task force 


                                                               5218

 1   is going to come up with several recommendations.

 2                SENATOR KAMINSKY:   Will Senator 

 3   Croci continue to yield? 

 4                SENATOR CROCI:   I will yield for a 

 5   question, yes.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Senator yields.

 8                SENATOR KAMINSKY:   Through you, 

 9   Mr. President.  But at this time there is no 

10   Senate majority or otherwise -- or other 

11   conference bill that you know of that would 

12   address the plastic bag issue like Suffolk is 

13   trying to address?

14                SENATOR CROCI:   Through you, 

15   Mr. President, I'm not aware of a specific bag 

16   bill that's proposed by any member.  And I would 

17   say that I would be dubious of that, particularly 

18   if it's being proposed and implemented on a 

19   municipality at this time.  

20                I think that we should wait for not 

21   only the existing program that's in effect that 

22   requires a receptacle, I think we should also 

23   look very carefully at the recommendations of the 

24   task force that the Governor has recently 

25   commissioned.


                                                               5219

 1                SENATOR KAMINSKY:   Thank you.  

 2                On the bill, Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Kaminsky on the bill.

 5                SENATOR KAMINSKY:   I thank Senator 

 6   Croci for stepping up and answering these 

 7   important questions.  

 8                Look, I think at this time we have 

 9   very few hours to do very precious work.  And I 

10   don't think this is very constructive.  We have a 

11   real problem involving plastic bags that we're 

12   not actually taking -- look, we could argue the 

13   merits of this bill, whether it's a tax, whether 

14   it's a fee, how much plastic ends up in our 

15   landfills.  

16                Senator Latimer raised a really 

17   important argument about -- I want to call it 

18   federalism, but it's kind of the state version of 

19   federalism in terms of who has power at what 

20   level.  These are all critical questions.  But 

21   the point is I -- like I can't believe we're 

22   doing this.  We have like a few hours to go, we 

23   have a lot of problems throughout our state from 

24   top to bottom, and yet we've got a one-house bill 

25   to tell Suffolk, that already passed a law by at 


                                                               5220

 1   tremendous majority, that they shouldn't be able 

 2   to be doing this.

 3                I'd much rather spend this time 

 4   figuring out how we're going to solve the plastic 

 5   bag issue, working with people across the aisle 

 6   to get them out of our waterways and our 

 7   landfills.  And I think we could do a lot better 

 8   than this.  

 9                I do understand that when people 

10   complain about having to pay the fees, as they do 

11   in my hometown of Long Beach where I live -- I've 

12   seen both people celebrate this thing and I've 

13   seen people spit on the floor at grocery stores 

14   when they have to pay this fee.  These are all 

15   great things that we could debate.  But I really 

16   don't think this is productive.  I frankly think 

17   that's why no one wants to attach their name to 

18   this.  

19                I am not surprised that Senator 

20   Croci stepped up and took this.  He's somebody 

21   who serves, and he does his duty, and I 

22   appreciate that.  But we could do better, and 

23   that's why I'm going to be voting against this 

24   bill.  And I thank you for your time, 

25   Mr. President, and Senator Croci as well.  


                                                               5221

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Hoylman.

 3                SENATOR HOYLMAN:   Thank you, 

 4   Mr. President.  

 5                Would the sponsor yield to a few 

 6   questions?  

 7                ACTING PRESIDENT GRIFFO:   Are you 

 8   asking Senator Croci to yield?  

 9                SENATOR HOYLMAN:   I'm asking you 

10   to --

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Croci has stood forward before.

13                SENATOR HOYLMAN:   Oh, the sponsor, 

14   I'm sorry.  And I -- that was totally -- so who 

15   do I ask?  

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Croci.

18                SENATOR CROCI:   While I'm not the 

19   sponsor of this legislation --

20                SENATOR HOYLMAN:   I'm sorry, that 

21   was --

22                SENATOR CROCI:   -- I'd be happy to 

23   take a question from my colleague.

24                SENATOR HOYLMAN:   Thank you.  It is 

25   confusing, you have to admit.  Thank you.


                                                               5222

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Hoylman, please direct to the chair.

 3                SENATOR HOYLMAN:   Yes, that's what 

 4   I was doing.  And I'll continue to do so, 

 5   Mr. President.

 6                So the -- what do I call you?  

 7                (Laughter.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Croci.

10                SENATOR HOYLMAN:   Thank you.  

11   Senator Croci.  It's Senator Croci.  Through you, 

12   Mr. President --

13                SENATOR CROCI:   Mr. President, if I 

14   were to reveal myself as Senator Rules, 

15   Senator Squadron's head would explode.  So I 

16   don't want to do that.  

17                (Laughter.)

18                SENATOR CROCI:   Sorry.

19                SENATOR HOYLMAN:   Through you, 

20   Mr. President.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Croci yields.

23                SENATOR HOYLMAN:   Senator Croci 

24   says that one of the justifications for this bill 

25   is that the current Suffolk law does not comply 


                                                               5223

 1   with the State Constitution.  Is that correct?

 2                SENATOR CROCI:   What I have said, 

 3   Mr. President, is that the County of Suffolk, 

 4   like the Town of Islip, of which I was 

 5   supervisor, does not have the power to tax under 

 6   Article IX of our Constitution, and they did not 

 7   have the power to implement this tax.  That is my 

 8   contention.  

 9                I think it's established state law 

10   as well.

11                SENATOR HOYLMAN:   Through you, 

12   Mr. President, would Senator Croci continue to 

13   yield.

14                SENATOR CROCI:   I yield for a 

15   question.

16                ACTING PRESIDENT GRIFFO:   The 

17   Senator yields.

18                SENATOR HOYLMAN:   Through you.  

19   Isn't it correct, Senator Croci, that the 

20   five-cent fee, slash, tax actually goes to the 

21   retailer, not to the County of Suffolk or any 

22   other government entity?

23                SENATOR CROCI:   Under this county 

24   resolution, that is correct.  But it doesn't 

25   matter, because it is compulsory, and therefore I 


                                                               5224

 1   would think any reasonable review of it would be 

 2   considered a tax.

 3                SENATOR HOYLMAN:   Would the sponsor 

 4   continue to -- Senator Croci continue to yield?  

 5                SENATOR CROCI:   I yield for a 

 6   question, yes.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Senator yields.

 9                SENATOR HOYLMAN:   Does Senator 

10   Croci know that the difference between a tax and 

11   a fee is that taxes go to government, taxes go to 

12   the commonweal, taxes go to the public, not in 

13   the pockets of retailers?  

14                So this can't be considered a tax, 

15   it doesn't fall under the definition of tax.  

16   Maybe in your shorthand assessment it's a tax, 

17   but by law, Suffolk County has imposed a fee.  Do 

18   you disagree?

19                SENATOR CROCI:   Mr. President, 

20   through you.  A fee is something that you 

21   administer in exchange for a service.  The County 

22   of Suffolk, in this case, is not providing any 

23   service for the payment of this fee.  If it, in 

24   your contention -- Senator Hoylman's continuation 

25   is a fee, they're not providing any service.  


                                                               5225

 1   That would be a fee.  So it is a tax.

 2                SENATOR HOYLMAN:   Would the Senator 

 3   continue to yield.

 4                SENATOR CROCI:   I yield for a 

 5   question, yes.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Senator yields.

 8                SENATOR HOYLMAN:   I disagree.  I 

 9   think that any imposition of a fee that goes to 

10   the commonweal, goes to the government, under 

11   New York statute is called a tax.

12                But I'll leave that for now and come 

13   back to your question about -- your assertion 

14   that Suffolk isn't providing a service.  I would 

15   agree that it is.  It's a fee that, while going 

16   to the retailers, will reduce plastic bag waste, 

17   which we have determined -- and more importantly, 

18   Suffolk County has determined -- is a scourge to 

19   their population and damaging to the environment.

20                But I want to ask you about the 

21   statewide plastic bag task force that Governor 

22   Cuomo created.  Is the Senate majority 

23   represented on that task force?

24                SENATOR CROCI:   So Mr. President, 

25   through you, my understanding is we are 


                                                               5226

 1   represented on that task force.  

 2                But again, that's irrelevant to the 

 3   bill at hand in Suffolk County, because in the 

 4   Suffolk resolution itself they say that if there 

 5   is superseding legislation by the State of 

 6   New York, that they will revisit this resolution.

 7                Mr. President, I have -- at the 

 8   local level, as a former supervisor who operated 

 9   and helped shut down our remaining landfills, I 

10   was eager to find a solution for the plastic bag 

11   issue.  One of the solutions that no one wants to 

12   discuss is our waste-to-energy facility in Islip, 

13   which could take these, turn them into power, and 

14   then we sell that power back to the grid.  That 

15   was one of the solutions.  

16                Another solution is to create a 

17   refund for these bags.  I guarantee you, like 

18   plastic bottles and cans and glass bottles, they 

19   will disappear from the remaining landfills, they 

20   will disappear from our streets.  

21                I'm a fisherman, I'm a boating 

22   enthusiast.  In the summertime when I get out on 

23   the water, I don't want to see a plastic bag in 

24   that water.  I don't want to see a drinking straw 

25   in that water.  


                                                               5227

 1                But the contention here is that the 

 2   county should have the right to impose a tax.  

 3   And as a home-rule guy myself and as a former 

 4   local elected municipal executive, I can tell you 

 5   I didn't like when the state told me what to do.  

 6   But I could not impose a tax as the town 

 7   supervisor, neither can a county, neither can a 

 8   village.

 9                SENATOR HOYLMAN:   Would the Senator 

10   continue to yield.

11                SENATOR CROCI:   I yield for a 

12   question.  Yes, I do.

13                ACTING PRESIDENT GRIFFO:   The 

14   Senator yields.

15                SENATOR HOYLMAN:   Thank you.  

16                Does the Senator know when -- and 

17   actually, I do not know the answer to this.  Does 

18   the Senator know when the Suffolk County bag fee 

19   bill goes into effect?  

20                SENATOR CROCI:   Next year.

21                SENATOR HOYLMAN:   Would the Senator 

22   continue to yield.

23                ACTING PRESIDENT GRIFFO:   Does the 

24   senator yield?  

25                SENATOR CROCI:   Yes, I yield for a 


                                                               5228

 1   question.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Croci yields.

 4                SENATOR HOYLMAN:   Since the bag fee 

 5   law from Suffolk County doesn't go into effect 

 6   until next year, wouldn't it be more prudent to 

 7   wait for the Governor's task force on plastic 

 8   bags, of which the Senator says the majority is 

 9   represented, to actually convene, discuss this 

10   issues, and determine whether we should in fact 

11   bring forward state legislation to invalidate a 

12   local law?

13                SENATOR CROCI:   Mr. President, he 

14   had me right up until the last four words.  

15                Yes, we should wait for the 

16   Governor's task force to make its recommendations 

17   before we decide to, I believe, abrogate our 

18   responsibility and allow legislatures outside of 

19   the State Legislature to impose a tax.  

20                I believe, and I believe there's a 

21   reasonable reading, that this is a tax and not a 

22   fee.  And I'll leave it at that.  But you had me 

23   right up until that last portion, because I do 

24   believe that we should wait before we start 

25   changing the policies in Albany.


                                                               5229

 1                SENATOR HOYLMAN:   On the bill, 

 2   Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Hoylman on the bill.

 5                SENATOR HOYLMAN:   Thank you to the 

 6   Senator for his responses.  

 7                There's clearly a difference of 

 8   philosophy, as my colleagues preceding me have 

 9   pointed out.  Not only do we disagree with the 

10   plain-language definition of tax, which is black 

11   and white in our statute, but we also seem to 

12   disagree on local control and disagree as to 

13   whether the Senate should nullify local attempts 

14   at improving our environment.

15                I really find it quite breathtaking 

16   that as we watch what is happening in Washington 

17   with the federal administration withdrawing our 

18   country out of the Paris climate accord, that the 

19   response in Albany is to double down on that and 

20   to begin to chip away at local laws that are 

21   meant to improve our environment, reduce plastic 

22   waste, reduce the production of fossil fuels, 

23   lessen carbon dioxide emissions, and clean our 

24   air for future generations.  These are all linked 

25   to each other.  


                                                               5230

 1                And I am distressed, sorely 

 2   distressed, that our response is today's bill, 

 3   which we know is a one-house wonder but 

 4   apparently will serve as a good press release 

 5   back home.

 6                So all due respect to my colleague 

 7   who spoke on the bill, I couldn't agree more with 

 8   Senators Kaminsky and Latimer that we are making 

 9   a grave mistake by nullifying local efforts to 

10   improve our environment for future generations, 

11   to combat climate change, to lessen dependence on 

12   fossil fuels, and to resist the worst 

13   anti-environmental agenda in history coming from 

14   the White House.  

15                I vote nay, Mr. President.

16                ACTING PRESIDENT GRIFFO:   Hearing 

17   and seeing no other Senator wishing to be heard, 

18   the debate is closed.  

19                The Secretary will ring the bell.

20                Senator DeFrancisco, why do you 

21   rise?

22                SENATOR DeFRANCISCO:   While we're 

23   waiting, I don't know if we could deal with a 

24   couple of other bills here and make an 

25   announcement.


                                                               5231

 1                ACTING PRESIDENT GRIFFO:   Sure.  

 2   Sure.

 3                SENATOR YOUNG:   (Inaudible.)

 4                ACTING PRESIDENT GRIFFO:   We just 

 5   called the vote, Senator Young, so we're waiting 

 6   for members to come into the chamber.  So as we 

 7   wait for members to come into the chamber, 

 8   Senator DeFrancisco would like to entertain some 

 9   other --

10                SENATOR DeFRANCISCO:   Well, she 

11   wants to explain her vote or whatever.

12                SENATOR YOUNG:   No, I wanted to 

13   speak on the bill.

14                ACTING PRESIDENT GRIFFO:   Oh, on 

15   the bill.  I'm sorry --

16                SENATOR DeFRANCISCO:   Could we -- 

17   could I excuse myself and allow the debate to 

18   continue while the food is getting cold.

19                ACTING PRESIDENT GRIFFO:   Okay, so 

20   we will reopen debate, without objection.  

21                Senator Young on the bill.

22                SENATOR YOUNG:   Thank you, 

23   Mr. President.  And I just felt the need to say a 

24   few things on this particular piece of 

25   legislation.  


                                                               5232

 1                First of all, I commend Senator 

 2   Croci for debating the bill.  But I have to say I 

 3   listened intently to my colleagues from the other 

 4   side of the aisle.  Senator Latimer was 

 5   passionate about local control regarding this 

 6   bill.  

 7                Now, this bill was actually authored 

 8   by legislator Dr. William Spencer, Democrat from 

 9   Centerport.  In an article that I just read in 

10   the Long Island media, he noted that the county 

11   would need New York State approval to keep the 

12   fee and signaled that he would lobby the State 

13   Legislature for that authorization.  

14                So Senator Croci, to your point, 

15   even the author of this bill in Suffolk County 

16   admitted that it needed state approval to move 

17   forward.  So I'd like to correct my colleague who 

18   said that -- and there are several that said that 

19   the local government had the authority to do 

20   that.

21                Senator Kaminsky talked about the 

22   fact that there's a problem with plastic bags.  

23   However, this tax is not just on plastic bags, 

24   it's on paper bags also.  

25                And so what I've read from comments, 


                                                               5233

 1   again, online by people who would actually have 

 2   to suffer under this tax, what they're saying is 

 3   this hurts senior citizens, Long Island already 

 4   is unaffordable, it increases the burden and it's 

 5   emblematic of what happens in New York State 

 6   where people are taxed to death.  Our side of the 

 7   aisle wants to change that.  We've been working 

 8   to cut taxes.  

 9                And finally, Senator Hoylman talked 

10   about the fact that this is not a tax or a fee.  

11   I would note that it's something that people have 

12   to pay for a service every time that they go to 

13   the store.  On top of it, the county would reap 

14   benefits from this because there's a $500 fine 

15   associated with this if a retailer does not 

16   comply.

17                This is anti-small business, this is 

18   anti-consumer, anti-senior citizen.  We need to 

19   do everything we can to make New York State a 

20   more affordable place to live and work.  This 

21   particular piece of legislation that we're 

22   passing today is a very important statement 

23   because we're putting our foot down and saying 

24   enough is enough, on behalf of the consumers and 

25   the taxpayers in New York State.


                                                               5234

 1                Thank you.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Díaz.

 4                SENATOR DÍAZ:   Thank you, 

 5   Mr. President.

 6                Mr. President, would Senator Ortt 

 7   allow me to ask him a question or two?  

 8                ACTING PRESIDENT GRIFFO:   Are you 

 9   asking Senator Croci?  

10                SENATOR DÍAZ:   Senator Croci, yes.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Croci, do you yield to a question?  

13                SENATOR CROCI:   I absolutely do.

14                SENATOR DÍAZ:   Thank you.

15                Senator Croci, I heard my colleagues 

16   comparing a tax and a fee.  If a senior citizen 

17   who doesn't have money to pay the bills, who 

18   doesn't have money to buy medicine, scratching to 

19   survive, if they go to a store and they have to 

20   pay for each plastic bag five cents, two, 

21   10 cents, three, 15 cents, would -- for that 

22   senior citizen, would it make a difference if 

23   it's a tax or a fee?

24                SENATOR CROCI:   Mr. President, 

25   through you.  No, Senator, that senior citizen is 


                                                               5235

 1   still going to be paying that tax or fee, 

 2   whatever you choose to call it.  And if the 

 3   merchant wanted to give that individual a break, 

 4   they would be fined for not charging the fee or 

 5   the tax, whatever you prefer to call it.

 6                SENATOR DÍAZ:   Mr. President, would 

 7   Senator Croci --

 8                SENATOR CROCI:   I yield for a 

 9   question, yes.

10                ACTING PRESIDENT GRIFFO:   The 

11   Senator yields.

12                SENATOR DÍAZ:   I remember when that 

13   bill came from the city here, the same bill, more 

14   like the same bill, and I was really passionate 

15   against the bill because of the protection of 

16   senior citizens and people who don't have money, 

17   don't have the resources to pay -- I understand 

18   that we have to clean the environment.  

19                But let me ask you, when that bill 

20   came here from the City of New York, did you vote 

21   in favor or against that bill?

22                SENATOR CROCI:   Mr. President, 

23   through you, I voted against -- I voted against 

24   the bag tax in New York City as well.

25                SENATOR DÍAZ:   Mr. President, on 


                                                               5236

 1   the bill.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Díaz on the bill.

 4                SENATOR DÍAZ:   I, for one, am 

 5   always trying to protect and be sure that senior 

 6   citizens are protected, and the needy.  I 

 7   represent a very poor neighborhood, a very, very 

 8   poor neighborhood.  

 9                I understand that we need to clean 

10   the environment.  I understand that things have 

11   to be done.  But if every time that we want to 

12   clean the environment, we have to punish the poor 

13   people, the people that -- the needy ones, senior 

14   citizens, people getting welfare that they don't 

15   even have money to buy their food, people that 

16   are struggling to send their children to 

17   school -- and I'm always asked why do we have to 

18   put those people to pay for it.

19                Again, I'm saying we have to clean 

20   the environment, but to punish the needy, to 

21   punish the senior citizens and to have them pay a 

22   tax, if you to call it, or a fee, if you want to 

23   call it -- it doesn't make a difference.  It does 

24   not make a difference for a senior citizen, for a 

25   needy person.  It doesn't make a difference if it 


                                                               5237

 1   is a tax or if it is a fee.  They have to pull it 

 2   from their pocket.  Sometimes they don't even 

 3   have money to buy their food, to buy their 

 4   medicine.  They have to choose, they have to 

 5   decide if they're going to buy their medicine, if 

 6   they're going to buy food or if they pay their 

 7   utilities or if they pay their rent, they have to 

 8   decide.

 9                I mean, you've got to live in one of 

10   those neighborhoods.  You've got to live there, 

11   you've got to see the people.  In my office, my 

12   office, we have 40, 50, 60 people daily there.  

13   In my community, we are not legislators, we are 

14   social workers.  We're not legislators, we're 

15   social workers, because we've got to -- the 

16   people that we're dealing with, they really, 

17   really are people that are scratching to -- 

18   scratching for pennies to live.  

19                And to come here and say that we are 

20   protecting them and to force them to pay 5 cents 

21   for plastic bags -- let it be in the City of 

22   New York, let it be in Suffolk County, in any 

23   part of the state, to come here and say that 

24   we're protecting senior citizens, that we're 

25   protecting the needy, that we're protecting those 


                                                               5238

 1   people that really need our protection, and come 

 2   here to impose on them to pay 5 cents per plastic 

 3   bag -- too hard for me to swallow.  I am in 

 4   support of that bill, Mr. President.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Squadron.

 7                SENATOR SQUADRON:   Thank you, 

 8   Mr. President.

 9                And I would like to associate myself 

10   with Senators Latimer and Kaminsky and Hoylman on 

11   this issue.

12                I do want to thank Senator Croci for 

13   standing up and defending this bill, since he is 

14   not the sponsor of it, and also for trying to 

15   protect Senator Rules.  But I'm not going to let 

16   you do it, Senator, I'm not going to let you take 

17   the fall for that Senator.

18                But it is a real issue.  We're 

19   talking about a bill that nullifies or overrides 

20   a local action.  We're talking about an issue 

21   where again and again, seemingly, the state is 

22   coming in and believing that its wisdom is 

23   greater than the wisdom of localities on this 

24   issue.  

25                And we're talking about a moment 


                                                               5239

 1   where the biggest locality in the State of 

 2   New York desperately needs reauthorization of the 

 3   governance system for the 1.1 million schoolkids 

 4   in the largest school system in America, needs a 

 5   number of other policies, and we can't get a vote 

 6   on those, all at the same time that this bill 

 7   doesn't have a name on it, isn't owned by anyone.

 8                So again, Senator Croci, to his 

 9   credit, stood up and defended the bill.  I 

10   disagree with his contention about whether this 

11   is a fee or not.  I think it's clearly a fee and 

12   clearly something localities should be able to 

13   do.

14                But we really shouldn't be looking 

15   at bills like this.  In this case we're not just 

16   taking on an issue without accountability in this 

17   house, we're actually overriding an entire 

18   elected body, an entire other branch or level of 

19   government in our state, and doing it with a bill 

20   sponsored by a Senator who doesn't exist.  

21                It's really -- it's not a good 

22   practice, either on the merits or on the process.  

23   I would urge our house not to do it anymore.  And 

24   I would urge a member to stand up and put their 

25   name on this bill, much as Senator Croci stood up 


                                                               5240

 1   and did defend his take on the merits of the 

 2   bill.  

 3                I'll be voting no.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Latimer.

 6                SENATOR LATIMER:   Thank you, 

 7   Mr. President.  

 8                I rise for a second time only to 

 9   clarify some of what my colleagues believe to be 

10   true about what is a tax and what is a fee.  

11                My understanding is that a tax is a 

12   broad-based levy that applies to everybody within 

13   a category, and a fee is something that you pay 

14   for a specific activity or service.

15                When we say a tax or a fee, there's 

16   no difference, if that's our new definition of a 

17   tax, then any of our municipal recreation 

18   departments that charge a person for renting a 

19   ball field to play a game, that's not a fee, 

20   that's a tax, and that requires special 

21   legislation to allow them to do that.  Doesn't 

22   it, if you follow the logic?  

23                If the logic is that a fee is a tax, 

24   and then if you have a fee to get a building 

25   permit -- wait a minute, that's not automatically 


                                                               5241

 1   the authority of a village or a town or a city to 

 2   levy if it's a tax, if fees are taxes.  

 3                Not everybody needs a building 

 4   permit.  Not everybody rents a ball field.  You 

 5   use that service and pay a fee when you consume 

 6   that service.

 7                If I go into a grocery store in my 

 8   home community, which has a ban on plastic bags, 

 9   I never pay the fee because I never get a plastic 

10   bag because there's only paper bags available to 

11   me in the community that I live in.  

12                When we say verbally that a tax is a 

13   fee, we are setting public policy, we are not 

14   stating a fact.  

15                And if it is true, as one of the 

16   Senators commented, that this is an 

17   unconstitutional action, then the easiest way to 

18   resolve this is not with a one-house bill, it's 

19   an Article 78 action.  We're all familiar with 

20   that.  You go to court.  You go before a State 

21   Supreme Court judge, and you make the case that 

22   Suffolk acted outside of their authority.  And a 

23   judge will decide, outside of the world of 

24   politics, whether or not the reading of the law 

25   says that the imposition of this law was in fact 


                                                               5242

 1   a tax that they were not authorized to do, it 

 2   kicks it back to the county, and then the county 

 3   would have to come for home-rule legislation 

 4   through the state to do what they want to do.

 5                But that's not what we're doing 

 6   today.  We're reversing a decision made below.

 7                As far as the concern about people 

 8   who are poor, I grew up in one of those 

 9   neighborhoods that you reference.  And in that 

10   poor neighborhood, my mom and dad scratched 

11   together two nickels to make a dime, and we paid 

12   for those things that we absolutely had to pay 

13   for.  I understand that life.  And I understand 

14   that there are people in my district, one of the 

15   wealthy districts in the state, that are just as 

16   poor as people in other parts of the state.  

17                But if the concept is that a person 

18   can't afford to pay for something and therefore 

19   it ought to be free, then we have a whole other 

20   set of policies to do here, don't we?  There are 

21   a host of different things that we charge for as 

22   governments, local and state governments, we 

23   ought not to charge for at all because people 

24   can't afford to pay -- senior citizen people, on 

25   limited income.  And I'm more than happy to have 


                                                               5243

 1   those conversations, because I think that in 

 2   general, means to pay should be the driving 

 3   force, not absolute cost of something to pay.

 4                But let me just restate my position.  

 5   It is at differing agreements with other people 

 6   in this room.  I do not believe that a tax is a 

 7   fee.  A fee is something you pay when you have a 

 8   certain service or activity.  It is not levied to 

 9   everybody.  An income tax is levied to everybody.  

10   A property tax is levied to all property unless 

11   that property is exempt from taxes by the law 

12   that creates it.  A mortgage recording tax, a 

13   hotel tax is a tax.  A fee to use a recreational 

14   facility is based on your use of the product or 

15   the service, not based on a broad-based levy.  

16                So in my understanding of it, a tax 

17   is not a fee.  This is a fee when you use a 

18   plastic bag.  You don't have to use a plastic 

19   bag.  You can use a paper bag.  It may not be as 

20   convenient for you, or you can bring a cloth bag.  

21                So I think we're wrong to say a tax 

22   is a fee.  I think we're wrong to assert, as 

23   constitutional lawyers -- which I am not -- that 

24   this is automatically unconstitutional.  Let an 

25   Article 78 action determine the constitutionality 


                                                               5244

 1   or lack of constitutionality of it, and then it 

 2   will kick it back to the county if it isn't 

 3   constitutional, and then we will see it as a 

 4   home-rule bill.  

 5                I stand on my original comments.  We 

 6   are overriding a local decision because we think 

 7   we don't like the policy.  That's what we're 

 8   doing.  We have a rationale for why we don't like 

 9   the policy, but it doesn't hold up under 

10   scrutiny.  A tax is not a fee, and it is not 

11   automatically unconstitutional because any one or 

12   two or ten of us think it's unconstitutional.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Díaz, why do you rise?

15                SENATOR DÍAZ:   Would Senator 

16   Latimer stand for a question?

17                SENATOR LATIMER:   Yes, I will, 

18   Senator, sure. 

19                ACTING PRESIDENT GRIFFO:   May I 

20   remind both speakers this is your second time 

21   rising on the bill, so that's it. 

22                Senator Díaz.

23                SENATOR DÍAZ:   No, I just want a 

24   clarification.  

25                When you were speaking, Senator, you 


                                                               5245

 1   said something about -- that I didn't quite 

 2   understand.  Just something that if people 

 3   doesn't -- if we don't do this because they 

 4   don't -- because for those that don't pay, that 

 5   cannot afford to pay, something like you say.  I 

 6   don't know if you remember it.

 7                SENATOR LATIMER:   Well, I didn't 

 8   reference you personally.

 9                SENATOR DÍAZ:   No, no.  For people.

10                SENATOR LATIMER:   What I said 

11   was is that if the concern over this fee is the 

12   inability of somebody to pay it, their wealth or 

13   lack of wealth, then that triggers a host of 

14   other policy decisions where the state, the 

15   county, the local governments charge for services 

16   that perhaps we should not charge for.  

17                A person needs mass transit.  In 

18   principle, if I take what you said correctly, a 

19   person who is poor who needs to move about should 

20   in theory have free transportation in order to 

21   get to school and work.  We charge them a fee, 

22   called a transit fare, because we need somebody 

23   to sponsor the thing.  

24                But that was the philosophy that I 

25   referenced.


                                                               5246

 1                SENATOR DÍAZ:   Through you, would 

 2   Senator Latimer allow me one more question?  

 3                ACTING PRESIDENT GRIFFO:   Would you 

 4   allow him one more question?

 5                SENATOR LATIMER:   Absolutely.

 6                SENATOR DÍAZ:   Are you in favor of 

 7   the DREAM Act to give money to people that cannot 

 8   afford to pay?  

 9                SENATOR LATIMER:   Yes.  Yes, I 

10   supported DREAM Act --

11                ACTING PRESIDENT GRIFFO:   Through 

12   the chair, Senator Latimer, please.

13                SENATOR DÍAZ:   No, I'm trying to --

14                ACTING PRESIDENT GRIFFO:   Right, 

15   you're asking him a question, but we're still 

16   going to direct through the chair.  You asked him 

17   to yield for a final question, asked the final 

18   question, and I'm allowing him to answer through 

19   the chair.

20                SENATOR DÍAZ:   Yeah, Mr. Chairman.  

21   If we don't do things because people cannot pay, 

22   then what about the DREAM Act?  That's what I'm 

23   trying to --

24                SENATOR LATIMER:   I support the 

25   DREAM Act.  It's not a question to me, so I'm 


                                                               5247

 1   good.

 2                ACTING PRESIDENT GRIFFO:   Seeing 

 3   and hearing no other Senator that wishes to be 

 4   heard, the debate is closed.  

 5                The Secretary will ring the bell.

 6                The Secretary will read the last 

 7   section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   The 

11   Secretary will call the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Flanagan.

15                SENATOR FLANAGAN:   Thank you, 

16   Mr. President.

17                I would like to apologize, because 

18   it hurts my feelings and I know it's unproductive 

19   if Senator Squadron doesn't have the right person 

20   to speak to.

21                Senator Croci did an outstanding job 

22   on behalf of this piece of legislation.  But I 

23   don't want anyone to labor under any 

24   misimpression:  I'm the one that asked for this 

25   bill.  So I'm here because I was trying to do 


                                                               5248

 1   stuff to end session, but I wanted to come in 

 2   here to make sure that you, Senator Squadron, 

 3   felt better that if anyone was going to be 

 4   maligned, you could do it to me directly.

 5                Now having said that, you know, when 

 6   we had this -- I recall very vividly listening to 

 7   our colleague who was so incredibly eloquent, 

 8   Senator Felder, when we were dealing with this 

 9   issue with the City of New York.  I actually 

10   listened to the debate, and I think about this 

11   from a consumer standpoint and I listened to Tom 

12   Croci talk about being a boater and an 

13   environmentalist in many ways.  We all care about 

14   the environment.  

15                We view this as a tax, plain and 

16   simple.  And I think it's within our purview and 

17   prerogative to make sure that we can enact 

18   legislation -- Senator Latimer, you are right, 

19   one can always bring an Article 78 proceeding.  

20   But by God, we can do it here a lot quicker if 

21   people are in agreement.  We shouldn't have to 

22   have to endure litigation when we can take 

23   prospective action here and frankly overrule what 

24   I think is an ill-founded and unwise decision on 

25   behalf of the people, about 1.4 million people in 


                                                               5249

 1   the County of Suffolk.  

 2                So, Mr. President, I am John 

 3   Flanagan.  I am the one who advanced this 

 4   legislation.  And I'm making it clear I'm voting 

 5   yes.  Thank you.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Flanagan in the affirmative.

 8                Senator Boyle to explain his vote.

 9                SENATOR BOYLE:   Mr. President, now 

10   that Senator Rules has been unmasked, I'd like to 

11   explain my vote.  

12                (Laughter.)

13                SENATOR BOYLE:   I will put my 

14   pro-environment voting record up against many of 

15   my colleagues in this chamber.  And I believe 

16   that plastic bags are a nightmare for our 

17   environment.  They have been for many years.  

18   More and more municipalities throughout the 

19   country and the world are banning them.  

20                That, I believe, is the way to go.  

21   We cannot go county by county, village by 

22   village, town by town.  

23                I'm hopeful that the Governor's task 

24   force does just that, I'll put my two cents in, 

25   but it's a ban on plastic bags is what we should 


                                                               5250

 1   have in New York State.  And until then, I vote 

 2   in the affirmative.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Boyle in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar 2092, those recorded in the negative are 

 8   Senators Alcantara, Bailey, Benjamin, Brooks, 

 9   Carlucci, Comrie, Dilan, Gianaris, Hamilton, 

10   Hoylman, Kaminsky, Kennedy, Krueger, Latimer, 

11   LaValle, Montgomery, Murphy, Parker, Rivera, 

12   Serrano, Squadron, Stavisky and Stewart-Cousins.

13                Absent from voting:  Senators Larkin 

14   and Sanders.

15                Ayes, 38.  Nays, 23.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                Senator Ritchie.

19                SENATOR RITCHIE:   Mr. President, if 

20   we could address a few bills on the calendar and 

21   call up Calendar Number 2037.

22                ACTING PRESIDENT GRIFFO:   The 

23   Secretary will call up Calendar Number 2037.

24                SENATOR RITCHIE:   And can we lay 

25   that aside for the day.


                                                               5251

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is laid aside for the day.

 3                SENATOR RITCHIE:   Thank you.  Can 

 4   we call up Calendar 2024 and lay that aside for 

 5   the day.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   will be laid aside for the day.

 8                SENATOR RITCHIE:   And Calendar 

 9   2062, and lay that aside for the day also.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   will be laid aside for the day.

12                SENATOR RITCHIE:   And we're now 

13   going to stand at ease, and Finance will be 

14   called at 8:00 p.m.

15                ACTING PRESIDENT GRIFFO:   The 

16   Senate will stand temporarily at ease, with a 

17   Finance Committee meeting at 8:00 p.m. in 

18   Room 332.  

19                The Senate is at ease.

20                (Whereupon, the Senate stood at ease 

21   at 6:51 p.m.)

22                (Whereupon, the Senate reconvened at 

23   9:57 p.m.)

24                ACTING PRESIDENT CROCI:   The Senate 

25   will come to order.  Can we have order in the 


                                                               5252

 1   house, please.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   I believe 

 4   there were a couple of items on that last 

 5   calendar we should clean up, one of which was 

 6   Calendar 1113, Senate Print 6776B.  I understand 

 7   there's a substitution at the desk.

 8                ACTING PRESIDENT CROCI:   There is.  

 9                The Secretary will read.

10                THE SECRETARY:   On page 34, Senator 

11   LaValle moves to discharge, from the Committee on 

12   Rules, Assembly Bill 7522B and substitute it for 

13   the identical Senate Bill 5776B, Third Reading 

14   Calendar 1131.

15                ACTING PRESIDENT CROCI:   The 

16   substitution is so ordered.

17                SENATOR DeFRANCISCO:   Can we take 

18   up that bill.

19                ACTING PRESIDENT CROCI:   The 

20   Secretary will read.  

21                THE SECRETARY:   Calendar Number 

22   1113, by Member of the Assembly Palumbo, 

23   Assembly Print 7522B, an act to amend Chapter 924 

24   of the Laws of 1941.

25                ACTING PRESIDENT CROCI:   Read the 


                                                               5253

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT CROCI:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 63.

 8                ACTING PRESIDENT CROCI:   The bill 

 9   is passed.

10                Senator DeFrancisco.

11                SENATOR DeFRANCISCO:   The only 

12   other item was Calendar 2110, by Senator Hannon.  

13   Would you lay that bill aside for the day.

14                ACTING PRESIDENT CROCI:   The bill 

15   will be laid aside for the day.

16                SENATOR DeFRANCISCO:   Is there a 

17   Finance Committee report at the desk?  

18                ACTING PRESIDENT CROCI:   There is a 

19   Finance Committee report at the desk.

20                SENATOR DeFRANCISCO:   Could we take 

21   up that Finance report.

22                ACTING PRESIDENT CROCI:   Very well.  

23   The Secretary will read.

24                THE SECRETARY:   As a commissioner 

25   of the Public Service Commission, Diane Burman, 


                                                               5254

 1   of Delmar.

 2                ACTING PRESIDENT CROCI:   Senator 

 3   Young.

 4                SENATOR YOUNG:   Thank you, 

 5   Mr. President.  

 6                I rise to advance the name of Diane 

 7   Burman, of Delmar, as a commissioner of the 

 8   Public Service Commission.  Ms. Burman is very 

 9   well known to this chamber.  She served 

10   extraordinarily well as chief counsel for the 

11   New York State Senate.  And also she has a very 

12   strong background in energy issues and service to 

13   the state.

14                She currently is serving as a 

15   commissioner at the Public Service Commission.  I 

16   believe she has done an outstanding job.  She's 

17   very worthy of reappointment by this body, and so 

18   therefore I am very honored, privileged, and 

19   proud to put forward the name of Diane Burman as 

20   commissioner of the Public Service Commission.

21                ACTING PRESIDENT CROCI:   Senator 

22   DeFrancisco.

23                SENATOR DeFRANCISCO:   Yes, I'd like 

24   to second the motion.  

25                She's perfect for the Public Service 


                                                               5255

 1   Commission because she not only knows a lot about 

 2   energy, but she has unlimited energy.  When she 

 3   worked for the Senate as chief counsel, she never 

 4   stopped.  In fact, she -- actually, the only 

 5   thing that stopped her was exhaustion one day.  

 6                And no one could possibly work 

 7   harder than Diane Burman.  No one has a better 

 8   grasp of energy issues, and nobody is more 

 9   balanced on energy issues than Diane Burman.  And 

10   I'm really proud to second her nomination because 

11   she's a great public servant and she's going to 

12   do a wonderful job in the future, as she has in 

13   the past.

14                Thank you, Mr. President.

15                ACTING PRESIDENT CROCI:   Seeing no 

16   one else wishing to speak, the question is on the 

17   nomination of Diane Burman as commissioner of the 

18   Public Service Commission.  All in favor please 

19   signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT CROCI:   Opposed, 

22   nay.

23                (No response.)

24                ACTING PRESIDENT CROCI:   Diane 

25   Burman is hereby reappointed as commissioner of 


                                                               5256

 1   the Public Service Commission.  

 2                Congratulations.  

 3                (Standing ovation.)

 4                ACTING PRESIDENT CROCI:   The 

 5   Secretary will read.

 6                THE SECRETARY:   As commissioner and 

 7   chairman of the Public Service Commission, John 

 8   B. Rhodes, of New York.

 9                ACTING PRESIDENT CROCI:   Senator 

10   Young.

11                SENATOR YOUNG:   Thank you, 

12   Mr. Chairman.  

13                It is with great pleasure that I 

14   rise to nominate John B. Rhodes as commissioner 

15   and chairman of the Public Service Commission.  

16                Mr. Rhodes is also well known to 

17   this body.  He is a public servant who has been 

18   serving the people of New York State, especially 

19   on energy issues, for several years now.  He 

20   currently -- or prior to this nomination, he 

21   served as a the head of the New York State Energy 

22   Research and Development Authority, NYSERDA, 

23   which does important work regarding energy 

24   issues.  

25                So I believe very strongly that 


                                                               5257

 1   Mr. Rhodes is a great choice by the Governor.  I 

 2   commend the Governor for putting his name 

 3   forward.  And I would urge my colleagues to join 

 4   me in voting for John B. Rhodes.  

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT CROCI:   Thank you, 

 7   Senator Young.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Yes, I rise 

10   to second the nomination of Mr. Rhodes.  

11                I was very happy to learn that as 

12   head of NYSERDA he had a practice of doing a 

13   cost/benefit analysis of his own in determining 

14   whether these projects were good projects, worthy 

15   of the money of the taxpayers in NYSERDA.  And I 

16   look forward to that philosophy as we go forward 

17   in determining how the public's money is spent in 

18   the Public Service Commission.

19                He's obviously eminently qualified, 

20   and I know he's going to do an excellent job.  

21   And I know at some point he's going to support my 

22   cost/benefit bill for the Public Service 

23   Commission.

24                Thank you, Mr. President.

25                ACTING PRESIDENT CROCI:   Thank you.


                                                               5258

 1                Seeing no other member wishing to 

 2   speak, the question is on the nomination of John 

 3   B. Rhodes to be commissioner and chairman of the 

 4   Public Service Commission.  

 5                All in favor please signify by 

 6   saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT CROCI:   Opposed, 

 9   nay.

10                (No response.)

11                ACTING PRESIDENT CROCI:   Mr. John 

12   B. Rhodes is hereby confirmed as commissioner and 

13   chairman of the Public Service Commission.  

14                Congratulations.

15                (Standing ovation.)

16                ACTING PRESIDENT CROCI:   The 

17   Secretary will read.

18                THE SECRETARY:   As commissioner of 

19   the Public Service Commission, Philip G. Wilcox, 

20   of North Tonawanda.

21                ACTING PRESIDENT CROCI:   Senator 

22   Young.

23                SENATOR YOUNG:   Yes, Mr. President, 

24   I'm very enthused to advance the name of Philip 

25   G. Wilcox as commissioner of the Public Service 


                                                               5259

 1   Commission.  

 2                Mr. Wilcox is very well known to the 

 3   Western New York delegation, not only in the 

 4   Senate but also in the Assembly.  He is somebody 

 5   that we have relied upon for a very long time as 

 6   far as giving us information and his perspective 

 7   on energy issues.  

 8                And I believe very -- I am a strong 

 9   believer in his abilities and his work ethic and 

10   his willingness to serve the people of New York 

11   State, and especially the ratepayers, on very 

12   significant energy issues.

13                So I am again very happy to advance 

14   the name of Philip G. Wilcox.  I know he'll do an 

15   excellent job.  So I would urge our members to 

16   support his nomination.

17                ACTING PRESIDENT CROCI:   Senator 

18   Jacobs.

19                SENATOR JACOBS:   Thank you, 

20   Mr. President.  It's an honor to speak for a 

21   moment about Phil Wilcox.  

22                I was very, very happy to hear about 

23   his name being mentioned.  He hails from Western 

24   New York, and I couldn't think of anyone better 

25   for the position.  I've known Phil for well over 


                                                               5260

 1   a decade, and he's very passionate about Western 

 2   New York, rebuilding the Western New York 

 3   economy, and also how energy is relevant to all 

 4   those issues.  

 5                And I am very excited to continue to 

 6   talk with him about a certain power plant that 

 7   recently closed in my district and how we can 

 8   find a viable reuse that will reestablish a tax 

 9   base there.

10                But very happy to have him and very 

11   honored to vote for his nomination today.

12                ACTING PRESIDENT CROCI:   Senator 

13   Ranzenhofer.

14                SENATOR RANZENHOFER:   Yes, thank 

15   you, Mr. President.  I also rise today in support 

16   of Mr. Wilcox.  

17                As was mentioned earlier, he is very 

18   familiar to the members of the Western New York 

19   delegation.  His expertise on energy issues is 

20   very well known to the members of our delegation.  

21   He's a very hard worker.  And I look forward to 

22   work with him in his new role as a commissioner 

23   on the PSC.  

24                Thank you, Mr. President.

25                ACTING PRESIDENT CROCI:   Senator 


                                                               5261

 1   Kennedy.

 2                SENATOR KENNEDY:   Thank you, 

 3   Mr. President.  

 4                I rise to support this nomination.  

 5   I want to thank the Governor for putting forth 

 6   such a great list of nominees.  I stand to 

 7   recognize Mr. Phil Wilcox on his nomination as 

 8   commissioner at the PSC.  

 9                I'll tell you, he is an absolutely 

10   extraordinary individual.  I'm proud to have not 

11   only known him but to have worked with him for 

12   well over a decade, both here in Albany as well 

13   as out in Western New York -- someone that brings 

14   an amazing level of expertise to the table, 

15   someone who has worked in the energy field, in 

16   the energy industry, someone that knows the ins 

17   and the outs, someone that has fought on behalf 

18   of working men and women across this great state.  

19                And at the two-plus-hour-long line 

20   of questioning this morning, he did an 

21   exceptional job of articulating his vision for 

22   the future of New York State and of connecting 

23   the need for power downstate to the power sources 

24   that are available across New York State, 

25   especially up where we reside in Western 


                                                               5262

 1   New York.

 2                So with that, Mr. President, I'll be 

 3   strongly supporting and advocating for Mr. Phil 

 4   Wilcox.  Thank you.

 5                ACTING PRESIDENT CROCI:   Seeing no 

 6   other members wishing to speak, the question is 

 7   on the nomination of Philip G. Wilcox as 

 8   commissioner of the Public Service Commission.  

 9                All in favor please signify by 

10   saying aye.

11                (Response of "Aye.")

12                ACTING PRESIDENT CROCI:   Opposed, 

13   nay.

14                (No response.)

15                ACTING PRESIDENT CROCI:   Philip G. 

16   Wilcox is confirmed as a commissioner of the 

17   Public Service Commission.  

18                Congratulations.

19                (Standing ovation.)

20                ACTING PRESIDENT CROCI:   The 

21   Secretary will read.

22                THE SECRETARY:   As commissioner of 

23   the Public Service Commission, James S. Alesi, of 

24   East Rochester.

25                ACTING PRESIDENT CROCI:   Senator 


                                                               5263

 1   Young.

 2                SENATOR YOUNG:   Thank you, 

 3   Mr. President.  

 4                I rise to put forward the name in 

 5   nomination of James S. Alesi as commissioner of 

 6   the Public Service Commission.  

 7                Mr. Alesi is well known to this 

 8   body.  He is a former State Senator, served for 

 9   16 years.  During that time period he had the 

10   opportunity to work on many important issues, 

11   including energy issues, economic development 

12   issues.  He certainly understands how important 

13   it is to protect the ratepayers.  

14                And therefore I am advancing his 

15   name as a commissioner, and I would urge my 

16   colleagues to vote yes.

17                ACTING PRESIDENT CROCI:   Senator 

18   Funke.

19                SENATOR FUNKE:   Mr. President, I 

20   rise to support the appointment of Senator Jim 

21   Alesi, who actually held my seat and also served 

22   as a State Assemblyman.  

23                He is a dedicated public servant.  

24   He has worked very hard to serve our region.  It 

25   is great to have him on the PSC now.  And being a 


                                                               5264

 1   resident of my district, it's particularly 

 2   important to have somebody from the Rochester 

 3   region serving on the Public Service Commission.  

 4   I know he will work hard on behalf of the energy 

 5   issues that are important to all of us in this 

 6   chamber.

 7                So I support and salute Senator Jim 

 8   Alesi on his appointment.

 9                ACTING PRESIDENT CROCI:   Seeing no 

10   other member wishing to speak on the nominee, the 

11   question is on the nomination of James S. Alesi 

12   as commissioner of the Public Service Commission.  

13   All in favor please signify by saying aye.

14                (Response of "Aye.")

15                ACTING PRESIDENT CROCI:   Opposed, 

16   nay.

17                (No response.)

18                ACTING PRESIDENT CROCI:   James S. 

19   Alesi is confirmed as commissioner of the Public 

20   Service Commission.  Congratulations, sir.

21                The Secretary will read.

22                THE SECRETARY:   As a member of the 

23   Battery Park City Authority, Louis J. Bevilacqua, 

24   of New York.  

25                ACTING PRESIDENT CROCI:   Senator 


                                                               5265

 1   Squadron.

 2                SENATOR SQUADRON:   Thank you, 

 3   Mr. President.

 4                Battery Park City is a vibrant 

 5   mixed-use community in my district in Lower 

 6   Manhattan.  Originally it was 92 acres of water 

 7   that was turned into 92 acres of land.  It was a 

 8   development project that is now fully developed 

 9   and is home, as of 2010, to more than 13,000 

10   people; today, thousands more than that.  

11                Unfortunately, the Battery Park City 

12   Authority, with its seven members, has and will 

13   have after this appointment zero residents of 

14   Battery Park City on it.  It is a basic principle 

15   that in local governance you have a local voice.  

16   And in Battery Park City, that is sorely lacking.  

17                All seven appointees are made by the 

18   Governor.  Over the last two years, every elected 

19   official in the area has written to the Governor 

20   to ask for actual Battery Park City residents to 

21   be appointed to the board.  Just this past 

22   Thursday, we asked the Governor to rescind this 

23   appointment and one of the other two appointments 

24   that he made and we'll be voting on tonight, 

25   unfortunately.  


                                                               5266

 1                I have looked at Mr. Bevilacqua's 

 2   resume and history, and he appears to be someone 

 3   who we would be lucky to have in state service.  

 4   And I wanted to say to him and to his family that 

 5   it is not about his qualifications as a public 

 6   servant that I vote in opposition to him today.  

 7                It is about the fact that he has not 

 8   had any community ties to the area nor is he a 

 9   resident of Battery Park City, and it is simply 

10   unacceptable to continue to have no resident 

11   voice in Battery Park City.

12                Next we'll be hearing about 

13   Catherine McVay Hughes, who is a long-time 

14   Lower Manhattan community leader and will be a 

15   great addition to the board.  And then we will be 

16   hearing about the appointment of George Tsunis, 

17   another person who appears certainly to have the 

18   sort of resume that we would welcome in state 

19   service.  Unfortunately, not in this role, 

20   because he too does not have a deep connection to 

21   the community nor is he a resident of Battery 

22   Park City.  

23                It is critical when we talk about a 

24   local governance body like Battery Park City 

25   Authority, that we have a local voice.  The idea 


                                                               5267

 1   that zero out of seven would be residents is 

 2   simply unacceptable.  It's why I, along with 

 3   Assemblymembers Glick and Niou, have been pushing 

 4   legislation to ensure resident voice on Battery 

 5   Park City Authority.  It's legislation I continue 

 6   to hope will pass this year.  I've been working 

 7   with Senator Ranzenhofer and others to that 

 8   exactly that purpose.

 9                But tonight, unfortunately, I need 

10   to vote against Mr. Bevilacqua and urge my 

11   colleagues to join me in doing it.  It is simply 

12   not right that these appointments are considered 

13   anything other than a local voice for a local 

14   community that needs to be governed.

15                So I vote no on this appointment, 

16   Mr. President.

17                ACTING PRESIDENT CROCI:   Senator 

18   Young.

19                SENATOR YOUNG:   Thank you, 

20   Mr. President.

21                I would like to advance the name of 

22   Louis J. Bevilacqua as a member of the Battery 

23   Park City Authority.  I believe that 

24   Mr. Bevilacqua is highly qualified, and I would 

25   encourage our colleagues to vote aye on his 


                                                               5268

 1   nomination.  

 2                Thank you.

 3                ACTING PRESIDENT CROCI:   Thank you, 

 4   Senator Young.

 5                Seeing no other member wishing to 

 6   speak, the question is on the nomination of Louis 

 7   Bevilacqua as a member of the Battery Park City 

 8   Authority.

 9                Senator Gianaris.

10                SENATOR GIANARIS:   Mr. President, 

11   according to Rule VIII of the Senate rules, at 

12   the request of five Senators, I'd like this to be 

13   a recorded vote.  And we have five Senators 

14   making the request.

15                ACTING PRESIDENT CROCI:   All those 

16   opposed to the confirmation of Louis J. 

17   Bevilacqua, please show hands.

18                THE SECRETARY:   Nays, 17.

19                ACTING PRESIDENT CROCI:   The motion 

20   fails.  

21                The nomination of Louis Bevilacqua 

22   as a member of Battery Park City Authority is 

23   hereby confirmed.  

24                The Secretary will read.

25                THE SECRETARY:   As a member of the 


                                                               5269

 1   Battery Park City Authority, Catherine McVay 

 2   Hughes, of New York.  

 3                ACTING PRESIDENT CROCI:   Senator 

 4   Young.

 5                SENATOR YOUNG:   Thank you, 

 6   Mr. President.  

 7                I would like to commend the Governor 

 8   on the advancement of Catherine McVay Hughes' name 

 9   as a member of the Battery Park City Authority.  

10                Again, we are very fortunate to have 

11   someone highly qualified to be recommended for 

12   this position, so I would encourage our members 

13   to vote yes on this nomination.

14                Thank you so much, Mr. President.

15                ACTING PRESIDENT CROCI:   Senator 

16   Squadron.

17                SENATOR SQUADRON:   Thank you.

18                Catherine McVay Hughes, while not a 

19   Battery Park City resident, is a long-time Lower 

20   Manhattan leader.  She served on the community 

21   board in Lower Manhattan for nearly two decades, 

22   including as chair.  

23                She was deeply involved in the 

24   redevelopment and recovery after the attacks of 

25   September 11th and on post-9/11 health issues, 


                                                               5270

 1   which she, from the perspective of a community 

 2   member, really helped bring to the fore as a 

 3   national issue.

 4                She's also worked on broader 

 5   environment and environmental health issues.  She 

 6   was the cochair of New York Rising in the 

 7   aftermath of Hurricane Sandy, been a member of 

 8   the board of multiple organizations.  And her 

 9   judgment, her commitment to the community, her 

10   integrity, her energy will all be a great 

11   addition to the Battery Park City board, and she 

12   will be a strong addition.  

13                So I support Catherine McVay Hughes 

14   as an appointee in the board and hope my 

15   colleagues will join me.  

16                Thank you, Mr. President.

17                ACTING PRESIDENT CROCI:   The 

18   question is on the nomination of Catherine McVay 

19   Hughes to be a member of the Battery Park City 

20   Authority.  All those in favor please signify by 

21   saying aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT CROCI:   Opposed, 

24   nay.

25                (No response.)


                                                               5271

 1                ACTING PRESIDENT CROCI:   Catherine 

 2   McVay Hughes is confirmed as a member of the 

 3   Battery Park City Authority.

 4                The Secretary will read.

 5                THE SECRETARY:   As a member of the 

 6   Battery Park City Authority, George Tsunis, of 

 7   Matinecock.

 8                ACTING PRESIDENT CROCI:   Senator 

 9   Young.

10                SENATOR YOUNG:   Again, we have 

11   someone who is willing to commit himself as a 

12   public servant in the role as a member of the 

13   Battery Park City Authority.  

14                We always are thankful for people 

15   who put their names forward like this.  We think 

16   that they really are worthy of getting our 

17   support.  And I thank the Governor for 

18   recommending George Tsunis as a member of that 

19   authority.

20                ACTING PRESIDENT CROCI:   Senator 

21   Boyle.

22                SENATOR BOYLE:   Mr. President, I 

23   rise to strongly recommend George Tsunis.  

24                I've known him for many, many years.  

25   He's a successful businessman and a 


                                                               5272

 1   philanthropist, and I know that he will be a very 

 2   thoughtful and kind and diligent worker and 

 3   member of the Battery Park City Authority.  

 4                Thank you.

 5                ACTING PRESIDENT CROCI:   Senator 

 6   Squadron.

 7                SENATOR SQUADRON:   Thank you, 

 8   Mr. President.  

 9                I too want to thank Mr. Tsunis for 

10   his willingness to serve and want to reiterate 

11   that I think he is exactly the kind of person 

12   that we welcome into state service, especially of 

13   this type.  

14                Unfortunately, he is not a resident 

15   of Battery Park City.  And with his appointment, 

16   we will have seven members of the Battery Park 

17   City Authority board, of whom zero are residents 

18   of Battery Park City.  

19                The Roosevelt Island Operating 

20   Corporation, every single member is a resident of 

21   Roosevelt Island.  

22                It's simply not appropriate to have 

23   a thriving mixed-use community with well more 

24   than 13,000 residents and have no community 

25   representation on it at all.


                                                               5273

 1                If we had my goal of a majority of 

 2   local residents, Mr. Tsunis I'm sure would round 

 3   that out appropriately.  Since we have none, I 

 4   need to unfortunately oppose Mr. Tsunis's 

 5   appointment, urge the Governor to respond to the 

 6   community's needs.  And I look forward to working 

 7   with all my colleagues to get this legislation 

 8   passed that would ensure that in the future, over 

 9   the next 26 hours or so.

10                So I will oppose Mr. Tsunis's 

11   nomination, and I hope and urge my colleagues to 

12   join me in the interest of local representation 

13   for a local community.

14                Thank you, Mr. President.

15                ACTING PRESIDENT CROCI:   The 

16   question is on the motion to confirm the 

17   nomination of George Tsunis of Matinecock to be a 

18   member of the Battery Park City Authority.  All 

19   those in favor please signify by saying aye.

20                SENATOR GIANARIS:   Mr. President.  

21                ACTING PRESIDENT CROCI:   Senator 

22   Gianaris.

23                SENATOR GIANARIS:   Thank you.  

24                Once again, pursuant to Rule VIII, I 

25   believe we have five Senators prepared to request 


                                                               5274

 1   a recorded vote on this nomination.

 2                ACTING PRESIDENT CROCI:   Very good.  

 3                All those opposed to the 

 4   confirmation of George Tsunis as a member of the 

 5   Battery Park City Authority please show your 

 6   hands.

 7                Results?  

 8                THE SECRETARY:   Nays, 15.

 9                ACTING PRESIDENT CROCI:   George 

10   Tsunis is hereby confirmed as a member of the 

11   Battery Park City Authority.

12                The Secretary will read.

13                THE SECRETARY:   As trustees of the 

14   Board of Trustees of the City University of 

15   New York:  Henry Berger, of New York; Kevin D. 

16   Kim, of New York; and Michael Arvanites, of 

17   Staten Island.  

18                ACTING PRESIDENT CROCI:   Senator 

19   Young.

20                SENATOR YOUNG:   Thank you, 

21   Mr. President.

22                I'm pleased to nominate the 

23   following, Henry Berger and Michael Arvanites -- 

24   could we have some order -- as trustees of the 

25   Board of Trustees of the City University of 


                                                               5275

 1   New York.  These are Mayor de Blasio's 

 2   nominations.  And also Kevin D. Kim, of New York, 

 3   as a CUNY trustee also.  

 4                I have spoken to all three of the 

 5   candidates.  They are extremely qualified, have 

 6   impressive resumes, articulated some very worthy 

 7   goals as members of the Board of Trustees for 

 8   CUNY, and therefore I believe very strongly that 

 9   they are qualified, ready to serve, and that we 

10   should approve their appointments.

11                Thank you, Mr. President.

12                ACTING PRESIDENT CROCI:   The 

13   question is on the nominations of Henry Berger, 

14   Kevin Kim, and Michael Arvanites as trustees of 

15   the Board of Visitors of the City University of 

16   New York.  All those in favor please signify by 

17   saying aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT CROCI:   Opposed, 

20   nay.

21                (No response.)

22                ACTING PRESIDENT CROCI:   Henry 

23   Berger, Kevin D. Kim, and Michael Arvanites are 

24   confirmed as trustees of the Board of Trustees of 

25   the City University of New York.


                                                               5276

 1                The Secretary will read.

 2                THE SECRETARY:   As trustees of the 

 3   Board of Trustees of Cornell University:  Howard 

 4   Milstein, of New York, and Martin F. Scheinman, 

 5   of Sands Point.

 6                ACTING PRESIDENT CROCI:   Senator 

 7   Young.  

 8                SENATOR YOUNG:   Thank you, 

 9   Mr. President.  

10                Cornell University is truly one of 

11   the gems that we have in New York State.  We're 

12   very fortunate to have it as one of our higher 

13   education institutions that also has a portion of 

14   it that is under New York State.  

15                For reappointment, we have Howard 

16   Milstein, of New York, and Martin Scheinman, of 

17   Sands Point.  And these are people who have 

18   served the people of New York State in the past, 

19   also have served Cornell University, obviously 

20   are very qualified for these positions.  And so I 

21   am very privileged to put forward their names.

22                Thank you, Mr. President.

23                ACTING PRESIDENT CROCI:   Seeing no 

24   other Senator wishing to speak, the question is 

25   on the nominations of Howard Milstein and Martin 


                                                               5277

 1   Scheinman to be trustees of the Board of Trustees 

 2   of Cornell University.  All those in favor please 

 3   signify by saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT CROCI:   Opposed, 

 6   nay.

 7                (No response.)

 8                ACTING PRESIDENT CROCI:   Howard 

 9   Milstein and Martin Scheinman are confirmed as 

10   trustees of the Board of Trustees of 

11   Cornell University.

12                The Secretary will read.

13                THE SECRETARY:   As a member of the 

14   New York State Energy Research and Development 

15   Authority, Kate Fish, of Lake Placid. 

16                ACTING PRESIDENT CROCI:   Senator 

17   Young.

18                SENATOR YOUNG:   Thank you, 

19   Mr. President.

20                Kate Fish, of Lake Placid, would be 

21   a new appointment to the New York State Energy 

22   Research and Development Authority.  

23                I know that my colleague Senator 

24   Little, who is her Senator, recommends her very 

25   highly.  


                                                               5278

 1                And she was here earlier today.  She 

 2   was able to speak to several members.  She was 

 3   able to articulate her vision as someone who is 

 4   serving NYSERDA.  And so I believe that she would 

 5   make a great addition to NYSERDA, and I am 

 6   advocating for her approval by this august body.

 7                Thank you.

 8                ACTING PRESIDENT CROCI:   The 

 9   question is on the nomination of Kate Fish to be 

10   a member of the New York State Energy Research 

11   and Development Authority.  All those in favor 

12   please signify by saying aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT CROCI:   Opposed, 

15   nay.

16                (No response.)

17                ACTING PRESIDENT CROCI:   Kate Fish 

18   is hereby confirmed as a member of the New York 

19   State Energy Research and Development Authority.

20                The Secretary will read.

21                THE SECRETARY:   As trustees of the 

22   New York Power Authority:  Michael A.L. Balboni, 

23   of East Williston, and Dennis G. Trainor, of 

24   Holbrook. 

25                ACTING PRESIDENT CROCI:   Senator 


                                                               5279

 1   Young.

 2                SENATOR YOUNG:   Thank you, 

 3   Mr. President.  

 4                Obviously energy issues are kind of 

 5   a theme of tonight.  But also it's because they 

 6   are so incredibly important for the people of 

 7   New York State.  

 8                We have as a new appointment, 

 9   Michael A.L. Balboni, of East Williston.  Several 

10   of our colleagues were able to serve with Senator 

11   Balboni.  They have known him for many years.  We 

12   actually miss him in the Senate, but we also have 

13   somebody who is very adeptly representing that 

14   district now.  

15                However, Senator Balboni has had a 

16   wealth of experience in many areas.  He does know 

17   a lot about energy and the New York Power 

18   Authority.  So I would strongly recommend his 

19   advancement and confirmation.  

20                Also, we have Dennis G. Trainor, of 

21   Holbrook.  Again, an excellent choice by the 

22   Governor for the New York Power Authority.  

23                And so I would urge my colleagues to 

24   vote yes on both nominations.

25                ACTING PRESIDENT CROCI:   The 


                                                               5280

 1   question is on the nominations of Michael A.L. 

 2   Balboni and Dennis G. Trainor to be trustees of 

 3   the New York Power Authority.  All those in favor 

 4   please signify by saying aye.

 5                (Response of "Aye.")

 6                ACTING PRESIDENT CROCI:   Opposed, 

 7   nay.

 8                (No response.)

 9                ACTING PRESIDENT CROCI:   Michael 

10   A.L. Balboni and Dennis G. Trainor are hereby 

11   confirmed as trustees of the New York Power 

12   Authority.

13                The Secretary will read.

14                THE SECRETARY:   As members of the 

15   New York State Energy Research and Development 

16   Authority:  Charles Bell, of Ossining, and 

17   Sukanya Paciorek, of Brooklyn.

18                ACTING PRESIDENT CROCI:   Senator 

19   Young.

20                SENATOR YOUNG:   Thank you, 

21   Mr. President.

22                Again, we have qualified individuals 

23   willing to step forward.  I would like to point 

24   out to the members that Charles Bell, of 

25   Ossining, is a reappointment, while Sukanya 


                                                               5281

 1   Paciorek, of Brooklyn, is a new appointment.

 2                Thank you, Mr. President.  I 

 3   nominate them.

 4                ACTING PRESIDENT CROCI:   The 

 5   question is on the nomination of Charles Bell and 

 6   Sukanya Paciorek as members of the New York State 

 7   Energy Research and Development Authority.  All 

 8   those in favor please signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT CROCI:   Opposed, 

11   nay.

12                (No response.)

13                ACTING PRESIDENT CROCI:   Charles 

14   Bell and Sukanya Paciorek are hereby confirmed as 

15   members of the New York State Energy Research and 

16   Development Authority.

17                The Secretary will read.

18                THE SECRETARY:   As a member of the 

19   New York State Housing Finance Agency and 

20   director of the State of New York Mortgage 

21   Agency, Kenneth G. Adams, of Brooklyn.  

22                ACTING PRESIDENT CROCI:   Senator 

23   Young.

24                SENATOR YOUNG:   Thank you, 

25   Mr. President.  


                                                               5282

 1                I rise very enthusiastically to 

 2   nominate Kenneth G. Adams, of Brooklyn, for the 

 3   position of member of the New York State Housing 

 4   Finance Agency and director of the State of New 

 5   York Mortgage Agency.  These are very key 

 6   positions.  As former chair of the Housing 

 7   Committee, I can tell you how important these 

 8   agencies are.  

 9                Ken Adams is somebody who I've had 

10   the privilege of knowing for many years.  He 

11   obviously is an expert in economic development 

12   issues but also served the state in other 

13   capacities.  I am glad that he wants to continue 

14   to serve in these new roles.  I think he'll do an 

15   excellent job.  

16                And so I enthusiastically nominate 

17   him for this position.

18                ACTING PRESIDENT CROCI:   The 

19   question is on the nomination of Kenneth G. Adams 

20   to be a member of the New York State Housing 

21   Finance Agency and director of the State of 

22   New York Mortgage Agency.  All those in favor 

23   please signify by saying aye.

24                (Response of "Aye.")

25                ACTING PRESIDENT CROCI:   Opposed, 


                                                               5283

 1   nay.

 2                (No response.)

 3                ACTING PRESIDENT CROCI:   Kenneth G. 

 4   Adams is hereby confirmed as a member of the 

 5   New York State Housing Finance Agency and 

 6   director of the State of New York Mortgage 

 7   Agency.

 8                The Secretary will read.

 9                THE SECRETARY:   As a member of the 

10   board of directors of the New York Convention 

11   Center Operating Corporation, Christine Ferer, of 

12   New York.  

13                ACTING PRESIDENT CROCI:   Senator 

14   Young.

15                SENATOR YOUNG:   Thank you, 

16   Mr. President.

17                I nominate Christine Ferer, of 

18   New York, as a member of the board of directors 

19   of the New York City Convention Center Operating 

20   Corporation.  And I appreciate the members' vote 

21   on this issue.

22                ACTING PRESIDENT CROCI:   The 

23   question is on the nomination of Christine Ferer  

24   to be a member of the board of directors of the 

25   New York Convention Center Operating Corporation.  


                                                               5284

 1   All those in favor please signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT CROCI:   Opposed, 

 4   nay.

 5                (No response.)

 6                ACTING PRESIDENT CROCI:   Christine 

 7   Ferer is hereby appointed as a member of the 

 8   board of directors of the New York Convention 

 9   Center Operating Corporation.

10                The Secretary will read.

11                THE SECRETARY:   As members of the 

12   Behavioral Health Services Advisory Council:  

13   Lisa Dunn Alford, of Manlius; Lieutenant Colonel 

14   William LeCates, M.D., of Cooperstown; Stephanie 

15   Orlando, of Slingerlands; and Patrice 

16   Wallace-Moore, of Mount Vernon.

17                ACTING PRESIDENT CROCI:   Senator 

18   Young.

19                SENATOR YOUNG:   Thank you, 

20   Mr. President.

21                I nominate these individuals in 

22   their capacity as members of the Behavioral 

23   Health Services Advisory Council.  

24                This is a volunteer position they 

25   are undertaking, and certainly we are grateful 


                                                               5285

 1   for their service.

 2                Thank you, Mr. President.

 3                ACTING PRESIDENT CROCI:   All those 

 4   in favor of confirming the names read of the 

 5   individuals for members of the Behavioral Health 

 6   Services Advisory Council, please signify by 

 7   saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT CROCI:   Opposed, 

10   nay.  

11                (No response.)

12                ACTING PRESIDENT CROCI:   The list 

13   of candidates read are hereby confirmed as 

14   members of the Behavioral Health Services 

15   Advisory Council.

16                The Secretary will read.

17                THE SECRETARY:   As a member of the 

18   Board of Visitors of the Bronx Psychiatric 

19   Center, Sandra Unger, of the Bronx. 

20                As a member of the Board of Visitors 

21   of the Brooklyn Developmental Disabilities 

22   Services Office, Calvin A. Fischetti, of 

23   Brooklyn.  

24                As a member of the Board of Visitors 

25   of the Kingsboro Psychiatric Center, Bettie J. 


                                                               5286

 1   King, of Brooklyn.  

 2                As a member of the Board of Visitors 

 3   of the Manhattan Psychiatric Center, Marlon R.A. 

 4   Mattson, M.D., of New York.  

 5                As a member of the Board of Visitors 

 6   of the Rockland Psychiatric Center, James 

 7   Scaringe, of Orangeburg. 

 8                As members of the Board of Visitors 

 9   of the Capital District Psychiatric Center:  

10   Alan Kott, of Guilderland, and Robert Surico, of 

11   Schenectady.  

12                As members of the Board of Visitors 

13   of the Capital District Developmental 

14   Disabilities Services Office:  Katherine T. Less, 

15   of Scotia; Kathe R. Sheehan, of Scotia; Susann V. 

16   Getsch, Ph.D., of Ballston Spa; and Susan P. 

17   O'Connor, of Delmar.  

18                As members of the Board of Visitors 

19   of the Central New York Developmental 

20   Disabilities Services Office:  Virginia M. Ellis, 

21   of Auburn; Nancy Marie Jones, of Blossvale; 

22   Laura Kiefer, of Little Falls; Carol K. Neveu, of 

23   Oneida; Jeannine Leroy Nolan, of Fayetteville; 

24   and Anna Marie de Riemer-Gallay, of Ava.  

25                As members of the Board of Visitors 


                                                               5287

 1   of the Buffalo Psychiatric Center:  Harold T. 

 2   Fabinsky, of Orchard Park, and Ellen J. 

 3   Maternowski, of Lakewood.  

 4                As members of the Board of Visitors 

 5   of the Creedmoor Psychiatric Center:  Gloria M. 

 6   Allen, M.D., of Saint Albans; Lula Fisher, of 

 7   Queens Village; Judy Grubin, of Jackson Heights; 

 8   and Henry Lau Kee, of Flushing.  

 9                As members of the Board of Visitors 

10   of the Elmira Psychiatric Center:  Joanna M. 

11   Papontos, of Seneca Falls, and Judith Phillips, 

12   of Watkins Glen.  

13                As members of the Board of Visitors 

14   of the Helen Hayes Hospital:  Kathleen Sweeney, 

15   of Haverstraw, and Jeffrey R. Sweet, of 

16   Peekskill. 

17                As members of the Board of Visitors 

18   of the Long Island Developmental Disabilities 

19   Services Office:  Mary Fasano, of Massapequa 

20   Park, and Mark Douglas Gustin, of Valley Stream.  

21                As members of the Board of Visitors 

22   of the Mohawk Valley Psychiatric Office:  Anne M. 

23   Jackson, of Boonville, and Beverly Piechowitz, of 

24   Marcy.  

25                As members of the Board of Visitors 


                                                               5288

 1   of the Richard H. Hutchins Psychiatric Center:  

 2   Marla Byrnes, of Syracuse, and Nancy Egel Kroot, 

 3   of Cortland.

 4                As members of the Board of Visitors 

 5   of the Rochester Psychiatric Center:  Rita 

 6   Cronise, of Victor; Eileen W. Farlow, of 

 7   Pittsford; Donna Leigh-Estes, of Rochester; and 

 8   Judith D. Watt, of Sodus Point.  

 9                As members of the Board of Visitors 

10   of the Western New York Developmental 

11   Disabilities Services Office:  Charles D.J. Case, 

12   of East Aurora, and Ann L. Scherff, of LeRoy.  

13                As members of the Board of Visitors 

14   of the South Beach Psychiatric Center:  Jean 

15   Lowry Conelli, of Staten Island; Joan M. Rowley, 

16   of Staten Island; Beverly Salierno-Peare, of 

17   Brooklyn; and Howard Weiner, of Staten Island.  

18                As members of the Board of Visitors 

19   of the St. Lawrence Psychiatric Center:  Richard 

20   M. LaValley, of Canton, and Patrick R. Rourk, of 

21   Norwood. 

22                As members of the Board of Visitors 

23   of the Staten Island Developmental Disabilities 

24   Services Office:  Joanne Certo, of Staten Island; 

25   Christine Dickhut, of Staten Island; and Robert 


                                                               5289

 1   D. McCarren, Sr., of Staten Island.  

 2                As members of the Board of Visitors 

 3   of the Sunmount Developmental Disabilities 

 4   Services Office:  Gilbert Allen Duken, of 

 5   Plattsburgh; Jane M. DuMoulin, of Cadyville; and 

 6   Paul A. Maroun, of Tupper Lake.  

 7                As members of the Board of Visitors 

 8   of the Taconic Developmental Disabilities 

 9   Services Office:  Kathleen Bartles, of 

10   Pine Plains; Ronald S. Lehrer, of Poughkeepsie; 

11   Mark B. Searle, of Poughkeepsie; and 

12   Cheryl Wilcox, of Wassaic. 

13                ACTING PRESIDENT CROCI:   Senator 

14   Young.

15                SENATOR YOUNG:   Mr. President, I 

16   rise to nominate all of these individuals as 

17   members of the Boards of Visitors.  

18                I do want to commend these 

19   particular individuals for their willingness to 

20   serve New York State.  These are strictly 

21   voluntary positions, and yet they're incredibly 

22   important because the Boards of Visitors oversee 

23   the care provided by New York State-operated 

24   facilities of people with mental health, 

25   behavioral health and intellectual and 


                                                               5290

 1   developmental disabilities.  

 2                We in this body know how important 

 3   that is to make sure that we are providing the 

 4   best care possible through our New York State 

 5   facilities, and therefore I nominate all of them 

 6   and encourage our members to vote aye.

 7                ACTING PRESIDENT CROCI:   All those 

 8   in favor of the appointments of those names read 

 9   by the Secretary for the positions indicated, 

10   please signify by saying aye.

11                (Response of "Aye.")

12                ACTING PRESIDENT CROCI:   Opposed, 

13   nay.

14                (No response.)

15                ACTING PRESIDENT CROCI:   Those 

16   individuals' names read by the Secretary are 

17   hereby confirmed for the positions indicated.

18                Senator Gallivan.

19                SENATOR GALLIVAN:   Is there any 

20   other further business at the desk?

21                ACTING PRESIDENT CROCI:   There is 

22   no further business before the desk.  

23                SENATOR GALLIVAN:   There will be a 

24   Rules Committee meeting tomorrow at 9:00 a.m. in 

25   Room 332.  


                                                               5291

 1                The Republican Conference will meet 

 2   at 10:00 a.m. in Room 332.  

 3                And there being no further business 

 4   at the desk, I move that the Senate adjourn until 

 5   Wednesday, June 21st, at 11:00 a.m.

 6                ACTING PRESIDENT CROCI:   There will 

 7   be a 9:00 a.m. Rules Committee meeting in 

 8   Room 332, followed by a Republican Conference 

 9   meeting in Room 332 at 10:00 a.m.  

10                And on motion, the Senate stands 

11   adjourned until Wednesday, June 21st, at 

12   11:00 a.m.

13                (Whereupon, at 10:37 p.m., the 

14   Senate adjourned.)

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