THURSDAY, JUNE 21, 2012

9:22 A.M.

ACTING SPEAKER P. RIVERA: The House will
come to order.
In the absence of clergy, let us pause for a moment of
silence.
(Whereupon, a moment of silence was observed.)
Visitors are invited to join members in the Pledge of
Allegiance.
(Whereupon, Acting Speaker P. Rivera led visitors
and members in the Pledge of Allegiance.)
ACTING SPEAKER P. RIVERA: A quorum being
present, the Clerk will read the Journal of Wednesday, June 20th.
Mr. Canestrari.
MR. CANESTRARI: Mr. Speaker, I move to
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dispense with the further reading of the Journal of Wednesday, June
20th and ask that the same stand approved.
ACTING SPEAKER P. RIVERA: Colleagues, if we
could have some attention, please.
Without objection, so ordered.
MR. CANESTRARI: In terms of the schedule for
today, my colleagues, the members have on their desks the main
Calendar. A debate list will be distributed very soon; it's on its way.
And we need your cooperation today more than ever. This is
Thursday. We would like to move this along. We can do that with
your cooperation.
We intend to work off the main Calendar, of course,
and the debate list, as we did yesterday. A number of committee
meetings will be called off the floor. As of now, those committee
meetings are Housing, Codes, Ways and Means and Rules. There may
be more to follow, but that is at least the four committees that we will
need immediately, Housing, Codes, Ways and Means and Rules,
producing additional calendars, of course, that we intend to act upon
today as the day moves along.
With that as a general outline, if there are
introductions or housekeeping, we will take them up now. There are
neither. So, then hold just a minute and we will proceed accordingly.
Mr. Speaker, we will now go to Rules Report No.
353 on page 11 of the main Calendar, featuring Mr. Phil Ramos all the
way from Long Island. Thank you.
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THE CLERK: Bill No. 9539-D, Rules Report No.
353, Ramos, Sweeney, Englebright, Thiele, Weisenberg, Russell,
Magee, Millman, Perry, Crespo, Schimel, Lupardo, Maisel, Espinal,
Roberts, Bronson, Cusick, Titone, Braunstein. An act to amend the
General Municipal Law, the Vehicle and Traffic Law, the Criminal
Procedure Law and the State Finance Law, in relation to establishing a
traffic and parking violations agency in the County of Suffolk.
ACTING SPEAKER GUNTHER: There is a home
rule message at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER GUNTHER: The Clerk will
record the vote.
(The Clerk recorded the vote.)
MR. CANESTRARI: Colleagues, first vote of the
day, Rules Report No. 353, Mr. Ramos, please. Thank you. Please
join us in the Assembly Chamber. First vote of the day.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: We will now go to Rules
Report No. 400 on page 11 of the main Calendar, Bob Sweeney, also
from Long Island. I don't know if there's a pattern here, but...
ACTING SPEAKER P. RIVERA: Proceeding to
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page 11 -- colleagues, please. I can't hear myself speak. Proceeding
to page 11, Rules Report No. 400, the Clerk will read.
THE CLERK: Bill No. 10585-A, Rules Report No.
400, Committee on Rules (Sweeney, Jaffee, Weisenberg, Colton,
Lifton, Lupardo, Schimel, Zebrowski, Cahill, Englebright, Galef,
Magnarelli, Millman, Benedetto, Castro, Cook, Kellner, Lavine,
Linares, M. Miller, P. Rivera, N. Rivera, Roberts, Rosenthal,
Saladino, Ramos, Abinanti, Hooper, Stevenson, Weprin, Clark,
Castelli, Boyland, Brennan, Curran, Cymbrowitz, Glick, Gottfried,
Jacobs, Katz, Latimer, Lentol, Markey, McDonough, McEneny,
Nolan, Paulin, Perry, Robinson, Thiele). An act to amend the
Environmental Conservation Law, in relation to creating the Sewage
Pollution Right to Know Act.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on May 1,
2013.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
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MR. CANESTRARI: And we will now go to Rules
Report No. 469 off the debate list, page 12, Joe Lentol. Rules Report
No. 469. Thank you.
ACTING SPEAKER P. RIVERA: Page 12, Rules
Report No. 469, the Clerk will read.
THE CLERK: Bill No. 5372-B, Rules Report No.
469, Lentol, Colton, Kolb, P. Rivera, Thiele, Titus, Ramos. An act to
amend the Criminal Procedure Law, in relation to the geographic area
of employment of police officers employed by the State University.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Now we will go to Rules
Report No. 472 off of the debate list as well, on page 12 of the main
Calendar, Joe Morelle. Rules Report No. 472. Thank you.
ACTING SPEAKER P. RIVERA: Rules Report No.
472 on page 12, the Clerk will read.
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THE CLERK: Bill No. 7144-B, Rules Report No.
472, Morelle, Weisenberg, Lavine, Ramos. An act relating to the
sales and compensating use tax on receipts derived from removing
waste material from certain regulated transfer stations or construction
and demolition debris processing facilities.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Moving this along, Mr.
Speaker, let's go to -- or should I say "Mr. Commissioner?"
(Applause)
This is probably not the time, but congratulations.
We'll deal with that later. Let me know when you're having a party.
ACTING SPEAKER P. RIVERA: That was fast.
MR. CANESTRARI: We will now go to Rules
Report No. 237 on page 9, again, Mr. Joe Morelle.
ACTING SPEAKER P. RIVERA: Rules Report No.
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237 on page 9, the Clerk will read.
THE CLERK: Bill No. 10090-B, Rules Report No.
237, Morelle, Abinanti, Simanowitz, Hevesi, Moya, Cymbrowitz,
Latimer, Pretlow, Quart, Lavine. An act to amend the Insurance Law,
in relation to uninsured and underinsured motorist coverage for
ambulance services, volunteer fire departments and voluntary
ambulance services.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 120th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Yes, sir, we will now go to
Rules Report No. 215 on page 8 of the main Calendar, Mr. Morelle
once again. Rules Report No. 215. Thank you.
ACTING SPEAKER P. RIVERA: Turning to page 8,
Rules Report No. 215, the Clerk will read.
THE CLERK: Bill No. 9845-B, Rules Report No.
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215, Morelle, Weinstein, Simanowitz, Hevesi, Moya, Cymbrowitz,
Latimer, Pretlow, Quart, Lavine. An act to amend the Insurance Law,
in relation to unclaimed life insurance benefits.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 180th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Mr. Speaker, we will now go
to Calendar No. 673 on page 41 of the main Calendar, Helene
Weinstein, please.
ACTING SPEAKER P. RIVERA: Calendar No. 673,
page 41, the Clerk will read.
THE CLERK: Bill No. 10047-A, Calendar No. 673,
Weinstein. An act to amend the Estates, Powers and Trusts Law, in
relation to the payment of interest on delayed legacies; and to repeal
paragraphs (d) and (e) of Section 11-1.5 of the Estates, Powers and
Trusts Law and subdivision 7 of Section 2102 of the Surrogate's Court
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Procedure Act relating thereto.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 60th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: Mr. Jordan to
explain his vote.
MR. JORDAN: Thank you, Mr. Speaker.
ACTING SPEAKER P. RIVERA: Colleagues, if we
can give Mr. Jordan some attention, please. Thank you.
MR. JORDAN: Some of our colleagues may be
casting a vote in the negative on this bill, not because of the idea. I
think what we would be looking for is to consider the one problem
that arises is you take an estate and now you're going to create a
problem, especially in smaller estates where at the conclusion of seven
months you may still not know whether there's adequate assets to pay
all debts or you may not have been able to ascertain who all the
beneficiaries are or where they are and you're creating a potential
added expense and complication for the executor. So, the bill is
certainly well intended, makes many important changes, but I think
something to address that, especially with smaller estates, would be
helpful. Thank you, Mr. Speaker.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
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The bill is passed.
MR. CANESTRARI: Sir.
ACTING SPEAKER P. RIVERA: Mr. Canestrari.
MR. CANESTRARI: Moving along, Rules Report
No. 478, page 13 of the main Calendar, Mr. Michael DenDekker.
ACTING SPEAKER P. RIVERA: Proceeding to
page 13, Rules Report No. 478, the Clerk will read.
THE CLERK: Bill No. 9380-B, Rules Report No.
478, DenDekker, Simanowitz, Crespo, Weprin, McDonough, Graf,
Roberts, Hooper, P. Rivera. An act to amend the Executive Law, in
relation to establishing a voluntary surveillance access database.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 180th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Joel Miller to explain his vote.
MR. J. MILLER: Mr. Speaker, are there any
resolutions or other housekeeping?
(Laughter)
ACTING SPEAKER P. RIVERA: For Mr. Miller,
the House is adjourned.
(Laughter)
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Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Yes, I'm here. We will now go
to Rules Report No. 507 off of the debate list, Mr. Kolb, please.
ACTING SPEAKER P. RIVERA: Rules Report No.
507 on page 14, the Clerk will read.
THE CLERK: Bill No. 10723, Rules Report No.
507, Committee on Rules (Kolb). An act making an appropriation to
pay Verna Kirwan, widow of the late Thomas J. Kirwan, Member of
the Assembly from the 100th Assembly District, the balance due of
his unpaid annual compensation for a portion of the year 2011.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Butler to explain his vote.
MR. BUTLER: Yes, to explain my vote. Thank you
very much, Mr. Speaker. I think we all knew Tom Kirwan. He had a
real love-hate relationship with the Albany culture in this House. He
hated the absurdities we sometimes deal with, but he loved the people
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here and he was a very complex and very complicated man. We all
knew him as somebody who had a joke or a ready story to tell. He
appreciated classical music, art, literature. He was very well read.
But, I'm sure if Tom were here today he would stand up and say, you
know, You guys have $134 billion budget and this is the best you
could do?
But in all seriousness, I'm sure Tom's family truly
appreciates this gesture and it's a fitting tribute to a wonderful man
and a great colleague. Thank you, all.
(Applause)
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Next on the list is Rules
Report No. 493 off of the debate list, of course, page 14, Ms. Inez
Barron. Rules Report No. 493.
ACTING SPEAKER P. RIVERA: On page 14, Rules
Report No. 493, the Clerk will read.
THE CLERK: Bill No. 10133-A, Rules Report No.
493, Barron. An act to amend the Executive Law and the State
Finance Law, in relation it to requiring reports by State agencies
relating to certain grants and expenditures made to community-based
organizations.
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ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Now to Rules Report No. 530,
page 15, Joe Morelle.
ACTING SPEAKER P. RIVERA: Turning to page
15, Rules Report No. 530, the Clerk will read.
THE CLERK: Bill No. 10784, Rules Report No.
530, Committee on Rules (Morelle, Cymbrowitz, Simanowitz, Moya
Peoples-Stokes, Hevesi, Abinanti, Latimer, Pretlow, Quart, Lavine).
An act to amend the Insurance Law, in relation to limits on certain
supplementary insurance; and in relation to payments to durable
medical equipment providers.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 180th
day next succeeding the date on which it shall have become a law.
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ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: And now to Calendar No. 506,
page 34 of the main Calendar, Mr. Perry. Calendar No. 506.
ACTING SPEAKER P. RIVERA: Calendar No. 506
on page 34, the Clerk will read.
THE CLERK: Bill No. 4365-A, Calendar No. 506,
Perry. An act to amend the General Business Law, in relation to
restricting pay-per-call services.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 30th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
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The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Now to page 12 of the main
Calendar, Rules Report No. 467, David Weprin, 467. Thank you.
ACTING SPEAKER P. RIVERA: Turning to page
12, Rules Report No. 467, the Clerk will read.
THE CLERK: Bill No. 3729-A, Rules Report No.
467, Weprin, Weisenberg, Ortiz, Brook-Krasny. An act to amend the
Insurance Law, in relation to claims for loss or damage to real
property, continuing education for licensed persons and qualifications
for independent adjusters.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the first
day of January next succeeding the date on which it shall have
become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Jordan to explain his vote.
MR. JORDAN: Thank you, Mr. Speaker. Many of
my colleagues will be voting in the negative on this bill because what
it does is it takes the anti-steering provisions of the Insurance Law that
we're accustomed to in the automobile industry and it extends it to all
property repairs, residential and commercial. It creates a tremendous
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problem, both in terms of what we may want to do as consumers, but
also the way the industry will manage risk-loss which will ultimately
lead to increased premiums. For that reason I'm sure many of my
colleagues will be voting in the negative. Thank you, Mr. Speaker.
ACTING SPEAKER P. RIVERA: Mr. Weprin to
explain his vote.
MR. WEPRIN: Yes, thank you, Mr. Speaker. This
bill will go a long way to solving a lot of consumer problems and
curbing potential abuse and fraud by unscrupulous public or
independent insurance adjusters. How many times has a consumer
been in a situation where there's been damage to his property and he
was told who to do the repairs or which adjuster to use? In this case
the consumer will have a choice, and it also provides for education
and training of public adjusters. I withdraw my request and vote in
the affirmative.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Now to Calendar No. 169 on
page 19 of the main Calendar, Jack McEneny. Calendar No. 169.
ACTING SPEAKER P. RIVERA: Turning to
Calendar No. 169 on page 19, the Clerk will read.
THE CLERK: Bill No. 4975-C, Calendar No. 169,
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McEneny, Canestrari. An act to amend the Education Law, in relation
to charter school tuition.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Cahill to explain his vote.
MR. CAHILL: Mr. Speaker, I'll be brief. Quite
honestly, I don't have a lot to say about this bill, but I do have a lot to
say about its sponsor. He has been a good friend to this House and
somebody who's given us a great deal of sense of place every day that
we're here. It's my belief that this may be his last bill of the season, so
I would just like to wish him well and withdraw my request and vote
in the affirmative.
(Applause)
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Yes, now to Calendar No. 225,
page 22 of the main Calendar, Mr. Michael Benedetto. Calendar No.
225.
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ACTING SPEAKER P. RIVERA: Calendar No. 225
on page 22, the Clerk will read.
Withdraw that request. Mr. Canestrari.
MR. CANESTRARI: Yes, now we'll go to Calendar
No. 179, page 20 of the main Calendar, Ms. Simotas, please.
Calendar No. 179.
ACTING SPEAKER P. RIVERA: Calendar No. 179
on page 20, the Clerk will read.
THE CLERK: Bill No. 5183-D, Calendar No. 179,
Simotas, Hevesi, Benedetto, Colton, Montesano, Roberts, Gunther,
Reilly, Galef, Stevenson, Gibson, Meng, Schimel, Castelli, Raia,
Murray, Burling, Weprin, Titus, Lavine, Perry, Zebrowski, Hooper,
Rosenthal, Titone. An act to amend the Workers' Compensation Law,
in relation to prescription prices and pharmacies for injured
employees.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
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Mr. Canestrari.
MR. CANESTRARI: Yes, and now to Rules Report
No. 451, page 12, Mr. Wright.
ACTING SPEAKER P. RIVERA: Continuing to
page 12, Rules Report No. 451, the Clerk will read.
THE CLERK: Bill No. 9551, Rules Report No. 451,
Wright, Lavine, Castro, Titus, Maisel, Glick, Kellner, Gibson,
Scarborough, Stevenson, Millman, Meng, P. Rivera, Roberts, Farrell,
Crespo, Moya, Weprin, Aubry, N. Rivera, Jaffee, Reilly, Espinal,
Braunstein, Rosenthal, Boyland, Cook, Linares, Colton. An act to
amend the Education Law, in relation to expanding the powers and
duties of the Community District Education Council and restricting
the authority of the City Board of Education of the City of New York
to co-locate schools.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
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MR. CANESTRARI: Mr. Speaker, to the rear of the
Chamber we have some guests visiting us today on this busy day in
our legislative Session, and on behalf of Bill Magee -- if we could
have some quiet, please.
ACTING SPEAKER P. RIVERA: Colleagues,
please, we have guests here. Let's give them our attention.
MR. CANESTRARI: From the Milford Central
School, we have representatives of the student government at the
school who are here, Zachary Aldridge, Sam Aldridge, Dylan Arnot,
Elijah Coley and Francesca Green. They're here with their student
government advisor and librarian, Mr. Philip Durkin. They're
interested in educational issues, of course, and the political process as
well, since they are involved in student government. A word of
welcome to these intelligent students and their advisor from Milford
Central School on behalf of Bill Magee.
ACTING SPEAKER P. RIVERA: Gladly, Mr.
Canestrari. We're glad you're here. Today is the last day of Session
for the year, so you'll see a very, very fast-paced -- and that's between
now and the end of the day. So, please enjoy the time that you're here.
Please enjoy the vibrancy of this Chamber and come back real soon.
On behalf of Mr. Magee, the Speaker and all my colleagues, we wish
you Godspeed in coming back real soon. Thank you for being here
with us today.
(Applause)
Mr. Canestrari.
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MR. CANESTRARI: Now, Mr. Speaker, to Rules
Report No. 444 on page 11 of the main Calendar, Mr. Hakeem
Jeffries. Rules Report No. 444.
ACTING SPEAKER P. RIVERA: Turning to page
11, Rules Report No. 444, the Clerk will read.
THE CLERK: Bill No. 6158-B, Rules Report No.
444, Jeffries, Barron, Boyland, Braunstein, Castro, Cook, Crespo,
Jacobs, Jaffee, O'Donnell, Robinson, Stevenson, Titone, Weprin,
Meng, Millman, Perry, Titus, Espinal, Cusick, Rosenthal, Colton. An
act to amend the Education Law, in relation to imposing a moratorium
on the initiation of school closings in cities with a population of 1
million or more.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 30th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Mr. Speaker, we will go to
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Rules Report No. 65, page 6 of the Calendar, Brian Kavanagh.
ACTING SPEAKER P. RIVERA: Rules Report No.
65 on page 6, the Clerk will read.
THE CLERK: Bill No. 10175-B, Rules Report No.
65, Kavanagh. An act to amend the Election Law, in relation to
canvass procedures; and to repeal Section 9-128 of the Election Law
relating thereto.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: We will now go to Rules
Report No. 476, page 13 of the main Calendar, Naomi Rivera. Rules
Report No. 476. Thank you.
ACTING SPEAKER P. RIVERA: Going to page 13,
Rules Report No. 476, the Clerk will read.
THE CLERK: Bill No. 8801-C, Rules Report No.
476, N. Rivera, Hooper, Weprin, Castro, Ortiz, Crespo, Boyland,
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P. Rivera, Cook, Ramos, Gibson, Roberts. An act to amend the
General Business Law, in relation to the price gouging of medicine.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Yes, sir, colleagues, we will
now go to Calendar No. 640, page 40, Mr. Lentol, please.
ACTING SPEAKER P. RIVERA: Going to Calendar
No. 640 on page 40, the Clerk will read.
THE CLERK: Bill No. 8080, Calendar No. 640,
Lentol, O'Donnell, P. Rivera. An act to amend the Criminal
Procedure Law, in relation to discovery.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This this act shall take effect
immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
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record the vote.
(The Clerk recorded the vote.)
Mr. Jordan to explain his vote.
MR. JORDAN: Thank you, Mr. Speaker. Although
the sponsor is attempting to find a balance in the ever-growing and
changing world of prosecution, I think one of the problems that I
would encourage my colleagues to be aware of and would actually
encourage a no vote is grand jury proceedings are secret. The results
are not, but the proceedings are secret, and why that is so is because
very often the people that are testifying are concerned about their well
being, concerned about their safety, and it's an important right that we
should strive to always protect because often we think of ourselves
and think I would never do anything wrong but, then again, generally
we're not subject to grand jury proceedings. People that are, are after
protecting their safety and their safety alone and will be very content
and comfortable to further break the law by intimidating potential
witnesses. So, by this expansion of discovery, we are opening that
door to take away the very protections that our citizens are entitled to.
So, for that reason, I would encourage a no vote. Thank you, Mr.
Speaker.
ACTING SPEAKER P. RIVERA: Mr. Lentol to
explain his vote.
MR. LENTOL: Thank you, Mr. Speaker. I didn't
realize this bill was up, so please forgive me. I'm a little out of breath.
Well, for many of you who don't know about discovery in New York
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State, I just want to give you a little education. I didn't hear exactly
what Mr. Jordan said, but I want to take you back to a time when O.J.
was on trial and everybody in the State of New York and everybody
throughout the country who watched that trial was not surprised over
the fact that the playing field was always level or should be level in a
trial where every party knows what the other one has in their arsenal
for the trial before the time of trial so that they can investigate what's
going to happen and what witnesses they wish to call. But surprise to
all of us, in New York State that has never been the law. As a matter
of fact, the law is that the only one who knows and has evidence at
their disposal is the prosecution who refuses to turn it over to the
defense. Why? Because the law allows him to. So, you have no level
playing field. Usually, the prosecution knows what the defense has
available at a trial, but that information is not available to the defense
at the same level. So, is that a fair fight? I dare say that it's not. So,
in the bill that we passed on DNA, we passed for the first time in New
York State historic legislation that allowed discovery for post-trial
convictions, not for pre-trial convictions. And what this bill seeks to
do is to have a system put in place where everybody -ACTING SPEAKER P. RIVERA: Mr. Lentol, how
do you vote?
MR. LENTOL: I'm wrapping up, Mr. Speaker -where everybody has the same playing field and everybody plays by
the same rules -ACTING SPEAKER P. RIVERA: Mr. Lentol, how
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do you vote?
MR. LENTOL: -- and in the trial you have a fair
fight. So, of course, Mr. Speaker, I vote in the affirmative.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: We will now go to Rules
Report No. 525 on page 15 of the main Calendar, Steve Cymbrowitz.
ACTING SPEAKER P. RIVERA: Proceeding to
Rules Report No. 525 on page 15, the Clerk will read.
THE CLERK: Bill No. 10609, Rules Report No.
525, Committee on Rules (Cymbrowitz, Weinstein, Brook-Krasny,
Colton, Weprin). An act to amend the Election Law, in relation to
voting materials in Russian.
ACTING SPEAKER P. RIVERA: An explanation is
requested, Mr. Cymbrowitz.
MR. CYMBROWITZ: This bill seeks the same
status for Russian, for the Russian language, that exists for five other
languages relating to all election-related information as required by
the Voting Rights Act in cities with over 1 million residents.
ACTING SPEAKER P. RIVERA: Mr. Jordan.
MR. JORDAN: Thank you, Mr. Speaker. Will the
sponsor yield for a few questions?
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ACTING SPEAKER P. RIVERA: Mr. Cymbrowitz?
MR. CYMBROWITZ: Of course.
MR. JORDAN: Thank you very much. I know we
took this bill up in 2009, and I think one of the requirements, and
correct me if I'm wrong, but I think once a population reaches
500,000, does the law then require the translation?
MR. CYMBROWITZ: Yes, it does. And the bill was
signed by Governor Paterson at that time. As a matter of fact, it was
signed in Brighton Beach with big fanfare, but the New York City
Board of Elections has not followed the law.
MR. JORDAN: So, in this most recent -MR. CYMBROWITZ: This bill mandates now that
they follow that law.
MR. JORDAN: So, in New York City currently, in
the most recent census, does the population exceed the 500,000
threshold, do you know?
MR. CYMBROWITZ: Yes, they do. As a matter of
fact, it's 1.6 million in the tri-state area.
MR. JORDAN: I know some of the concern. This is
a bit off of this, but some people have raised concerns that when you
get so many translations on the ballot, it becomes very difficult to
read. Is there -- have there been efforts to address that concern so that
we don't create a ballot that is, you know, three-feet long but is filled
with so many words no one could ever begin to understand?
MR. CYMBROWITZ: I couldn't answer that for you.
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MR. JORDAN: Okay. Thank you; thank you, Mr.
Speaker.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 120th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Lavine to explain his vote.
MR. LAVINE: Thank you. Just very briefly, having
grown up in a home with a Russian grandmother who struggled but
never could learn too many English words - although she did know the
word in English "store," but that was about it - I want to say how
much we all appreciate, or I appreciate, on behalf of my family, what
the sponsor has done here. We have a growing and vibrant
Russian-speaking community in New York State and in the United
States, and I think that any step that can be taken to ensure that our
new citizens who are not so familiar with our English language are
able to participate in democracy is a step in the right direction. I'm
very pleased and honored, on behalf of my grandma, to cast my vote
in the affirmative.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
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The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: And now to Rules Report No.
519, Mr. Abbate, on page 15 of the main Calendar. Rules Report No.
519.
ACTING SPEAKER P. RIVERA: On page 15, Rules
Report No. 519, the Clerk will read.
THE CLERK: Bill No. 9869, Rules Report No. 519,
Abbate, Colton, P. Rivera, Lancman, Goldfeder, Braunstein,
Benedetto, Dinowitz, Gibson, Kellner, Titone, Simanowitz, Ortiz,
Weprin, Rodriguez, Maisel, Camara, Brook-Krasny, Stevenson,
Scarborough, Robinson, Perry, Millman, N. Rivera, Rosenthal,
Hevesi, Espinal. An act to amend the Racing, Pari-mutuel Wagering
and Breeding Law, in relation to provision of health insurance and
supplemental benefits to retirees of the New York City Off-Track
Betting Corporation; and making an appropriation therefore.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
MR. CANESTRARI: Colleagues, we need you in the
Chamber to vote. Assembly colleagues in the Chamber to vote,
please. Rules Report No. 519. A vote on the floor.
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ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: And now to Rules Report No.
276, page 9 of the main Calendar, Bob Sweeney. Rules Report No.
276.
ACTING SPEAKER P. RIVERA: Rules Report No.
276, the Clerk will read.
THE CLERK: Bill No. 10583-A, Rules Report No.
276, Committee on Rules (Sweeney). An act to amend Section 17 of
Chapter 483 of the Laws of 2010, amending the Environmental
Conservation Law relating to hunting by crossbow, in relation to the
effectiveness thereof; to amend the Environmental Conservation Law,
in relation to crossbow hunting; and to repeal Section 12 of such
chapter relating thereto.
ACTING SPEAKER P. RIVERA: Mr. Sweeney, an
explanation is requested.
MR. SWEENEY: Thank you very much, Mr.
Speaker. This bill, which, as you can see, is an amended version,
essentially extends the status quo for crossbow hunting in New York
State for an additional two years, continues the authorization of
crossbows for an additional two years and represents an agreement
with the Senate.
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ACTING SPEAKER P. RIVERA: Mr. Jordan.
MR. JORDAN: Thank you, Mr. Speaker. Thank
you, Mr. Sweeney. On the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. JORDAN: Although this is an extension of
what was accomplished in 2010, I think the hope in 2010 and,
certainly, since then, was to see an expansion of opportunities for
hunting. I think one of the efforts that was undertaken was to do
something that is vitally important to the preservation of this very
important tradition in our State, especially throughout Upstate, and
that is the youth hunting season. I know great effort was made and,
unfortunately, an agreement could not be made to extend that, but I
think I would encourage a no vote, not because this bill is a bad bill,
but because it could be so much better because if we don't get our
youth hunting, if we don't teach responsible, respectful gun ownership,
a tradition will be lost, but we will also, you know, cause much
greater problems.
So, although I do appreciate Mr. Sweeney's efforts,
certainly, to extend the crossbow hunting season, that will be why
many of my colleagues will be voting in the negative. Thank you, Mr.
Speaker.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
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record the vote.
(The Clerk recorded the vote.)
Mr. Peter Lopez to explain his vote.
MR. P. LOPEZ: Thank you, Mr. Speaker. And
again, this issue, I know, is a very emotional issue for our sportsmen
and we have differences of opinion between those who are, again,
stewards of our forests and our wildlife. At this point, it's my
understanding that this really is the only game in town as far as
extenders go, that there is no other legislation that would extend the
season. I know that the Crossbow Coalition had been more supportive
of another member's bill, but it's my understanding at this point that
they, you know, need the extender. So, the Farm Bureau and the
Crossbow Coalition, to my understanding, support the measure
reluctantly and that the archers are very strongly in support. With that
said, I'll be withdrawing my comments and voting in the affirmative.
Thank you, Mr. Speaker.
ACTING SPEAKER P. RIVERA: Ms. Calhoun to
explain her vote.
MS. CALHOUN: Mr. Speaker, my colleagues, there
does seem to be a lot of discussion on what is or is not the position of
certain groups. Apparently, the crossbow season would continue until
the end of this year as is, but if this piece of legislation does not pass,
then in the future there would not be any crossbow hunting. It's very
important to understand that two major groups who had been opposed
are now, apparently, favoring a yes vote so that if this goes through it
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JUNE 21, 2012

will give them not all they wanted, but a very sufficient amount of the
ability to use crossbows. I, therefore, was a yes, went to a no and
came back to a yes very comfortably. Thank you. I would urge a yes
vote on behalf of those persons who need crossbow hunting. Thank
you.
ACTING SPEAKER P. RIVERA: Mr. McLaughlin
to explain his vote.
MR. MCLAUGHLIN: Thank you, Mr. Speaker. Just
to reiterate what some of our colleagues have said, I would urge a yes
vote on this. I was originally a no, but this is the best we're going to
get at this point. Our other colleague's bill does not appear to be
coming to the floor. This is the best we're going to get, so I would
recommend a yes vote on this bill. Thank you.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Yes, we will now go to Rules
Report No. 503, our colleague, Ed Ra. That's on page 14, Rules
Report No. 503.
ACTING SPEAKER P. RIVERA: Rules Report No.
503 on page 14, the Clerk will read .
THE CLERK: Bill No. 10685-A, Rules Report No.
503, Committee on Rules (Ra). An act in relation to authorizing the
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assessor of the County of Nassau to accept from Family Life Worship
Center, Inc. an application for exemption from real property taxes.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Yes, sir. We'll now go to the
resolutions, I believe they're on page 3 of the main Calendar, and the
resolution by our colleague, Mr. Jeffries, please.
ACTING SPEAKER P. RIVERA: Turning to page 3
of today's Calendar, Resolution No. 1544, the Clerk will read.
THE CLERK: Resolution No. 1544, Rules at the
request of Mr. Jeffries.
Legislative Resolution memorializing the President,
the Federal Trade Commission and the United States Congress to
strictly enforce United States trade laws to protect domestic
information technology and intellectual property rights and address
unfair competition in the marketplace generated by the
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institutionalized theft of information technology and intellectual
property.
WHEREAS, The innovation economy has constituted
the backbone of the United States economy for more than seventy
years; and
WHEREAS, Intellectual property and innovation play
a central role in driving productivity, employment and overall growth
of the U.S. economy, as well as New York State's economy; and
WHEREAS, The United States Commerce
Department reports that technological innovation has been associated
with approximately three-quarters of the United States' average annual
growth since the mid-1940's; and
WHEREAS, Royalties and license fees for United
States intellectual property and technology yielded a $64.6 billion
trade surplus as recently as 2009; and
WHEREAS, The rapid rise in technological
developments by developing nations has presented American
businesses with robust new market opportunities; and
WHEREAS, Some of these countries have fostered
indigenous policies that incentivize the theft of intellectual property
rights, providing an unfair competitive advantage over American
competitors; and
WHEREAS, The United States International Trade
Commission has identified several developing nations as the primary
sources of intellectual property rights infringement in the United
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JUNE 21, 2012

States; and
WHEREAS, The United States International Trade
Commission reports that United States' technology companies lose
billions in sales, royalties and license fees to developing nations each
year due to intellectual property rights infringement; and
WHEREAS, Intellectual property rights infringement,
including violations of copyrights, trademarks, patents and trade
secrets, reduces market opportunities and profits for U.S. firms and
undermine their global competitiveness; and
WHEREAS, The Federal Trade Commission is the
primary enforcement agency for the protection of intellectual property
rights; and
WHEREAS, A bipartisan group of 39 State Attorneys
General wrote to the Federal Trade Commission on November 4, 2011
requesting that it use its powers to first investigate the use of stolen
information technology by certain companies and how such thefts
help these companies gain an unfair competitive advantage in their
respective markets and then seek ways to stop such practices; and
WHEREAS, A bipartisan group of United States
Senators from the Small Business and Entrepreneurship Committee
wrote the Federal Trade Commission on April 12, 2012 urging it to
use its powers to stop the theft of information technology and
intellectual property; now, therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations to memorialize the President, the Federal Trade
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JUNE 21, 2012

Commission and the United States Congress to strictly enforce United
States trade laws to protect domestic information technology and
intellectual property rights and address unfair competition in the
marketplace generated by the institutionalized theft of information
technology and intellectual property; and be it further
RESOLVED, That copies of this Resolution, suitably
engrossed, be transmitted to the President of the United States, the
President of the Senate of the United States, the Speaker of the House
of Representatives of the United States, the Director of the Federal
Trade Commission, and to each member of the Congress of the United
States from the State of New York.
ACTING SPEAKER P. RIVERA: Mr. Jeffries on the
resolution.
MR. JEFFRIES: Yes, thank you, Mr. Speaker. As
our economy continues to recover, its growth and vitality will, of
course, depend, in part, on the ability of technology and innovation
companies to thrive. In order for these companies to succeed,
companies that provide good, strong-paying jobs for New Yorkers, the
intellectual property rights, such as copyright, trademark, trade
secrets, must be respected and protected. The Federal agency charged
with respecting these intellectual property rights is the Federal Trade
Commission, the FTC; it's charged with guarding against unfair trade
competition. And this resolution is simply calling upon the FTC to
aggressively and vigorously enforce these laws on behalf of the
technology and innovation companies here in New York City, New
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JUNE 21, 2012

York State and all across the country. Thank you.
ACTING SPEAKER P. RIVERA: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
adopted.
(Applause)
Mr. Canestrari.
MR. CANESTRARI: And now we will go to Rules
Report No. 473 on page 13 of the main Calendar, Mr. Gary Pretlow.
Rules Report No. 473, please.
ACTING SPEAKER P. RIVERA: Turning to page
13, Rules Report No. 473, the Clerk will read.
THE CLERK: Bill No. 7301-B, Rules Report No.
473, Pretlow, Heastie, Stevenson, V. Lopez, P. Rivera, Linares, Cook,
Boyland, Weprin, Kellner, Simanowitz, Perry, Dinowitz, Camara,
Rodriguez, Robinson, Scarborough, Ortiz, Titone, Colton, Markey,
N. Rivera, Espinal. An act to amend the Racing, Pari-Mutuel
Wagering and Breeding Law, in relation to extending the Catskill
region to include the five counties comprising the City of New York;
and to repeal subdivision 7 of Section 532 of the Racing, Pari-Mutuel
Wagering and Breeding Law, in relation to disposition of revenues.
ACTING SPEAKER P. RIVERA: Mr. Pretlow, an
explanation has been requested.
MR. PRETLOW: This bill simply includes the five
counties of New York in the Catskill Off-track Betting Corporation.
ACTING SPEAKER P. RIVERA: Mr. Ra.
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JUNE 21, 2012

MR. RA: Thank you, Mr. Speaker. Will the sponsor
yield?
ACTING SPEAKER P. RIVERA: Mr. Pretlow?
MR. PRETLOW: Yes.
MR. RA: Chairman, I guess my first and the most
obvious question with this bill is why the Catskill region as opposed to
any other regional OTB, Nassau, Suffolk, anywhere else in the State?
MR. PRETLOW: The Catskill region approached the
former employees of the Off-track Betting Corporation of New York
City, the now-defunct Off-track Betting Corporation of New York
City, and they worked out an arrangement to rehire many of the
employees that lost their jobs due to the demise of New York City.
Other OTB corporations did make offers to take over the territory in
New York City, but those offers were not substantial enough to make
it feasible.
MR. RA: I think, you know, certainly, I wouldn't
disagree with the importance of those representatives being included
in this discussion as we talk about a few years after the fact of the
closure of New York City OTBs. I think it's come time that we do
want to put these people back to work and there should be some type
of market within the five boroughs of New York City for an OTB, but
I'm curious, were any other groups included in these discussions
besides the union and the OTBs, you know, be it the Governor's
office, the City itself?
MR. PRETLOW: I do not know.
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MR. RA: Okay. Because I do think that if we're
going to allow the Catskill region to come into New York City,
certainly, New York City is an important stakeholder to be included in
those discussions. Does this bill make any provisions for any other
OTBs, be it in terms of restrictions on where they can locate these
branches or any type of monetary payments to any other regional
OTBs?
MR. PRETLOW: No. They will make the normal
statutory payments to the City of New York and also what goes to the
corporate entity known as Catskill.
MR. RA: So, what type of statutory payments then
will the City be eligible for under this legislation?
MR. PRETLOW: The same percentage that normal
counties get. You know, the net revenues that are distributed to the
participating counties, whatever that works out to. It depends on what
the handle is.
MR. RA: And the net revenues do, as part of the
formula, at least, relate to the population of the included counties,
correct?
MR. RA: Yes, yes.
MR. RA: Now, is there any concern here, then, that
we're adding the City of New York to a region -- and I believe the City
of New York's population under the 2010 census is almost three times
the population of the rest of the current Catskill region of the OTBs.
Does that have the potential, depending upon the success of this, to
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JUNE 21, 2012

draw revenues away from those other counties?
MR. PRETLOW: I think they'll be done in an
appropriate manner. Distributions will be made.
MR. RA: Okay. And there's also, in addition to the
net revenues, as I'm sure you're familiar with, under 5532 of the
Racing, Pari-Mutuel Wagering and Breeding Law, there is the
surcharge payments that the host counties of OTBs, the included
counties in these regions are eligible for. Would New York City be
eligible for that under this?
MR. PRETLOW: Yes.
MR. RA: Now, doesn't that require, though, that a
county or a city adopt a local law enabling them to be entitled to those
revenues?
MR. PRETLOW: There was no local law prior to
that, no.
MR. RA: New York City never had a local law
relating to their OTBs?
MR. PRETLOW: New York City never had a local
law, no.
MR. RA: Do you know if there are any other
counties included in OTB regions that don't have local laws?
MR. PRETLOW: I'm not sure.
MR. RA: Okay. Because it does -- within that
provision of the law -MR. PRETLOW: Mr. Speaker, I cannot hear Mr. Ra
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JUNE 21, 2012

at all.
ACTING SPEAKER P. RIVERA: Colleagues, if we
could have some attention to the debate, please. Thank you. I'm
sorry, Mr. Pretlow.
MR. RA: I believe within that provision of law it
does explicitly state that to be eligible for that surcharge that a county
or city over 1 million in population does need to adopt a local law in
order to be eligible, so that kind of brings into question to me whether
this might be subject to some legal challenges and whether or not this
is really going to be able to function in the way it's supposed to.
MR. PRETLOW: Well, per the bill, everything will
have to go through the Racing and Wagering Board.
MR. RA: I'm sorry, I didn't hear that.
MR. PRETLOW: I said according to the bill,
everything would have to be approved through the Racing and
Wagering Board.
MR. RA: And that's for the business plan that's
required by this legislation, correct?
MR. PRETLOW: Yes.
MR. RA: And what is required in this business plan?
What needs to be set out by the Catskill region before they can open
these branches in terms of locations and equipment, real estate, all of
that that they must either acquire or lease in order to be able to
function?
MR. PRETLOW: Well, it would be like a normal
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business plan. Locations would have to be determined by the
corporation and then approved by the Site Selection Board, just as it
was in the past, except for existing locations may have an expedited
process, but it still must go through that process. Equipment will be
purchased by the corporation, Catskill, and employees will be hired by
the corporation, Catskill.
MR. RA: Okay. Existing location, you mean places
that had a New York City OTB parlor previously?
MR. PRETLOW: Yes. If that exact location was
formerly an OTB parlor two years ago and it's still available and the
corporation wanted to use that location, they would still have to go
through the Site Selection Board, but it would be an expedited
process.
MR. RA: Okay. I guess one other question I have
with regard to this is does this bill in any other way change anything
with regard to the function of OTBs in terms of the payments they're
required to make, the financial restrictions that they normally have
under how they can spend certain parts of their budget, whether it be
their operating budget, their capital budget?
MR. PRETLOW: No. They will still have to
maintain all the statutory payments, as all the OTB corporations do.
MR. RA: And with regard specifically to the Catskill
OTB, does this change in any way the way in which they can use their
budget?
MR. PRETLOW: No.
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MR. RA: Okay. Are you aware of whether the
horsemen support this bill?
MR. PRETLOW: The horsemen?
MR. RA: Yes.
MR. PRETLOW: I have not -- which horsemen?
There are several groups of horsemen.
MR. RA: Yonkers, any of the -MR. PRETLOW: My concern is more with the
employees of DC37, the union in the City of New York, and trying to
rebuild jobs in the City of of New York that were, unfortunately, taken
from them through no fault of their own. This proposal will increase
the number of people employed in the City of New York and, yes,
Yonkers is not happy because they have been taking their own bets
and they feel that this will decrease the handle that they're receiving.
MR. RA: Certainly, understandably so. I mean, I do
share your concern for, you know, those workers that were displaced.
Just a few minutes ago, you know, I voted for the bill to provide
health benefits and all of that, so I think this is -- that is an important
concern. And, like I said, they do deserve to be at the table, but my
concern is with -- there certainly are other stakeholders that need to be
included in this discussion.
One, I guess, other question I have with this is does
this in any way address the liabilities that are outstanding from New
York City OTB, whether it be -MR. PRETLOW: Absolutely not. New York City
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OTB is a defunct organization. It is no longer in existence and all of
their obligations are defunct with them. This is a brand-new piece of
a corporation. It's expanding a territory.
MR. RA: It's not expected, then, that they could, by
starting this up, be liable for any of those -- and I know there are
several million dollars that are owed to the industry and other places
by the New York City OTB.
MR. PRETLOW: That's not the intent.
MR. RA: Okay. Mr. Speaker, on the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. RA: My colleagues, as I stated, this is a bill and
an attempt to put these union workers of the former New York City
OTB back to work, which I think is an important and laudable goal. I
think a few years after the closure of New York City OTB we are
getting to a point that it is important to be thinking about putting them
back to work, but to come to this conclusion, to do this with the
Catskill OTB and just decide that just that union and the Catskill OTB
can come together and decide this is how we should restart the New
York City market for OTBs really doesn't make sense to me. There
are many other stakeholders that need to be included in that
conversation. The City of New York that is going to have these OTB
parlors open up certainly needs to be a part of that discussion. So, it's
kind of disturbing to me that they weren't.
But there's also a kind of broader picture issue here.
It's no secret that our OTBs throughout this State are struggling. We
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just had to pass legislation to enable Suffolk to file bankruptcy
because they had been, you know, blocked in court from doing so.
Many of the other OTBs are struggling, and we've gotten to a point
that this model is, you know, somewhat outdated. I don't think that
we necessarily need to do away with the OTB model because I think it
can function properly to provide aid to the participating counties, but
the time has come for us to look at this model and think about giving
these OTBs the flexibility they need to be profitable once again and
provide funds back to our struggling counties.
Counties all over this State are struggling, and if the
OTBs could be relieved of some of the payments that were put into
place at a much different time in this industry when some other
interests needed to be somewhat subsidized, now it's kind of turned on
its head. The OTBs need help. They need to be relieved from some
of these statutory duties. They're actually, in many cases, going and
sending money to very profitable other entities within this industry
where they, themselves , are struggling and it's really causing them to
fail one by one. That's why we had the issue with New York City
closing, that's why Suffolk is in the shape they're in, and it's something
we really need to continue to look at, not just kind of on a piecemeal
basis, deal with these issues so that we're not here a few years from
now trying to make provisions to take care of some other workforce
that was displaced by the closure of some other region of OTBs. I
think that it's essential that we look into that at this time when our
counties could really use the revenue that could be produced.
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Additionally, as a representative of Nassau County,
this bill is taking the Catskill region, bringing it down into New York
City. Our local OTB already has all the internet sites to compete with,
all of the, you know, advanced deposit wagering, the Belmont Cafe
right at the racetrack, Belmont Racetrack in my district, and now the
potential for additional competition right over the Nassau-Queens
border without any protections or provisions being made to protect
that OTB that, like I said, should be bringing in revenue to help our
county, which it's no secret is in difficult financial times. We're trying
to do the best we can to pull ourselves out of those times, but we need
and deserve that help.
So, without those type of protections in place to
protect counties like Nassau, Suffolk and any other OTB throughout
this State who deserves at least the opportunity to be somewhat
relieved of the burdens currently on them when we're taking this
action, I can't support this legislation. I think it's a bad thing all
around, including for the counties of the City of New York, including
for the counties within the region who have the potential, based on -like I said earlier, this region currently has a population of about a
third of the size of the population of New York City. So, depending
on how this works, and there are portions of revenue under the Racing
and Wagering Law that are distributed based on population, it could
also start to draw from some of those counties, the 13 counties within
the current Catskill region.
So, I would urge my colleagues to seriously consider
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the implications of this bill and vote no on it. Thank you.
ACTING SPEAKER P. RIVERA: Mr. Aubry.
MR. AUBRY: Thank you, Mr. Speaker. Will the
sponsor yield to some questions?
ACTING SPEAKER P. RIVERA: Mr. Pretlow?
MR. PRETLOW: Absolutely, Mr. Speaker.
MR. AUBRY: Mr. Pretlow, can you tell me with any
degree of certainty what is the financial benefit for the Catskills OTB
to run this operation?
MR. PRETLOW: The financial benefit will be that
they'll take a 17 percent takeout from all bets placed in New York
City. That will be divided. A certain amount will go to the tracks that
send the signal, another percentage will go towards the statutory
payments to the State in a way of a fee that's charged, and the rest
goes to their operations, which is used for payroll and for rent and for
other items.
MR. AUBRY: And do we have an estimate in real
dollars what that means?
MR. PRETLOW: The real dollars is dependent upon
how many units are opened. We have no idea how many units will be
opened initially or into the future. New York City, when it was in
operation, had over a billion dollars of handle, and New York City
benefitted by that by a little over $14 million -- I'm sorry, $26 million,
and the rest was used for operations.
MR. AUBRY: In regard to the reopening of parlors, I
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think you indicated there's no guarantee that existing facilities that
were operating as OTB parlors will be now operated in that capacity
because there were existing leases that were all voided?
MR. PRETLOW: Many of the leases -- I don't know
if the leases were voided or not. I do know that some of the properties
are available. You have to remember, New York City OTB was
defunct two years ago. I don't know how many of those parcels are
still available. Many have been rented to other entities, but there may
still be a few that are available.
MR. AUBRY: And is there any involvement or is
there any requirement that an OTB parlor be approved by a local
community board?
MR. PRETLOW: Yes, there is. If it's an existing,
yes, they have to go through the same site selection process as was
done before, the community board, a public hearing, approved by
Racing and Wagering, and everything else that was necessary prior to
that.
MR. AUBRY: Right.
MR. PRETLOW: Except if they were an entity that
was in existence at the exact same location, then they expedite that by
eliminating the community board section, but everything else still has
to take place.
MR. AUBRY: Relative to the -MR. PRETLOW: I mean, the public hearing, not the
community board.
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MR. AUBRY: Right, the public -- they still have to
go to a community board?
MR. PRETLOW: Yes.
MR. AUBRY: But they don't have to have a public
hearing?
MR. PRETLOW: A public hearing, yes.
MR. AUBRY: You mean the community board
doesn't have to have the public hearing or the OTB?
MR. PRETLOW: The community board is part of
the site selection committee, so the community board, if they so
choose, can say that they do not want an OTB to reopen in that
location.
MR. AUBRY: So, a community board on its own
could say, Here's an application to reopen a site. We never liked it,
but we'd like a public hearing on that site?
MR. PRETLOW: Well, the chair of the community
board serves on the Site Selection Board.
MR. AUBRY: Right. So, he has the ability to do
that. I'm more concerned about -MR. PRETLOW: They have the ability to say no.
MR. AUBRY: They have the ability to say no. And
relative to restrictions on where parlors go, in the instance where SLA,
the Liquor Authority, has distance limits to churches and certain other
instances so we protect some of our institutions from the sale of liquor
in our communities, is there any such requirement for OTB parlors?
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Mr. Speaker.
ACTING SPEAKER P. RIVERA: Mr. Aubry.
MR. AUBRY: I just would like people to settle
down.
ACTING SPEAKER P. RIVERA: Colleagues, if we
could have some order here, please.
MR. PRETLOW: Yes. All existing rules will
continue to apply.
MR. AUBRY: And do those existing rules limit the
distance an OTB parlor can be -- well, here it is.
MR. PRETLOW: I'm not sure.
MR. AUBRY: The answer is coming in. You can
answer it if they're going to give you the answer. No one on your staff
knows that answer?
MR. PRETLOW: There are no restrictions.
MR. AUBRY: There are no restrictions?
MR. PRETLOW: No. I don't believe there are any
restrictions. I don't want to say -MR. AUBRY: You don't believe that there are. Was
there any discussion when we redid this whole deal of allowing those
restrictions to be viewed or talked about? Did we have discussions
with community boards or the City relative to -- now that we have a
new deal? Because two years has gone by, a whole new world is in
existence. We could have renegotiated that and given some controls
relative to where they're placed.
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MR. PRETLOW: No, there haven't been discussions
with them, but that's why Racing and Wagering was given the
responsibility of overseeing all of this.
MR. AUBRY: So, Racing and Wagering could
establish those restrictions?
MR. PRETLOW: Yes.
MR. AUBRY: They could?
MR. PRETLOW: Yes.
MR. AUBRY: But there's no requirement that they
do so?
MR. PRETLOW: No requirement.
MR. AUBRY: Okay. Thank you very much.
ACTING SPEAKER P. RIVERA: Mr. Goodell.
MR. GOODELL: Would the sponsor yield?
ACTING SPEAKER P. RIVERA: Mr. Pretlow?
MR. PRETLOW: Certainly.
MR. GOODELL: Mr. Pretlow, as you know,
probably eight to ten years ago, Frank Stronach submitted a bid to
New York City for -- submitted a bid to New York City to acquire the
New York City OTB and, as I recall, his bid was $2 billion. My
question is has there been any competitive bidding process to see if
there's any private sector interest that might result in revenue? I
understand Mr. Stronach is not currently interested in paying $2
billion for the remnants of the OTB, but has there been any private
sector bidding?
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MR. PRETLOW: Not to my knowledge.
MR. GOODELL: We went through a fairly extensive
bidding process, as you know, when the NYRA franchise came up.
Have any of those former bidders been contacted or solicited?
MR. PRETLOW: Most of those former bidders are
defunct now, but, no. The answer is no.
MR. GOODELL: Do you know whether NYRA
itself is interested in picking up the OTB franchise in New York City?
MR. PRETLOW: I think NYRA has other issues to
deal with before they can do this.
MR. GOODELL: I'm sorry, I can't -MR. PRETLOW: I think NYRA has other more
pressing issues at the time. No, they are not interested in opening
OTB parlors.
MR. GOODELL: Now, under existing law, NYRA
has the ability, don't they, to put in teletheaters in New York City?
MR. PRETLOW: Yes, they do.
MR. GOODELL: Are they proceeding with that?
MR. PRETLOW: I don't know. I do have in my
possession a plan to do such a thing, but I don't know if they're
interested in doing it right now.
MR. GOODELL: Am I correct that this bill does not
change any of the operating restrictions that apply to the OTB in
relationship to selling food or beverages or those types of restrictions?
MR. PRETLOW: You are correct.
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MR. GOODELL: What is the position of the City of
New York as it relates to this bill, do you know?
MR. PRETLOW: I don't know, but I'm hearing that
they would like to have had more input in it.
MR. GOODELL: Thank you. I appreciate the
clarification, Mr. Pretlow.
On the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. GOODELL: I share the concerns expressed by
my colleague, Assemblyman Ra. We know that this franchise might
have value because there was a public bid that was made by Frank
Stronach and Magna Entertainment. Granted, it was a number of
years ago, but it was a substantial bid. It was a bid of $2 billion and
the City turned down that bid and, eventually, the New York City
OTB went bankrupt and the City taxpayers got nothing, other than the
remaining liabilities. When a NYRA franchise came up for a bid, we
opened that up for a bid and we got a lot of interest from companies
we didn't know existed, some of which no longer exist, but we had
bids where companies were offering to pay the State of New York a
third of a billion dollars just for the franchise. It seems to me that
before we award a franchise for this area to Catskill OTB, it would
behoove us, on behalf of the City residents and the taxpayers, to go
through that type of competitive bid process. And if, indeed, Catskill
OTB submits the best bid, then by all means, we should approve it.
But until we ask in an open, formal manner with ground rules that are
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fair and equitable to find out who is out there and who is interested
and what they can do and what they can pay and who they can employ
and how many people will be affected, I think it's premature to grant a
franchise to one particular entity.
I'm also concerned, as has been mentioned, we had
the New York City OTB. They went bankrupt. And here we're asked
to approve a bill that doesn't change the way they operate, doesn't
change any of the restrictions. So, we have a situation where they're
going to use the same sites, the same employees, the same operating
restrictions and we expect a different result? It kind of defies business
logic. And to top it off, we have the City of New York who has not
been involved in the process. And how many times just this week
have we passed bills calling for more involvement by the City and the
communities within the City? And here we're moving forward on a
franchise without any City involvement or hearings? It seems to me
this bill is premature, and until these issues are addressed and the
process is addressed, I would recommend that we hold on this bill and
do it right and get it right so that the employees will be successful and
the taxpayers will be successful and the winning entity will be
successful. Thank you, Mr. Speaker.
ACTING SPEAKER P. RIVERA: Mr. Pretlow.
MR. PRETLOW: Mr. Speaker, would Mr. Goodell
rise?
ACTING SPEAKER P. RIVERA: Mr. Goodell, do
you yield?
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MR. GOODELL: Of course, Mr. Pretlow.
MR. PRETLOW: I normally don't do this, and I try
to keep my debates at a minimum, but you said something that really
got under my thin skin, that this is premature. New York City OTB
has been closed for two years. Almost 1,000 individuals have been
out of work and looking for work for those two years. Eight hundred
individuals lost their health insurance, retired individuals. As we
speak, they are dying. This is an effort to put that back together to
some extent. We can't totally do it, but to some extent get people
working again in the City of New York and in the State of New York.
How you can stand there and say this is premature
after two years? If anyone was interested in increasing their presence
in New York City as part of OTB, they would have done it by now.
Nobody did it. The only person that got up was Capital -- I'm sorry,
was Catskill OTB. Are there issues with Catskill? Absolutely. But
they're the ones that stepped up to the plate, said that we are going to
do everything that we can to put these people back to work and that's
what we're trying to do right now. So, for you to say this is premature,
I think, is just a misstatement totally and I just can't let that one
statement stand.
MR. GOODELL: If I may, Mr. Pretlow, I appreciate
your desire to move this forward as quickly as possible to help the
employees that were laid off from the OTB. I appreciate that and I
support that and I think you're right on target. Of course, it begs the
question: Why didn't we start this competitive bid process two years
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ago, Mr. Pretlow? Why have we been waiting two years? And then at
the end of two years, we come here and we say, Oh, we didn't go
through a competitive bid process, we don't know who's out there,
who's interested, we don't know what the offers might be. But because
we haven't done anything for two years we should accept this. Is this
on a temporary basis? Are we approving this franchise on a
temporary basis while we go through a bid? If so, I support it. But, if
it's a permanent proposal where we're following a failed business
model with all the same restrictions and all the same problems, I don't
see it as a long-term solution. And I would like to see those
employees put back to work, like you, as soon as possible, but I want
them to be working next year and five years from now and ten years
from now. So, why are we going down this process two years late
without addressing any of the business problems?
(Applause)
MR. PRETLOW: This has been worked on for the
past two years. This is the culmination of those talks. Was there a
public bid? No. We did speak with Nassau, we did speak with
Capital, we did speak with NYRA. The only person that came up
with a deal that was acceptable at this point was Catskill, and that's
why they were chosen.
MR. GOODELL: Well, I truly do hope that Catskill
will be successful. But my concern -- and I know you know this more
than I do because you've been an expert in this field for decades, I
know you're an expert. But, we both know this business model has
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serious, serious flaws, and my concern is rather than get people
employed on a long-term basis, it will bury Catskill just like it's been
burying the rest of the OTBs across the State. And so, I am hopeful
that as we look at this in the future, that your Committee, with your
expertise, will help reform the business model so we can keep these
OTBs successful in the future. Thank you.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Raia to explain his vote.
MR. RAIA: Thank you, Mr. Speaker. I rise to
explain my vote. I will be voting against this, quite honestly. OTB is
a failed business model, whether it's due to mismanagement, whether
it's due to too-modern technology. I think it's a combination of both.
But, obviously, when we tinker with one region, we should be
tinkering with all the regions. Suffolk County OTB has filed for
bankruptcy. They're forced to make contributions as if they actually
had a regional track in Suffolk County, but they don't. So, they have
to pay the same as everybody else. Suffolk County is more than
capable of taking over New York City's OTBs. The fact that there
was no RFP process for this, the fact that we are just furthering a bad
business model that is not keeping pace with the times is most
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unfortunate, because I fear that we will be having this conversation
over and over and over and over and over -- oh, I'm sorry -- and over
again until OTB is defunct in every region. With that being said, I
withdraw my request and vote in the negative.
ACTING SPEAKER P. RIVERA: Ms. Calhoun to
explain her vote.
MS. CALHOUN: Mr. Speaker, my colleagues, I
happen to be in the area of the Catskill OTB, and I am very pleased to
tell you that just as they touch Nassau County, Catskill OTB also
touches New York City because it includes Orange and Rockland -well, Rockland County, which touches New York City. I am very
proud to tell you that they apparently are doing the job well, and that I
applaud the former speaker who represents Racing and Wagering as
its chairman in recognizing that. There were interviews held. It's a
shame that it had to go two years without getting a solution, and I
would like to hope that they will be open to changes in business
models when necessary. But, I just don't think it's right when Nassau
failed and Suffolk has problems that you turn around and you decide
that because it wasn't that agency that, therefore, it's not going to do a
good job.
So, my vote will be in the affirmative for this, and my
point will be that we should keep an eye on this and see that it does
what it should do, but recognize that Catskill OTB is doing a good job
or they would not have been selected. Thank you. My vote is in the
affirmative.
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ACTING SPEAKER P. RIVERA: Mr. Vito Lopez to
explain his vote.
MR. V. LOPEZ: I'm going to vote yes.
ACTING SPEAKER P. RIVERA: Mr. Vito Lopez
says that his explanation is a yes; am I correct?
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Mr. Speaker, my colleagues, if
I could have your attention. To the rear of the Chamber we have some
distinguished visitors. And I'm speaking slowly so the words -- my
pearls of wisdom could be translated. From Ukraine, and on behalf of
our colleague, Alex Brook-Krasny, we would like to welcome our
guests from Ukraine. The delegation is from the Cherkasy Region in
Ukraine. I told the Governor earlier that in my hometown of the City
of Cohoes we have a very large Ukrainian-American community, with
an Orthodox church in the neighborhood, as well as a UkrainianAmerican Social Club that is very well attended by all of us at various
functions during the course of the year.
The delegation of the Cherkasy Region that is here
represents Ukrainian citizens, and they're here to express appreciation
for the American relationships with Ukraine, as well as our State's
government and its involvement with Ukraine and to learn more about
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our American community as well as Ukrainian-Americans. Among
our distinguished visitors is the Governor of the Cherkasy Region, the
Mayor of Uman, the President of the Cherkasy University, as well as a
number of very distinguished business leaders that head major
companies in Ukraine.
So, it is our pleasure to welcome this delegation from
the Cherkasy Region of Ukraine as they visit the State of New York
and the Assembly on the 16th anniversary of the adoption of the
Ukrainian Constitution. So, Mr. Speaker, on behalf of all of us and
particularly Alex Brook-Krasny, a word of welcome to these
distinguished elected officials from Ukraine.
ACTING SPEAKER P. RIVERA: Gladly, Mr.
Canestrari. Thank you for being here and thank you for helping us
celebrate your 16th anniversary. It's nice to have you here. I know
that at the end of your visit there will be closer relationships between
of our State and your country and your State. At the end of your visit
there will be closer relationships between our cities and your cities.
So, on behalf of Mr. Alex Brook-Krasny, the Speaker and all my
colleagues, please enjoy the privileges of the floor. Please come back
real soon and, again, we want to thank you for being here today.
(Applause)
Mr. Canestrari.
MR. CANESTRARI: Mr. Speaker, the next three
bills that we intend to take up are Rules Report No. 531 on page 15 of
the main Calendar, Joe Morelle, followed by Rules Report No. 340 on
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page 10 of the main Calendar, Helene Weinstein, followed by
Calendar No. 220 on page 21 of the main Calendar, Speaker Sheldon
Silver. Rules Report No. 531, Rules Report No. 340, Calendar No.
220. Thank you.
ACTING SPEAKER P. RIVERA: Commencing
with Rules Report No. 531 on page 15, the Clerk will read.
THE CLERK: Bill No. 10785, Rules Report No.
531, Committee on Rules (Morelle, P. Rivera). An act to amend the
Labor Law, in relation to permitted deductions from wages; and
providing for the repeal of such provisions upon expiration thereof.
ACTING SPEAKER P. RIVERA: Mr. Morelle, an
explanation is requested.
MR. MORELLE: Yes, thank you, Mr. Speaker. The
bill seeks to both reform and provide a modest expansion of the
statute that relates to the deduction of wages from a employee's
paycheck.
ACTING SPEAKER P. RIVERA: Mr. Jordan.
MR. JORDAN: Thank you, Mr. Speaker. On the
bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. JORDAN: In the past, there has been significant
and well-placed opposition to this bill in that it would continue to add
further challenges to our already over-challenged businesses,
especially small businesses. But, there has been continued work by
the sponsor to address those concerns, and although if I were to write
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my wish list, he didn't get all the way there, but they certainly made
significant improvement which really has caused groups that are, I
think, important representatives to our small businesses, NFIB, the
Business Council, they have taken the position that this continues to
be an improvement and always a work in progress. But, I appreciate
the efforts to make this bill better so that our businesses can continue
to try to survive. So, I did want to let the House know that this bill
has made some considerable improvements. Thank you, Mr. Speaker.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
We will proceed to Calendar No. 220 on page 21, 220
on page 21, the Clerk will read.
THE CLERK: Bill No. 6698-C, Calendar No. 220,
Silver, Wright, Brennan, Millman, Lentol, Glick, Gottfried, Abbate,
Kavanagh, Lancman, O'Donnell, Pretlow, Rosenthal, Castro, Schimel,
Jaffee, P. Rivera, V. Lopez, Hevesi, Titone, Jeffries, Farrell. An act to
amend the Labor Law, in relation to independent contractors.
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ACTING SPEAKER P. RIVERA: An explanation is
requested from Mr. Silver. Mr. Wright.
MR. WRIGHT: Mr. Silver Wright. Okay. Yes, Mr.
Speaker, thank you. Traditionally, the Labor Law protects employees
who are not compensated for their work. These employees have the
right to file complaints with the Department of Labor and the
Department can take action against employers. In contrast,
compensation to independent contractors is not guaranteed, and their
main forum for relief is small claims court. Unfortunately, going to
small claims court can be very, very expensive and absolutely timeconsuming and with no process of success guaranteed. This bill
would give independent contractors the right to file complaints with
the Department of Labor and empower the Department to recoup
unpaid compensation on their behalf. To further protect independent
contractors the bill would require written agreements between
independent contractors and clients.
ACTING SPEAKER P. RIVERA: Mr. Jordan.
MR. JORDAN: Thank you, Mr. Speaker. On the
bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. JORDAN: You know, I think during last year's
debate one of the main themes was New York State really ought not
interject itself into contracts between two businesses or individuals or
whatever the case may be. We have a unique issue, I think, that
probably exists in the Downstate area regarding freelancers, but the
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problem is this bill isn't limited just to freelancers. So, what we see is
the problem when the State attempts to interject itself in contract,
problems are determined and then there's an effort to begin carving
out groups to address those problems. But, inevitably, you're not able
to capture all of the problems that are created, and you leave entire
groups, entire segments, in an awful position. We should leave
contract to the parties. The State certainly has the ability to set terms
as to what it may view as our unconscionable terms or unconscionable
conditions, but that's not what this does. It simply guarantees a
payment to someone who may or may not have done the work, who
may or may not have had a contract. So, for that reason, although
there are some improvements because they attempt address some of
the weaknesses, I think many of my colleagues will still be voting in
the negative. Thank you, Mr. Speaker.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
We will proceed to Rules Report No. 340 on page 10,
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the Clerk will read.
THE CLERK: Bill No. 10629-A, Rules Report No.
340, Committee on Rules (Weinstein, Lentol, V. Lopez, P. Rivera,
Robinson, Colton, Hooper, Clark, Lavine, Weprin, Rosenthal,
M. Miller, Abinanti, Weisenberg, Barrett, Brindisi, Bronson,
Zebrowski, Roberts, Russell, Ramos, Gabryszak, Skartados,
Cymbrowitz, Schimel, Jaffee, Kearns). An act to amend the Penal
Law, in relation to enacting the "Foreclosure Fraud Prevention Act of
2012."
ACTING SPEAKER P. RIVERA: Ms. Weinstein, an
explanation is requested.
MS. WEINSTEIN: Thank you, Mr. Speaker. This is,
as it says there, the Foreclosure Fraud Prevention Act of 2012. It is an
Attorney General program bill which seeks to protect New Yorkers
facing foreclosure of their homes from robo-calling -- rather, robosigning and other fraudulent business practices during the foreclosure
process by imposing both misdemeanor- and felony-level penalties on
those who intentionally engage in such conduct and on high
managerial agents of residential mortgage businesses who know about
such fraudulent conduct by their employees and agents but fail to take
reasonable measures to adopt it. We enact several additional crimes,
residential mortgage fraud in the second degree, residential mortgage
fraud in the first degree, and the bill defines those provisions. I would
be happy to respond to specific questions on the Act.
ACTING SPEAKER P. RIVERA: Mr. McKevitt.
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MR. MCKEVITT: Will the sponsor yield for a few
questions, please?
ACTING SPEAKER P. RIVERA: Ms. Weinstein?
MS. WEINSTEIN: Yes, I would be pleased to.
MR. MCKEVITT: Can you just explain for everyone
in the Assembly just what we're dealing with? What was happening
with the robo-signing of documents that, I guess, precipitated the need
for this bill?
MS. WEINSTEIN: Well, what was happening is that
thousands, at times thousands of documents were being submitted
with information that had not been verified as to whether the bank -in the instance that became public it was the Bank of America -- had
any real knowledge that they were, in fact, the holder of the mortgages
that they were foreclosing upon, and many homeowners were brought
into court and faced the possibility of having their home lost through a
foreclosure process when, in fact, the wrong party was bringing the
action. So, this legislation builds on other protections we have put in
place to ensure that the foreclosure action takes place only on valid,
correct documents and not on documents that are erroneous.
MR. MCKEVITT: I guess in response to, I guess, the
robo-signing scandal where, again, it was even admitted by the Bank
of America that this was a quite prevalent practice, I think even the
Chief Judge of this State in 2010 started a new system whereby
attorneys must now do an additional step and investigate and certify
these documents to ensure that, indeed, the proper party is bringing
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the foreclosure action, right?
MS. WEINSTEIN: Yes, correct. And by this action
we move to the actual people, the lenders, who are committing fraud.
MR. MCKEVITT: Right. I guess building upon that,
I think within the last ten days we passed another bill which would
require, I guess, an additional certification by the attorney to ensure
that, again, the party who is the plaintiff is, indeed, the right one
before this court.
MS. WEINSTEIN: Correct.
MR. MCKEVITT: So, in that case, again, my
understanding was after the Chief Judge promulgated that regulation
about two years ago, my understanding is there was a significant drop
in the filings of foreclosure actions in the State, throughout the State,
because of this. So, I guess in one instance we have already combated
part of the problem or, I guess, part of the crisis, by saying that, you
know, if the attorney is going to bring an action for foreclosure, they
have to do some investigation to make sure that, indeed, even if it was
robo-signed, make sure the proper party and the proper instruments
are in their possession before they start these actions.
MS. WEINSTEIN: That's correct. And then this bill
digs even further down to create crimes for the individuals associated
with the lender, with the plaintiff, in an action that would fraudulently
prepare documents, that have -- intentionally engages -- the language
we use is "...intentionally engages in fraud or deception by
authorizing, preparing, executing, offering or presenting for filing any
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written instrument which such person knows contains material false
statements, material false information or material omission." This
was the information they would know that would not be necessarily
within the knowledge of the attorney who would be asked to sign the
certifications of the prior bill we passed.
MR. MCKEVITT: Right. So, I guess it's really the
point of this to really go and -- again, we've had a crisis and we're
trying to deal with it the best we can, but to put banks on further
notice that they start engaging, or whether it be attempting to engage
in such practices again that we're going to impose not only whatever
civil remedies we are already going through, but we're actually going
to issue criminal sanctions including imprisonment for this conduct as
well.
MS. WEINSTEIN: Correct. We want to ensure that
no New Yorker loses their home in a foreclosure action because of
fraud committed by the lender.
MR. MCKEVITT: Just a question. When you talk
about creating this new crime of residential mortgage foreclosure
fraud, it just seems to me to be duplicative to some extent, only that
when I look at, for example, the definition of filing a false instrument
in the second degree, it seems to me that the language is very similar.
So, from my perspective, isn't this practice already outlawed in current
New York State law?
MS. WEINSTEIN: It would be -- you might argue
that point at the time of the actual filing, but this addresses the
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preparation of these documents that may be used -- that would later be
used for filing. So, this gets that before the documents are filed it
creates a crime that supplements, really, the existing law in filing a
false document.
MR. MCKEVITT: Well, yes, because the question I
have is that under your definition, I guess lines 10 through 15, you do
go and make it a crime if a document they know contains material
false statements, but you're also requiring that it be filed with the court
or other public office or public servant in order to qualify under the
crime. So, you need both processes. You need both the knowledge
that the document is false, as well as the filing for the crime. Are both
of those required to be prosecuted for this?
MS. WEINSTEIN: It's "...knows or believes will be
filed with a court." So, it's not only the actual filing, but the
preparation in advance of that filing that creates the crime.
MR. MCKEVITT: Okay. I mean, just again, when I
look at the definition of filing a false instrument in the second degree,
the language seems very similar where, again, you have a false
document and you offer it with the belief that it will be filed or
recorded or become parts of a public officer or public servant. So, I
mean, I guess from my perspective, I just think it's duplicative of what
we already have under the Penal Law, under 175.30.
MS. WEINSTEIN: I would hope that anyone who
has a document that they intend to file with the court would not be
intentionally having a document -- preparing a document intentionally
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with false information. But, this is a separate section, as I said, to deal
before the actual filing takes place where you would have the filing of
a false document kicking in as a penal crime to deal with a very
specific problem that has arisen in the foreclosure process. So, we
want to make it very clear that as it relates to foreclosure fraud that we
have these two, both first degree and second degree of residential
mortgage foreclosure fraud to deal with these very specific problems
that we have seen arise.
MR. MCKEVITT: Moving on, I guess, to the second
page of the bill, starting with line 20, you also create a new E felony
which is going to be residential mortgage foreclosure fraud in the first
degree. I guess that in order for that to occur, you're getting to more
of a systematic problem where I think, first, there has to be, I think, a
minimum of five cases or five actions that they are doing this; is that
correct?
MS. WEINSTEIN: Yes. Correct.
MR. MCKEVITT: They also have to, I guess, have
actual knowledge that either they or one of their subordinates are
actually doing this type of crime, correct?
MS. WEINSTEIN: That is correct. And the five
instances is within a one-year period. It's even further narrowed to be
within a one-year period.
MR. MCKEVITT: All right. I'm just wondering. I
just think this is going to be something which is going to be very
difficult to prosecute because you're going to have the situation to
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prove actual knowledge, I guess, from a supervisor or an officer that
this type of action is occurring. So, I guess they're going to be mainly
defending by saying, Listen, I was looking over it. I could have had a
rogue employee who I was not aware of doing this, and be able to go
and escape prosecution. Do you see this as a prosecutorial, maybe,
hurdle in trying to do these cases?
MS. WEINSTEIN: Well, first of all, they had to have
the knowledge and failed to take reasonable measures to prevent it
from continuing. Now, obviously, sometimes the knowledge could be
not because a subordinate is doing something on their own, but they
have been directed by that very manager, that high-level manager, to,
in fact, commit this fraud. And in terms of the ability to prosecute,
obviously this is an Attorney General's program bill. He obviously
feels that this is something that is needed and I think they are
comfortable with the ability to have this crime prosecuted in
jurisdictions around the State.
MR. MCKEVITT: Actually, jurisdiction of
prosecuting this crime, is this going to be with the district attorneys or
does the Attorney General have concurrent jurisdiction on this?
MS. WEINSTEIN: It's a new Penal Law. It's the
district attorney. We're not giving the Attorney General the authority
to act in this specific crime.
MR. MCKEVITT: It's going to be the current district
attorney's jurisdiction to prosecute these crimes or other types of
financial crimes?
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MS. WEINSTEIN: Correct.
MR. MCKEVITT: It's just, actually, a jurisdictional
question that I was just thinking of at this moment. You know, many
times when these documents are being done or are being performed by
banks, more and more likely these days these are done by banks out of
State, various portions of the United States. I'm just curious. Again, I
haven't thought this through fully myself, but could we have a legal
jurisdiction issue whereby you can have a person in Ohio going and
creating these documents, overseeing these documents, and will
eventually go and FedEx them to an attorney in New York, but would
that be, actually, a significant jurisdictional hurdle or -- again, if we're
going to use the argument, well, listen, they did it knowingly, this
would be a crime in New York, but then we have significant issues
maybe extraditing or bringing people in from other states into New
York in order to go and get this prosecution accomplished?
MS. WEINSTEIN: It's documents prepared for New
York State residents, so there, you know, could be a document
prepared New York State, it could be a document filed in New York.
If it's prepared out of New York for New York action, that would be
covered also.
MR. MCKEVITT: But, again, let's say the bank
officer, the bank vice president, is in Ohio, Missouri, whatever it is,
and, obviously, the attorney is going to be in New York State, which
is why the Chief Judge has the regulation for the attorney to go and
file the certification because certainly we have jurisdiction over that
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attorney's law license and make sure they're in compliance there. But
again, if you have a person in Ohio goes to -- as part of foreclosure
documents are just going to sign them, then they're FedEx'd on to New
York to be done, again, you could have an issue where, yes, we know
a crime is being committed, but are we going to have issues whether
they actually committed a crime in New York or not?
MS. WEINSTEIN: Right. Well, just because it's a
crime -- the second degree is a misdemeanor so, obviously, there's no
extradition on a misdemeanor. On the felony, in theory, perhaps there
could be extradition for a document prepared in Ohio. I don't really
think this would necessarily be a case that would rise to that level
unless there was potentially widespread fraud such as in the
robo-signing cases. But, the issue is the crime still would be
committed; whether it would be prosecuted in New York, in some
instances, it might have to wait until the document was actually filed
if it was prepared out of New York State.
MR. MCKEVITT: Right. Again, what I think the
crime is is that -- I agree with the misdemeanor count, the actual
preparation of the document. Again, it's more and more likely these
days that it's prepared and conducted and executed in another state
other than New York. I guess what the crime would be is that once
they sent it to New York, knowing it is going to be conducted in a
New York foreclosure action, then that would, indeed, be the crime. I
guess the issue I have here is that, you know, based upon what games
the bank may play is, they may say, listen, we may have offices in
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New York which go and routinely prepare these documents, but
because people in New York may be in fear that whether they had
knowledge or not, now they're going to open themselves up to
personal prosecution, may have some banks by saying, You know
what? When it comes to New York, instead of having these offices go
and perform this work here, we'll just ship it out to any of our 50
offices around the United States to have that done. So, again, they
will have no need for a New York office to go and execute go and
execute these documents, they'll prepare them in another state and,
again, the crime will still be occurring. It will just be New Yorkers
not having jobs out of the fear of prosecution. I'm just wondering if
that was considered.
MS. WEINSTEIN: If people want to commit fraud,
commit a crime, commit an action that is a crime in our State and they
want to go to different lengths to try and avoid committing that crime
in New York State but commit it in a different State, they have still
committed that fraud. Whether it's a little more difficult for us to
prosecute, that's a different question. But that doesn't go to the main
point that it should be a crime to commit this fraud, regardless of
where the location is where it originates.
MR. MCKEVITT: Thank you.
ACTING SPEAKER P. RIVERA: Mr. Goodell.
MR. GOODELL: Thank you, Mr. Speaker. Would
the sponsor yield?
ACTING SPEAKER P. RIVERA: Ms. Weinstein?
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MS. WEINSTEIN: Yes.
MR. GOODELL: Thank you, Ms. Weinstein. I had a
question as it relates to the felony liability of a high managerial agent.
As you know, under the Penal Law a high managerial agent is
generally described as a supervisor or the next person up in the chain
of command. I assume that this bill is intended to address a situation
where you have a supervisor who has several people working under
him? Is that where this liability would occur?
MS. WEINSTEIN: Yes. Under our Penal Law -- it's
a term defined in our Penal Law. High managerial agent means "an
officer of a corporation or any other agent in a position of comparable
authority with respect to the formulation of corporate policy or the
supervision in a managerial capacity of subordinate employees."
MR. GOODELL: So, when the reference is to an
officer of the corporation, you mean a designated officer like
president, vice president, assistant vice president? How far down the
chain of command does that include?
MS. WEINSTEIN: It could be any of the individuals
you mentioned.
MR. GOODELL: And -MS. WEINSTEIN: You know, it's the individuals,
but what's coupled with the individuals is the knowledge and they
didn't take reasonable steps to correct it.
MR. GOODELL: So, it is possible then, for example,
if you had a rogue foreclosure unit that the supervisor of that unit
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might be guilty of a felony, the head of the department might be guilty
of the felony, the assistant vice president, the vice president and the
president, they might all be guilty of the felony?
MS. WEINSTEIN: If they had actual knowledge, if
they directed, in some instances, directed subordinates to act in this
way and didn't take -- had the knowledge and didn't take reasonable
steps, yes, you could have more than one individual who was an
officer or who is a high managerial individual.
MR. GOODELL: Well, I certainly agree with your
assessment that if they had the actual knowledge of the criminal
activity, they should be held responsible. But, isn't it true that your
bill would hold a high managerial agent responsible even if they didn't
necessarily know about it? Because the first standard says they know
or reasonably should know. So, the second clause applies when they
don't actually know, correct?
MS. WEINSTEIN: No. I think you may be referring
to a prior iteration of the bill because this bill was amended. It's
"...knows that one or more agents of such business are engaged in the
conducted prohibited by subdivision 1 of this section and fails to take
reasonable measures." There had been some imputed knowledge, but
that is not part of this.
MR. GOODELL: You are absolutely correct. My
book contained the original print but not the A-print, and that has been
addressed. Thank you very much, Ms. Weinstein.
MS. WEINSTEIN: I envisioned you would ask this
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question, so I wanted to have the correct answer for you.
MR. GOODELL: You correctly anticipated my
question. Thank you for addressing it.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 90th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Yes, sir, we will now go to
Rules Report No. 508 on page 14 of the main Calendar, Mr. Boyle,
please.
ACTING SPEAKER P. RIVERA: Rules Report No.
508 on page 14, the Clerk will read.
THE CLERK: Bill No. 10731, Rules Report No.
508, Committee on Rules (Boyle). An act to amend the Criminal
Procedure Law, in relation to granting uniformed members of the
Bureau of Fire Prevention of the Town of Islip peace officer status.
ACTING SPEAKER P. RIVERA: Read the last
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section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Yes, sir, we will now go to
Rules Report No. 485 on page 13 of the main Calendar, Mark Butler.
ACTING SPEAKER P. RIVERA: Rules Report No.
No. 485 on page 13, the Clerk will read.
THE CLERK: Bill No. 9729-A, Rules Report No.
485, Butler. An act to amend Chapter 585 of the Laws of 2011
relating to authorizing the Village of Ilion to finance a litigation
settlement by the issuance of serial bonds and/or anticipation notes, in
relation to the requirements of issuing and levying taxes on such
bonds and notes.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Butler, the Senate bill is before the House. The Senate bill is
advanced and there's a home rule message at the desk. Read the last
section.
THE CLERK: This act shall take effect immediately.
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ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Yes, sir, we will now go to
Rules Report No. 466 on page 12 of the Calendar, Ms. Jaffee, please.
ACTING SPEAKER P. RIVERA: Rules Report No.
466 on page 12, the Clerk will read.
THE CLERK: Bill No. 10786, Rules Report No.
466, Committee on Rules (Jaffee, Schimel, Moya, Weinstein). An act
to amend the Education Law, in relation to requiring public disclosure
of the results of annual professional performance reviews of teachers
and principals.
ACTING SPEAKER P. RIVERA: Ms. Jaffee, an
explanation is requested.
MS. JAFFEE: Certainly, Mr. Speaker. This is a
Governor's program bill which provides the public disclosure of the
final quality ratings and composite effectiveness scores of teachers
and building principals. It ensures that any public release of the
APPR data does not contain personally-identifying information of any
teacher or principal. In addition, individual APPR results are not
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subject to release pursuant to Article VI of the Public Officers Law,
which means that it's not FOILable, this information. It provides
parents or guardians access to the evaluation of their child's present
teacher or principal, and it strikes a balance between the teacher's
right to privacy and Race to the Top obligations and public
understanding of the way the school districts are functioning. It
prevents media exploitation and distortion of teacher evaluations in
the public arena and online.
ACTING SPEAKER P. RIVERA: Mr. Jordan.
MR. JORDAN: Thank you, Mr. Speaker. Will Ms.
Jaffee yield?
ACTING SPEAKER P. RIVERA: Ms. Jaffee?
MS. JAFFEE: Certainly, Mr. Jordan.
MR. JORDAN: Thank you. What is the effective
date of this provision?
MS. JAFFEE: The effective date -- I think I had that
right in front of me, I'm sure.
MR. JORDAN: It looks like -- is it July 1st?
MS. JAFFEE: Yes. It is effective in July.
MR. JORDAN: Okay. So, and is it relating solely to
the teacher evaluation bill, now law, that we took up, I guess it was in
April of this year?
MS. JAFFEE: It does relate to the Race to the Top
legislation that we took up previously, as well as the APPRs.
Certainly, because it's the APPR evaluations that are being discussed
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here.
MR. JORDAN: In this bill, are we delegating to the
State Ed Department the responsibility to establish, sort of, the
protocol for releasing information, much like we did with the -- is it
the APPR? Is that the proper acronym?
MS. JAFFEE: Yes. They will be releasing the
information -- the Commissioner of Education will release the APPR
data on its website and by other means to make it widely available to
the public, and that way it would also be available for any research or
analysis that might be of assistance in moving forward. But, none of
the data that will be released can have any information or private
information about the names or any private information about the
names of the teachers or the principals.
MR. JORDAN: Okay. And the enabling legislation
of the APPR was complex enough. I'm imagining what will
ultimately be ruled out by the State Ed Department will be even more
so. My understanding is what will be disclosed to the parent will be -is it going to be just a number, the ultimate rating, or do we anticipate
some type of explanatory backdrop so that the person getting the data
will understand what that data is, or don't you know?
MS. JAFFEE: No. I think we do understand that in
part of the conversation with the parent -- first of all, parents are going
to be notified that they have the opportunity to have -MR. JORDAN: Ms. Jaffee, I'm sorry. I'm having a
difficult time hearing you. I'm sorry.
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ACTING SPEAKER P. RIVERA: Colleagues, if we
can give some attention to the debate, please? If you want to speak,
please go outside.
MR. CANESTRARI: Yes, we need some order in
the House, Mr. Speaker, as you well know. Colleagues, take the
conversations outside. Even better, take your seats. Try that for a
change, you may like it.
MR. JORDAN: Thank you, Mr. Speaker; thank you,
Mr. Canestrari.
MS. JAFFEE: Thank you, Mr. Canestrari. First of
all, the parents will -- there will be an explanation of the scoring
ranges, of the HEDI ranges so the parents understand both orally and
in writing, the general ranges so they understand the process first. In
addition, they will also be able to be given information about
understanding what the evaluations mean and the student
performances in those classes. And then there will be, you know,
clear efforts to provide the information to the parents so that the
parent understands that teacher, the evaluation and what that would
mean. And that is a complex issue because, as a former teacher, I can
tell you that these evaluations, as we move forward, and the
evaluations that I experienced as an educator, are very important in
the classroom not just to give a number to a teacher, but to assure that
that classroom program has the kind of quality of education. And the
students in that classroom, they may be special education students,
they may have emotional needs, there may be a variety of gifted and
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average. So, that's a complex situation in a classroom. So, these
evaluations need to be explained, give the realities of the classroom
environment and moving forward to assist the teacher to be able to,
maybe, add some variety of other components to their programs. So,
that's something that a parent will be given and provided within the
context of that discussion about the evaluation.
MR. JORDAN: Now, my understanding is the only
person or people that will be entitled to the scoring system is the
parent or guardian of the child who is going to have a teacher -- or
who is going to have that particular teacher in their classroom the next
year; is that correct?
MS. JAFFEE: That's correct. It would be the parent
or the guardian of the student in that class at that time.
MR. JORDAN: Okay. And when -- as a parent of
numerous kids in public school, when will I -- if I had requested this,
when would the school district provide this information to me? Does
the bill provide?
MS. JAFFEE: As we move forward with the APPR
system, after the scores are filed then the parents can make that
request for that discussion with the school district.
MR. JORDAN: Thank you, Ms. Jaffee.
On the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. JORDAN: Thank you, Mr. Speaker. You
know, I want to go back to April when we took up the bill on teacher
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evaluation. First, all of us know a lot of teachers, so nothing unique
about me. But, I have yet to run into a teacher who says, I don't want
to be evaluated. In fact, like all of us, we like to hear if we're doing a
good job or we like to hear how we can improve. The bill we passed I
had certain reservations with, but I'm not sure if any of us really
realize what the State Ed Department has undertaken with this great
authority we have divested to them. One of the things they're doing is
they're going to require a written test for all subjects at the beginning
of the year and at the end of the year -- and I shouldn't say "require" -this is what they're rolling out and suggesting, and this is what our
teachers are hearing. I think should be aware of it. Can you imagine
being a phys ed teacher or an art teacher who is going to have to give
their students in kindergarten, second grade, fourth grade, a written
test at the beginning of the year, and then at the end of the year
another written test to measure progress? But, what's amazing is what
the teachers are hearing right now is that they're not going to get a
copy of the results of that test. You have to ask yourself why. If this
is to help teachers improve, I don't see where that helps them improve.
If it's to help them do a better job for my child, I don't really see where
that's going to help them do a better job for my child. You know,
that's not what the issue is here in this bill. The problem is, what the
issue is for this bill is we're going to create some data and then give
that to a parent who is not going to know the context of the
information that they're getting. And I think the teachers' groups
probably support this on the hopes that we're keeping it only to the
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parent, but I don't think any of us believe for a minute that these
scores won't end up in the public domain within 13 seconds of a
begrudged parent from receiving it. Facebook is the great source of
all information, true and untrue, relevant and irrelevant, interesting
and uninteresting, but it will put this information out there. So, we
can't undo what we did in April by divesting all of that authority to the
State Ed Department, but I'm curious if anyone in here really thinks a
written test for a kindergartener going into gym class at the beginning
of the year makes a lot of the sense.
Now let's talk about the kids who have challenges,
who have issues with learning, and that teacher who spends four
months convincing that child that school is a good place to be, that I'm
your partner. Then they're going to get to May and get a standardized
test, and then they're going to get to June and get another test, and
they're going to have a test in September, of which they'll never see
the scores. What are we teaching our kids?
Perhaps this is a rant against the State Ed
Department, and perhaps it's well-placed, but I wish we would not
divest more and more authority to the State Ed Department so that
they can tell us that our teachers who learn about individualized
instructions, about looking at the students as an individual, as a
person who brings issues to the table that many of us could never
fathom, and then we want to measure that teacher based on a
standardized test. That is patently absurd. I think that next year we
should begin to look at how we're going to manage this process so that
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the goals and objectives from what I hear from my right side and my
left side are met. It's always about the kids, and we try to accomplish
that. But, I'm only bringing this up because when we divest
responsibility to the State Ed Department, what we get back are
problems.
So, I am a fan of teacher evaluation. I support the
parents knowing what that evaluation says, and because of that I think,
begrudgingly, it's a yes vote. But, I think we can do much better and I
would ask that we all try to find our way there. Thank you for the
indulgence, Mr. Speaker.
ACTING SPEAKER P. RIVERA: Mr. Murray.
MR. MURRAY: Thank you, Mr. Speaker. Would
the sponsor yield for a few questions?
ACTING SPEAKER P. RIVERA: Ms. Jaffee?
MS. JAFFEE: Yes.
MR. MURRAY: First, Mr. Speaker, if we could -ACTING SPEAKER P. RIVERA: Colleagues, we're
requested to please take the noise outside. Thank you.
MR. MURRAY: Ellen, first let me say that I
commend you for taking this on. This issue is not easy for anyone in
this room. I think it's unfortunate the position we're in right now
because I think we're rushing this and we're going about this much too
quickly. But, let me start by saying and asking you what happens if
we do not pass this today?
MS. JAFFEE: Well, right now, according to Race to
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the Top, by August 15th of this year the State Education Department
is going to have the growth data collection from every school district
in the State. That information will be exposed through -- could be
exposed through a FOIL request, and we can go back and begin to
have the kind of release and concern that was raised recently in New
York City to the media and online, information that may not -definitely will not be acceptable in terms of education in our State.
But, that's where we are right now, and if we don't move forward we
-- all that information will be FOILable and it will be released to the
media.
MR. MURRAY: Ellen, do you know of any other
public-sector job, positions, where the personnel records and
performance reviews are readily made available to the public, such as,
maybe, police officers, firefighters, things of this nature? Are they
currently made available or readily available?
MS. JAFFEE: Well, as I noted earlier, the results are
not -- first of all, there is Article VI of the Public Officers Law that
does prevent any kind of FOIL of their information. I think there are
some exemptions but, basically, it prevents that. That's what this law
will do as well. Other than with the conversation with the parent, it's
not FOILable. So, that would be the same as the Public Officers Law
of police and firefighters.
MR. MURRAY: It's not FOILable but, however, if a
parent requests the information, obviously they'll be given the
information for their specific teachers, correct?
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MS. JAFFEE: That's true, but that's also true now.
As of now a parent can call a school and want information about a
teacher want to have a conversation about the teacher. That's possible
now, and moving forward as of August 15th it goes even further.
Everything, you know, is available.
MR. MURRAY: It's interesting that you say that, and
it kind of brought me to my next point that any parent that really does
want to get involved, there is currently -- they can reach out to the
teachers, they can get involved and get information and there are ways
right now to know if the teacher is doing a good job or not doing a
good job. The problem here is when you say that they can do that
now, right now can they pick up the phone and ask for personnel
records?
MS. JAFFEE: Well, they're not going to be given
personnel records.
MR. MURRAY: Or performance evaluations from
the past. Can they do that right now? They can pick up the phone and
get that information?
MS. JAFFEE: Well, I think that would be
determined at this particular point by the school district and those
involved. But, generally, it's not something that's written in law,
obviously. This will be a conversation -- and I believe it will be
something that can be worked out by the school districts and the
administration in terms of how it's presented in a fair and responsible
way.
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MR. MURRAY: One of my concerns is where are
the safeguards in place? I understand that the intention is to give the
information to the parent and the parent takes that information and
keeps it, but where are the safeguards preventing that parent from
getting the information, going home and getting on the computer and
putting it up on a chat room or a website or a blog or something and
then another parent comparing their results and, all of a sudden, we
have got all the results on a blog two days later. What's to prevent
that?
MS. JAFFEE: As of August 15th there is nothing -in general, there is nothing from any of that information that will be
released and will be possible to be FOILed and released to the media.
And in terms of a parent, we have to respect the rights of parents. As
a former educator, I certainly would like complete privacy, I don't
disagree with that. But we are moving forward in an environment
where we have Race to the Top and Federal laws that, as of August
15th, put us in a place where we now have to be very concerned about
the total release of information that can be FOILed. I think parents are
responsible. I think they will be responsible. There's always an
exception, and that exception can take place now in terms of what
parents would say about teachers and educators. So, I think that is a
fair concern, but I think that the way that's handled by the school
district and the individuals will, hopefully, be handled in a way that's
respectful to both their children in that classroom, their students in
that classroom who could be bullied, you know, it could be stretched
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to that point. I think a parent has to take that responsibility, and the
discussion between the principal or whoever will have -- or the
administrator, I think that conversation can provide structure and an
environment that will offer the parent the opportunity to have an
understanding of what is happening in the classroom, but understand
that it would not be an acceptable process to move forward and
release that information. But, that could happen now as well.
MR. MURRAY: I appreciate your answer there, but
I think the big difference is right now they can do that, and right now
if they were to go on a blog or a website and a parent says, Mrs. Jones
isn't doing a good job with the second grade class, and she allows
this, that or the other, that's more speculation, whereas now, once
we're releasing this information -- and these are scores, these are
tangible, these are numbers that can be judged, whether right or
wrong. I think it just tends to or lends to carry a little more weight
when it is put out there. That's my concern, that there doesn't seem to
be any protection other than that us hoping they would do the right
thing but, unfortunately, you know and I know -MS. JAFFEE: I agree with you. The situation is that
by August 15th everything will be FOILable. Every piece of data on
every teacher and every school will be FOILable. So, all of that will
have the opportunity for release. This legislation controls that and it
strikes a fair balance between the parents' right to know and to have
that conversation and the issues of APPR and the use of that to assure
that we continue to have quality of education in New York State.
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MR. MURRAY: Thank you Ms. Jaffee.
Mr. Speaker, on the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. MURRAY: As I said when I started speaking,
you know, it's unfortunate that we're finding ourselves in a situation -and I even hesitate to use this analogy, but it's almost like we're
throwing -- the choice is throwing the teachers under the bus or
throwing them under a minivan. I mean, right now they seem to be
under attack, and as much as I want parents to be involved, and I
believe they should get as much information about how the education
of their child is being carried out, I believe that is their right, I believe
they should. But, we are just opening up a can of worms, and on a
very slippery slope here because, you know, it's whether or not all of
their information is out there or partial information. And the thing
that concerns me is the fact that we're rushing this through before the
APPR standards are even in place. We don't even know what they're
going to be judged on specifically right now, and these scores will
vary from year to year, depending on what type of students are in the
class, do they have special needs students this year and not next year.
I mean, so many variables in place now and we're going to put a
system in place to judge them when we don't even have the tests or the
evaluations in place yet. We are putting the cart before the horse here.
I think we need to slow down. We need to look at this much more
carefully and evaluate just what we are opening up here, because I
think it is just a bad can of worms here and it's really making teachers
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the enemy when they shouldn't be.
Put in the position I'm in right now and everyone in
this room is right now, I will very reluctantly vote yes on this because
I don't like the other option. That's unfortunate. We should have
more options. We should be discussing this, we should be waiting,
slowing down and doing this right. Thank you, Mr. Speaker.
ACTING SPEAKER P. RIVERA: Mr. Brennan.
MR. BRENNAN: On the bill, Mr. Speaker.
ACTING SPEAKER P. RIVERA: On the bill.
MR. BRENNAN: I'm also reluctantly voting for this
measure as a stop-gap measure, as Ms. Jaffee described, because of
the pending media disaster that may ensue on August 15th when the
press seeks the raw data for every single teacher in the entire State.
Under current law, that data, according to the Court of Appeals, is
disclosable and, therefore, we will have published in every newspaper
throughout the entire State the individual data on the growth for every
year for the teachers in grades 4 through 8 that is available. So, given
the ludicrous shaming and public humiliation that thousands of New
York City teachers experienced, press going to their homes, knocking
on their doors and asking them, you know, why they were the worst
teacher in the school and things of that nature when their own
principals had said they were actually outstanding teachers, we will
block that kind of outrage. So, that's good. But, as a number of
people have expressed, I think the Legislature and the Governor are
going down the wrong road here in relation to attempting to correlate
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teacher effectiveness with student test results. There is a substantial
body of evidence, experts all across the nation, who say that trying to
do that, correlating teacher effectiveness with student test results, is
not possible, it is not statistically valid and it can't be done, or there
are very many serious questions about it and that any attempt to
effectuate that needs to proceed with substantial caution, and not what
we just enacted into law back in March, to put forward this system
when we don't really know whether it's going to work at all or not.
There's a lot of people who think it will not work. If you just think
about the average class of 30 kids in which two or three kids in any
particular year may be particularly gifted or have all kinds of
significant issues with their family or emotional problems and so the
disbursal of their scores will be completely arbitrary from year to year
but will show the teacher as either being spectacular or lousy,
dependent on these random arbitrary differences from year to year that
will change. It's too volatile a measure for school districts to be using.
And performance ratings, as other people have said, of course we
want teachers to be evaluated and teachers want to be evaluated
themselves, but this particular path that we are on is a mistake and we
need to rethink what we're doing here as far as this scenario in
general. But, clearly, we don't want a repeat of last February and last
March's media disaster after the Court of Appeals decision. So, I will
be supporting the legislation and, hopefully, we will be rethinking the
entire policy down the road.
ACTING SPEAKER P. RIVERA: Mr. Losquadro.
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MR. LOSQUADRO: Thank you. Would the sponsor
yield?
ACTING SPEAKER P. RIVERA: Ms. Jaffee?
MS. JAFFEE: Certainly.
MR. LOSQUADRO: Thank you. You said August
15th is one of the Race to the Top benchmark deadlines?
MS. JAFFEE: Yes. That's when the 4th through 8th
grade teacher exams -- English and math exams were evaluated and
they will be released.
MR. LOSQUADRO: That was the initial basis
because those were the standardized tests that the State was going to
start the evaluation process with, correct?
MS. JAFFEE: Yes.
MR. LOSQUADRO: I don't know if you recall from
the debate when we did approve the APPR, but there were some
problems, shall we say, with the State Education Department releasing
data to the schools to get these programs in place.
MS. JAFFEE: Yes, I recall. I opposed that
legislation.
MR. LOSQUADRO: Yes, as did I. I just wanted to
ask if you are aware that not only has the State Education Department
not released the scope and sequence of the common core standards
yet, even though they said they had done it last winter, they have now
pushed that deadline back into August. Are you aware of that?
MS. JAFFEE: Yes, I am.
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MR. LOSQUADRO: August. The time when the
Race to the Top deadline is. So, we're expecting school districts to
have a couple of weeks to incorporate this data into their curriculum
and then use it in the evaluation process next year.
MS. JAFFEE: That is discussing APPR. We are
discussing -MR. LOSQUADRO: No, I understand that. My
point in this being if we truly wanted to do a stop-gap measure, with
all the problems that we know exist with APPR, with the lack of
information coming from State Ed -- and I could go here on a rant for
an hour about what State Education has done or not done to help our
school districts to actually impede their progress. We know these
problems exist. If we truly wanted a stop-gap measure, why not
segment this? Why not say the system is not in place, we don't know
what system is ultimately going to be, we don't even know if we will
have it in place in place for next year because of these delays? Why
not segment it and just say it's only a small amount of information for
those 4th through 8th math and ELA teachers, we're going to keep that
as it was before and make that not subject to FOIL because it's
incomplete data at this time? Why encompass it in an entire package
that we know is still evolving and is incomplete?
MS. JAFFEE: That's something that you raise that
you will have to determine how you feel regarding this legislation. I
think that this legislation strikes that balance, providing parents an
opportunity to understand what's happening in the classroom and it
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responds to the court decision that said that the evaluation data was
FOILable. That was a Court of Appeals precedent. What this does is
control that so that the information regarding these tests and the
teachers, their names, are not released to the public.
MR. LOSQUADRO: Thank you. I appreciate your
responses. I happen to disagree. I think we could segment this in a
way to accomplish the goals of the protections, given the incomplete
data, while not going this far. Thank you.
Mr. Speaker, on the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. LOSQUADRO: Thank you. We have seen time
and time again over the course of this year inaccurate statements, a
repeated inability to get information to our schools in a timely fashion.
We had a presentation to our schools on Long Island from the Deputy
Commissioner who said that this information would be released in
June. Then an e-mail came out and said it would be July. Then
another e-mail came out and said it will be August. We have schools
that had money set aside in this existing year's budget to pay teachers
to come back and write this curriculum. That money is now going to
expire. They're going to have to pay these teachers to come back in
August, in the next budget, which they had not accounted for, to write
this curriculum to try to incorporate it into next year.
This is a disaster. This is still evolving. We don't
know what the final product is going to be. If we really want a
stop-gap measure, if we really want to protect disclosure of
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incomplete information, let's segment it. Let's say we're not ready.
We know we're not ready. The information is not out there. This will
not be subject to FOIL, as have the work product of the teachers up
until this point has not been subject to FOIL. Until this process is
fully implemented, the SLOs are written -- Mr. Speaker? I'm sorry.
Thank you.
Schools right now are writing student learning
objectives. Superintendents have been tasked with approving their
own local assessments which, to me, is just a tacit acknowledgement
on the State Education Department that they could not have
accomplished this task in the timeframe in which they said they could.
They had to abdicate it out to the school districts.
So, we have seen this time and time again. I don't
expect the pattern is going to change at all. Let's wait. Let's make
sure it's done right. Let's not keep making the same series of mistakes.
Let's segment this out. Let's prevent this information from getting out
because it is incomplete -- and we know it's incomplete -- without
throwing something out there that we know we're just going to have to
change anyway. I think this is bad policy, I think it's a bad idea, and I
think it's something that we're going to regret moving forward. I urge
a no vote.
ACTING SPEAKER P. RIVERA: Mr. Joel Miller.
MR. J. MILLER: Thank you, Mr. Speaker. Would
the sponsor yield?
ACTING SPEAKER P. RIVERA: Ms. Jaffee?
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MS. JAFFEE: Certainly.
MR. J. MILLER: Hi, Ms. Jaffee. How are you
today?
MS. JAFFEE: I'm fine.
MR. J. MILLER: I have a question that just keeps
gnawing away at me. What has been suggested over and over again is
that if we do nothing, all of this information will be FOILable by
anyone. But, by passing this law in this State, we would make it so
that it's not FOILable, but we're leaving open that parents whose kids
will be taught by a particular teacher, they will be able to get the
information. What is it that's so magical about this bill that would
prevent anyone else from FOILing it and if, in fact, that works, why
can't we just make it unFOILable and no one get the information?
MS. JAFFEE: I'm not sure I understand the question.
MR. J. MILLER: Let me explain it again.
MS. JAFFEE: Right now -MR. J. MILLER: Let me explain it again because I
want the answer to be very short, so I don't want you
on-the-job-training with the question. The question is if right now we
believe that this information will be FOILable, and we're passing a bill
so that it's not FOILable but we're going to give it to the parents, why
couldn't this bill just say it's not FOILable and leave it at that?
MS. JAFFEE: And not provide the parents the
opportunity to have a conversation regarding their -MR. D. MILLER: They can have a conversation, but
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they don't have to get the exact number. Because what you said
before was, well, you know, the parents, they're nice and they're not
going to spread this information. Let me assure you that when the
parent gets the information that their teacher is the top teacher in the
school, they'll be perfectly happy to keep that a secret. But, when they
get the information that their kid is going to be taught by the worst
teacher in the school, I can assure you that smoke will come out of
their ears, and the pressure to start pressing the buttons on their
computer to spread that information will be overwhelming. So, yes,
you're right. Some will be responsible and some won't. The question
is, considering that this evaluation will be based on something that is
over 60 percent subjective as opposed to an objective reading, right,
and not only is it 60 percent objective -- 60 percent subjective, we
don't have any idea what that is going to be until there are negotiations
between each teacher's union and the school district. As a matter of
fact, 20 percent of the test, which is in that 40 percent that's
supposedly subjective, that is open to negotiations so that they have to
agree on which tests will be used for the second 20 percent or the 40
percent based on tests. So, so far we haven't a clue on how these
things are going to go forward. So, the question I have is what was so
important about releasing information that may have no value at all to
a parent, when you think this bill will prevent the information from
being FOILable, right? You said it won't be FOILable. Why did we
allow that one crack which will open up the floodgates so that
everyone knows anyway?
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MS. JAFFEE: This legislation would provide the
balance, the opportunity for the parent to have a conversation with the
school district, with the principal or administrator, to be able to
discuss their child's present situation and the teacher, discuss the final
data of the evaluation, and also to be given the opportunity regarding
the information that would help them to determine the entire range of
what that data means, what the scores mean, so they understand the
entire picture of what that means in terms of the teacher evaluation
and performance. This is not something that's so out of the ordinary
as it exists right now. Parents have the opportunity to go into the
school to discuss the classroom, to discuss the students within the
class, to discuss exactly how the teacher moves forward in terms of
the curriculum in that class. It provides a balance, offering the parents
an opportunity to understand what's happening in the classroom of
their child's class and the teacher, and also provide the kind of privacy
our teachers need and our system needs to be able to assure quality of
education without the media exploitation.
MR. J. MILLER: Sounds good, but we know that
what you're saying doesn't answer the question about why we're
releasing this score material to the parents. As an example -MS. JAFFEE: May I ask you a question, Mr. Miller?
MR. J. MILLER: Yes, you may.
MS. JAFFEE: Did you vote for Race to the Top?
MR. J. MILLER: Yes.
MS. JAFFEE: Well, when you voted for Race to the
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Top, you voted to release all information, to have testing and to
provide release of all information. When you did that, you did the
opposite of what you're arguing against.
MR. J. MILLER: Shame on me. But, then again, I
voted against the bill that created the most unusual and ridiculous
method for evaluating teachers. If we came up with an appropriate
method for evaluating teachers that actually meant something and we
knew it meant something, that's one thing. But, I doubt if there's a
single person in this room right now that believes that the system -which still has not even been described because it doesn't exist yet -will produce data that is worth knowing. So, if you're asking me
whether I believe and whether I voted to release meaningful data, yes,
I did. If you had asked me if I meant to release totally ridiculous and
useless data, that wasn't -- it just didn't appear to me at that time that
that's what we were vote on, to release useless, meaningless data. But,
again, it comes down to -- well, let me ask you this question: Since
we know that the ability to come up with a scheme that we're talking
about that's actually objective fact, and we're going to release that
information, don't you think that other information like which school
did my teacher go to? How did they do in each of the following
subjects? What was the evaluation of their teacher when they were
being taught? Don't you think that would be far more meaningful?
Do we release that information now?
MS. JAFFEE: I'm not sure that that's the kind of
information that a parent needs to have a conversation regarding -102

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MR. J. MILLER: Well, it seems to me if my child is
taught English -MS. JAFFEE: Within the context -MR. J. MILLER: -- and the teacher didn't pass the
English course, I would like to know that, as opposed to this particular
information.
MS. JAFFEE: I'm sorry. You have to repeat that
question.
MR. J. MILLER: Okay. The question still comes
down to this: If you believe that this new legislation will prevent the
ability of the news media or anyone else to FOIL these results, then
until we know if the data we're creating has any meaning whatsoever,
and we know that as soon as we start telling parents who the bad
teachers are, we might as well have put that in the press, why are we
doing that?
MS. JAFFEE: This legislation is not -- the purpose
of this legislation is not to determine whether APPR has any value.
That's another conversation for another -MR. J. MILLER: I didn't ask that question.
MS. JAFFEE: But you are asking that. That's
another question -MR. J. MILLER: The core of the question is -MS. JAFFEE: Excuse me, let me finish.
MR. J. MILLER: -- does this prevent -MS. JAFFEE: Please let me finish.
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ACTING SPEAKER P. RIVERA: Mr. Miller, can
you wait until she answers the question -MS. JAFFEE: Thank you.
ACTING SPEAKER P. RIVERA: -- and then if you
have -MR. J. MILLER: I'll bet you a quarter she doesn't
answer the question. Go ahead, I'm sorry. I was just musing.
MS. JAFFEE: Thank you, Mr. Speaker; thank you,
Mr. Miller. This legislation is not to determine whether APPR or the
testing system or the evaluation system has any quality or not. That's
another discussion, and we had that, actually, when we were voting
for APPR, which I did not support.
MR. J. MILLER: Right.
MS. JAFFEE: I have similar concerns regarding the
testing system; I will not deny that. What the intent of this legislation
is is to control what can be FOILed, what can be released regarding
the evaluation numbers and the teacher evaluations and the HEDI
ratings to the communities and to the media. That's what this
legislation is with regard to. But it strikes a balance, because not only
does it control that kind of release, it also provides what seems to be,
generally, of concern is whether a parent can go into a school and
have an honest conversation regarding the teacher that that parent's
child has. And, of course, that includes what these rating systems are.
Within that context, the parent will also be given information with
regard to what it means, and then they will have other conversations.
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As a parent and as an educator, I know those conversations that
already take place. So, that's what this legislation is about. If you
want to have a discussion or a debate about the evaluation system at
another time, that's fine. But that's not what this is about. This is
about the release of information, teacher privacy and the right of
parents to understand what's happening in the classroom of their child.
That's what this is about. And the kind of control over that system so
that it's fair for the teacher, as well as for the parents, and especially
for the child in that classroom.
MR. J. MILLER: Then let me narrow the question.
Are you absolutely sure that the passage of this bill will prevent the
FOILing of this information to the press?
MS. JAFFEE: Yes.
MR. J. MILLER: Okay. Thank you.
On the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. J. MILLER: The mere thought that we're going
to release this information to some of the community and -- in fact,
since every teacher has a student and every parent will now be
interested, it's overwhelmingly reasonable to conclude that all of the
scores of all of the teachers will work their way out of the school and
into the public domain. And the question, again, comes down to why
would we do that when we cannot, with any certainty whatever,
determine whether these scores have any meaning whatsoever, since
60 percent are going to be subjective and the 40 percent that is
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supposedly objective has not been determined yet? It just seems to me
that we're putting people in harm's way.
And I agree; we should know if there are good
teachers and bad teachers. Right now, we know there are bad teachers
and we can't get rid of them. I don't believe -- that, clearly, is not a
good thing, and every teacher in the school knows which are the bad
teachers. But, they have done it based on years of observing one
person and observing other people and saying everyone else is better
than this person. These tests won't do that. And this leads me to what
I have said any number of times: In a football game, the official gets
to determine where the forward movement of the ball stops. It's a
totally arbitrary placement. They're not sure. It could be six inches
one way, six inches the other. They could go through three or four
plays and the ball could be off by six inches in either direction, but
when they come close to a first down, they bring out the immovable
ten-yard chain. So, now they have taken a bunch of arbitrary
placements and measured them against an absolute, and that now
becomes an absolute decision. These test scores are arbitrary things in
the minds of some people, and we're now putting them out in the
community as an absolute, as hard and as rigid that ten-yard chain.
And it seems to me that, in itself, is misleading. We should test this
before we subject teachers to harm.
The other comment that was made and I found
interesting and it goes back to the movie "A Few Good Men," where
the colonel is on the stand and he says, In my command, if I tell them
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to do something, they will do it. And the question was, Was that
Marine at risk? And he said, If I tell them to leave him alone, he's not
at risk. And what did we hear? That the kids -- the parents aren't
going to tell other parents about the score because their kids could be
subject to bullying in the classroom. Well, we decided that there is no
bullying in the classroom. That's a heck of a thing to say, that you're
going to keep something a secret so you're kid isn't bullied in the
classroom. I mean, what happened is the authority is gone,
reasonableness is gone, we're looking for someone to scapegoat, and
we're going to solve the problems of poor graduation on the backs of a
subjective test that we know nothing about as far as its accuracy.
It's a hard thing to decide on what to do with this bill,
but I believe that the fact that this bill says it's perfectly alright to
begin releasing this information is something that I can't accept, and I
will be voting against it. Thank you.
ACTING SPEAKER P. RIVERA: Mrs. Rabbit.
MRS. RABBITT: On the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MRS. RABBITT: I would like to thank the sponsor
of the bill. Many of us forget about that late evening when Race to the
Top came in here and many of us never even saw the language that
was written there. I happen to share a district with the sponsor, and
have gone to numerous amounts of meetings to hear the school
systems tell us that they would like to give back the money because
there is not enough money in the Race to the Top that even made it
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equal for the principals, the superintendents, for anyone to do the job
that they were told to do within that structure of that bill. Many times
we stand here and we say, This isn't good enough legislation. This is
the last day of Session. If we do not protect the interests right now,
we lose it. The clear voice is August 15th. We are at a deadline. If
not, we will be in a situation that will make the State of New York,
each and every time a child is placed in a classroom, in chaos.
So, I want to thank the sponsor. Thank you.
ACTING SPEAKER P. RIVERA: Ms. Glick.
MS. GLICK: Thank you very much, Mr. Speaker.
On the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MS. GLICK: I would like to associate myself with
the comments made by Mr. Brennan earlier, if anybody can remember
what those comments might have been, in view of the last meandering
discussion. But, essentially, the bill is an important measure. It's
something that we should do now. It is unfortunate that in the greater
scheme of our governmental efforts to quantify and create metrics, we
have completely distorted education. And what's fallen off the charts
are how terrific so many teachers are -- and the majority of teachers
are -- and they have become the, I would say, "whipping boy," but
most of the teachers are women. I would wonder if we would be
walking down the road about releasing records, in general, on the
level of effectiveness of police officers, let's say. How many tickets
did they write? How many arrests did they make? How many
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complaints did they have against them? Why doesn't the public get
that? If we are concerned -- if the two major things that we are
concerned about are public safety and public education, why wouldn't
we do that? Well, I would suggest to you that we would have the
galleries filled, as we have on some measures, with uniformed
officers, overwhelmingly men, who would be incensed because those
wouldn't capture the essence of what's good policing. They would be
right, in the same way that some of these test scores and metrics that
are being proposed and have been enacted don't capture the essence of
what makes a good teacher. I believe that the sponsor, as somebody
who is steeped in education, understands the importance of supporting
teachers and is trying to strike a balance. And while I think we might
agree that the notion of test scores being an overly-used metric to
determine the effectiveness of teachers -- even in the City of New
York we have seen schools that get ratings. The Mayor of the City of
New York has a rating system -- A, B, C, D. It stands for certain
things. And then we have seen schools that have improved greatly
and are on the closing list.
So, I'm suggesting that too much has been done to
undermine a rational approach to supporting education, and using
some of these measures and then releasing some of these measures has
really undermined confidence. I support the sponsor's effort to strike a
balance between what requirements we have already placed out there
and what would undermine the ability of anyone to want to become a
teacher. Perhaps there may be madness, a certain method to the
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madness. Maybe we don't want a professional teaching corps
anymore. Maybe we just want people to come in and spend a few
years in Teach for America and then move on to another profession.
But, the professional teachers that work really hard under increasingly
difficult situations should be given some measure of confidence, and I
applaud the sponsor for trying to strike that balance on behalf of both
teachers and parents. I hope that people will take this opportunity to
vote in the affirmative on this measure.
ACTING SPEAKER P. RIVERA: Mr. Butler.
MR. BUTLER: Thank you very much, Mr. Speaker.
Would the sponsor yield for a couple of quick questions?
ACTING SPEAKER P. RIVERA: Ms. Jaffee?
MS. JAFFEE: Certainly.
MR. BUTLER: Thanks, Ms. Jaffee. One of our
colleagues began talking about the objectivity versus subjectivity.
Now, it is my understanding -- and correct me if I'm wrong -- that
with this evaluation, at some point the teachers will get some kind of
numerical or letter score based on, at least partially, standardized test
results; is that correct?
MS. JAFFEE: That's correct.
MR. BUTLER: Is there any portion of this
evaluation process would be subjective? In other words, would an
administrator actually observe in the classroom or evaluate some
subjective parts of a teacher's performance?
MS. JAFFEE: Well, 60 percent of that evaluation is
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in response to an administrator's interaction, observation, conservation
with the educator, the teacher.
MR. BUTLER: Okay. So, my question is would any
written comments that an administrator made be part of the
information that would be available to a parent?
MS. JAFFEE: No. The parent will receive a final
rating and the composite of effectiveness score for the teacher or the
principal. The conversation, I think, would proceed from there in
terms of what would be the protocol or -MR. BUTLER: But, we are certain that if an
administrator has any written information based on that observation,
that subjective evaluation, that that wouldn't be part of the information
that would be required to be made available to the parents? Because
if that were so, I would certainly say that would, number one, be
intimidating to the administrator. They may be less than frank, which
would certainly make the evaluation less meaningful. But, secondly,
I'm wondering what kind of position that would put an administrator
in if they gave a terrible report to a teacher that was part of this final
number.
MS. JAFFEE: Right now all that is required is that
the parent receive the final rating and composite effectiveness score of
the teacher and the principal, as well as a document that explains what
the scores mean and what that whole system is about. The
conversation that proceeds further would be, I think, probably a very
typical conversation that probably exist now, in terms of what's
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happening in the classroom, the concerns a parent might have. That
would be the conversation that probably proceeds now. The HEDI
program structure that is in place is if the quality rating is "highly
effective," "effective," "developing" or "ineffective." Then it gets a
composite score with that. That's exactly, in a very brief way, what
the response will be. Only in the discussion they're going to be given
a very concise response to that, and then the conversation would
proceed further, as it does now with parents and administrators,
sometimes guidance counselors, in terms of what is happening in that
classroom.
I can tell you that my daughter is very focused and
very engaged in assuring that her son receives the proper education
that his needs require. She will go into the school and have
conversations regarding various teachers and how they respond to
students and, hopefully, is able to interact and make the classroom a
positive environment. That is something that's going to continue to go
on.
MR. BUTLER: Thank you. Thank you.
On the bill, Mr. Speaker.
ACTING SPEAKER P. RIVERA: On the bill.
MR. BUTLER: I have heard today, and I share many
of the concerns that my colleagues have for the position this puts our
teachers in. I would only suggest that our administrators also could be
in some kind -- have some issues with this, because if a certain school
district got a lot of low ratings, that could be construed as reflecting
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back on the administrators. So, this whole evaluation process has
other implications for us. On a personal note, my son, when he was in
school, had a congenital eye condition. A very intelligent young man,
but had very much difficulty reading. He actually had to go across the
page with one eye and then turn his head and then go -- he could only
read with one eye, so he could read about half as quickly as everyone
else. Now, he had no other deficiencies, but if a teacher had not
recognized that, taken the time to work with him, made special
provisions for testing, he may very well have fallen by the wayside as
a student with a disability and not achieved what he has. He was one
of the top graduates from his college class and has a very successful
career going. So, because teachers were able to take the time and give
him the attention that he needed, they did a great thing with him. I
would suggest that a teacher working under the pressures of an
evaluation process like we're considering may have more difficulty in
doing something like that. I agree with my colleagues. I think we're
in a very difficult spot and probably will have to support this, but I just
think the whole process has been a poor one and I share my
colleagues' concerns about the process and about how it came about.
Thank you.
ACTING SPEAKER P. RIVERA: Mrs. Arroyo.
MRS. ARROYO: Thank you, Mr. Speaker.
Listening to all the conversations -ACTING SPEAKER P. RIVERA: Excuse me, Mrs.
Arroyo. If we could have some attention here, please, colleagues.
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Thank you. I'm sorry, Mrs. Arroyo.
MRS. ARROYO: Thank you. I have to think, Here
we go again. Are we going to be standing here to protect the teacher
in the public school? Because private schools are not involved.
Those teachers are not touched. Charter schools are not involved.
Specialized schools are not involved. But, we go to the public system,
in the area where the teacher is in the classroom and we believe that
the teacher is the only instrument that makes that student a learning
person. We are wrong. The teacher is not the only instrument.
I have experience with a teacher that had gone to her
supervisors to tell them and complain to them about how the other
system in the school is not working and is not helping her. Then when
she got an evaluation, she got a very low evaluation. If we are going
protect teachers, we have to protect those educators that are there,
doing their job, to make sure that the children in the public system
learn. It's a shame that we are in the year 2012 to be speaking in this
language. It's a shame. Because through the years, the teachers have
been suffering, working with no materials. I know teachers in my
district that had to go shopping and get pencils and papers for the
children because there is no material in the school. Why? Because
the system is not evaluating the supervisors and the administrators, but
the teacher has to be evaluated. And the teacher has to be blamed if
the child is not learning. I have one little experience. This boy, one
day, that had a very, very low average in the classroom, says to his
teacher, Miss, can I use your glasses to read this? When she saw that,
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she said, Yes, Papi. You can use it. And then he looked at the paper
and he said to her, Oh my God, I can see! That teacher had to call the
mother, who was a drug addict, to the school and make sure that she
got money to take that child to a specialist that gives that little child
glasses to read. And today, that child is one of the best students of the
school. How can you evaluate that teacher? Could you give me a
number for her? I would give her an A. I would make her principal
of the school.
I think that the bill is so late to be discussing this
because, I mean, the bill is good, but needs some improvement. But,
the improvements have to be done by us. We have to gather together
and we have to make sure that when we pass a law here, we pass a law
that does justice. And the justice is to the students; not only to the
students, to the entire system, because the teacher is not the only
instrument in the school that teaches children.
Please, I support the bill. And I want to see a better
bill. It's not easy to see a good bill here, but we should sit down and
analyze and put our experience together to make sure that when we
make decisions here, we do justice to people and we do justice to
ourselves and to the people that we represent.
I will be voting yes on the issue. Thank you, Mr.
Speaker.
ACTING SPEAKER P. RIVERA: Mr. Finch.
MR. FINCH: Will the sponsor yield for a question or
two?
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ACTING SPEAKER P. RIVERA: Ms. Jaffee?
MS. JAFFEE: Yes.
MR. FINCH: I really believe that the most important
thing we do here in New York State is to keep our people safe. The
second-most important thing is that we educate our children, and the
teachers are the most important part of that equation. My question is
relevant to the evaluation process, which has not taken place yet, from
what I understand. Would that be correct, Ms. Jaffee?
MS. JAFFEE: No. I think that the schools already
have had some evaluations and scores at this point already.
MR. FINCH: So, the schools have done all of them
or some of them? The evaluations have taken place?
MS. JAFFEE: For 4th through 8th grade.
MR. FINCH: 4th through 8th. I want to just go over,
maybe, the scoring and how that works and how you share that
information with the parents, if they should come in and have a
conference.
MS. JAFFEE: Well, first of all, the scoring system is
going to be explained to the parents, the scoring ranges will be
explained to the parents, either orally or in writing, and then the
parents will be given a very specific response in terms of the scores
that the child has. They're going to be given the final quality score
that the teacher has -MR. FINCH: Mr. Speaker, I'm having -MS. JAFFEE: -- and the ratings and the composite -116

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MR. FINCH: -- a difficult time hearing.
ACTING SPEAKER P. RIVERA: Colleagues in the
back, to my right, please. Mr. Jackson, could you just calm that group
on the right-hand side?
MS. JAFFEE: They'll be given the final quality score
and the composite effectiveness score.
MR. FINCH: Are they numbers? Are they
numerical? Are they letter grade? Are they just general parameters?
MS. JAFFEE: Yes. The quality rating, as I noted
before, is "highly effective", "effective", "developing" or "ineffective."
And then there's a composite score from about zero to 100.
MR. FINCH: The composite score, how would that
be?
MS. JAFFEE: I'm sorry?
MR. FINCH: Would that be a number?
MS. JAFFEE: The composite score, yes, is a
number.
MR. FINCH: Does the parent have to -- does this
come up at -- it wouldn't come up at a parent conference. You
wouldn't be meeting with a teacher on this, you would be meeting
with a supervisor if you were the parent?
MS. JAFFEE: Yes, that would be the protocol.
MR. FINCH: Would there be a specific day that you
would do that, or would each parent have to request a meeting? Like
there are parent conferences days. Would there be supervisory days,
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so to speak?
MS. JAFFEE: I think that would be the kind of thing
that would be determined by the school district, but my sense is that it
would be on the request of a parent.
MR. FINCH: At the request of the parent.
MS. JAFFEE: Right.
MR. FINCH: And the information is not necessarily
confidential, but it would be expected to be that way; is that correct?
MS. JAFFEE: I believe that that would be part of the
conversation.
MR. FINCH: Part of the conversation.
MS. JAFFEE: Yes. But, there is nothing that would
suggest that in writing, in terms of any kind of confidentiality.
MR. CANESTRARI: Excuse me, colleagues. Mr.
Speaker.
ACTING SPEAKER P. RIVERA: Mr. Canestrari.
MR. CANESTRARI: There will be a meeting of the
Codes Committee in the Speaker's Conference Room. Chairman Joe
Lentol is eager to begin. Codes Committee. Sorry, colleagues.
MR. FINCH: Would the teacher be present at the
meeting with the supervisor and the parents?
MS. JAFFEE: It's not required, but much of this in
terms of how the school district would determine moving forward, a
school district might decide that that would be part of the protocol, but
it's not within the content of this legislation.
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MR. FINCH: So, it would not be required, but it's
possible. Could the teacher request to be present? Also, would the
teacher be aware of the meeting with the supervisor?
MS. JAFFEE: It's not specified in the legislation.
MR. FINCH: So, that's not specified either. So, the
teacher may not even be aware of the situation. Okay. I understand
your background is in teaching, correct?
MS. JAFFEE: Yes.
MR. FINCH: Would this not -MS. JAFFEE: As an educator, usually the
administrator does alert the teacher to -MR. FINCH: I'm having -- Mr. Speaker, I really have
a difficult time -- actually, I'm having a difficult time getting the
attention of the Speaker at the moment. I'm having a difficult time
hearing the responses of Ms. Jaffee.
ACTING SPEAKER P. RIVERA: Colleagues, the
noise is coming from the rear of your side of the Chamber, Mr. Finch.
So, if we can have some -- a little quiet, please.
MS. JAFFEE: It's not within the language of the
legislation.
MR. FINCH: Okay. I think the relationship -- would
you not agree with this, the relationship between the teacher and the
student is very, very unique? And it's very important. There has to be
a bond, there has to be a level of respect between the teacher and the
student for good learning to take place; would that be correct?
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MS. JAFFEE: Of course.
MR. FINCH: Would it also be correct and
acknowledging the fact that that relationship has deteriorated over the
years, the teacher no longer has that connection? The parents -- as a
matter of fact, I hear from more and more teachers that the parents
seem to be an advocate, a very strong advocate, on behalf of their
children, and they should be, of course, but, on almost every issue. If
there's a problem in the classroom, it's the teacher's problem. If the
child is misbehaving in the classroom and there's a discipline problem,
it's the teacher's problem. Are you hearing that as well?
MS. JAFFEE: How is that relevant to the legislation?
MR. FINCH: I think if you have discipline issues in
the classroom and the teacher can't control the classroom and is trying
to discipline the child, I think that affects what goes on in the entire
classroom in regard to educating the children. I mean, there are other
issues. We have children with special needs that are in the classroom.
Those are all entering into the equation as well. So, education is not
what it was 25 or 30 years ago or even longer.
MS. JAFFEE: There were always children who had
emotional issues or educational disabilities. There have always been
children in the classroom. I think we've become more knowledgeable
about it at this time. The challenges in the classroom -- I taught
special education as well, and I understand the challenges in the
classroom and how the teacher needs to engage the parents.
Sometimes that's not something easy to do. The school district needs
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to provide assistance and guidance and designation sometimes, in
terms of emotional issues and learning issues. But, that is all -obviously, the students in a classroom and the opportunities for the
teacher to have a support in the system as well is essential. Within the
context of this legislation, I understand what you're suggesting and
that's why it's important to have the kind of dialogue with parents and
to continue to allow parents to have that dialogue and to engage
parents. You know, that's also an opportunity to engage parents in
terms of their participation and their assistance and there role in this
process of education.
MR. FINCH: I hear this an awful lot. I hear that -when I was in school -- and I hear this from many, many parents,
particularly of my generation -- when I was in school and the teacher
sent home a note or there was an issue, I didn't even want to go home
because I knew I would be disciplined at home. That seems to have
changed a great deal in the last 25 or 30 years. When they go home
now they find someone that will just take the child by the hand and go
down and see the supervisor at the school and report the teacher for
some inadequacy on his or her part. I hear that all the time.
Thanks, Ms. Jaffee.
Could I speak on the bill just for a second?
ACTING SPEAKER P. RIVERA: On the bill.
MR. FINCH: There is no question there's a crisis in
education in New York State, and probably across the nation. The
graduation rates are abysmal, they're atrocious, and we've finally
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found a place to lay that blame, and that's right at the feet of the
teacher. Well, I don't agree with that. I think the teacher does a
fantastic job, and now we've found a way to be able to even create a
problem for that teacher that's even more serious in the classroom by
now we're going to give her a grade. I'll tell you right now, children
and students can be very, very cruel, and when those parents share
those grades with the student, I just can't imagine what it's going to be
like in that classroom for that teacher. There was an example of a
monitor just yesterday, up in the Town of Greece, in Monroe County,
where the students went after her on the bus and they turned her into a
-- it was an impossible situation for her. She'll probably never go on
that bus again, and work with students. Children can be cruel, and
they're going to use this as a tool to destroy that teacher. To release
this information is not appropriate. There's not a teacher, there's not a
building principal, there's not a supervisor in that particular school
that couldn't tell you who is a good teacher and who is a bad teacher;
they know it, and they can tell. Now we're going to put them through
an evaluation process that's going to create more and more of a
problem for the teacher, and we think we're going to solve the
problem of education in New York. We run a school system in this
State from the 19th Century, the Agrarian -- we go to school and we
take vacations because our children need to work on farms during the
summer? That's crazy. We need to find a way to reevaluate the entire
system, and it doesn't begin with evaluations of teachers. They're
doing a marvelous job.
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My recommendation on this piece of legislation is to
vote no. Thank you.
ACTING SPEAKER P. RIVERA: Mr. Fitzpatrick.
MR. FITZPATRICK: Thank you, Mr. Speaker. On
the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. FITZPATRICK: You know, roughly 18 months
ago Governor Cuomo came into office and told us about or outlined
his agenda for improving education in this State. And we do have
problems, as some of the speakers have mentioned. You know, we do
have a troubling graduation rate. We do have a problem in paying for
all of this. Ask our SUNY administrators how much they're spending
at our SUNY campuses for a medial education. There is a problem in
public education in New York State and across the country, and there
happens to be a parent empowerment movement that is starting to
spread; New York City; Sacramento, California; Los Angeles,
California; Philadelphia, Pennsylvania. What mayors and elected
officials are discovering -- and Mayor Villaraigosa of Los Angeles, I
think, said it best, because he accused the teacher's union of being an
unwavering roadblock to reform. And what's happening here is union
power and bureaucratic incompetence, if you will, has created a real
problem here in New York State in public education.
I believe in full disclosure, and I'll be voting no on
this bill. I think parents want and deserve this information. They
know there's a problem. They know there are -- they love their
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teachers, they love their good teachers, but they know there are bad
teachers and really bad teachers, and if this system gets a shake up
because of the release of this information, that is good for the system
because it will lead to change, change that is absolutely necessary
because they know that the tenure system means you can't get rid of
bad teachers. They know that a broken disciplinary system means you
can't get rid of bad teachers. So, I am very, very optimistic that
release of this information -- and don't kid yourselves for one minute
that if this bill passes there will be a concerted and organized effort by
parents to make sure this information gets out. It will happen. So, I
am hopeful that there is a shake up in this system and I wish very
much that this bill would not pass and that this information would be
FOILable, because I believe a shake up of public education in New
York State is a good thing and long overdue, because I can tell you as
a property taxpayer on Long Island, I'm tired of the shakedown that I
experience each and every year by the public education system.
I urge a no vote. Thank you.
ACTING SPEAKER P. RIVERA: Mr. Benedetto.
MR. BENEDETTO: Thank you, Mr. Speaker. On
the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. BENEDETTO: Number one, I don't like this
bill but, like so many people here, I'll vote for this bill because I
believe the alternative is worse. But much more than that, I'm very
distressed about what we're doing. You know, if education in New
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York State was as bad as people say, if education was as bad in the
United States as people say, we would be in terrible shape right now
because, as long as I can remember, and my memory goes back a long
way, people have been complaining about the education system. It
was back in the early '70's, late '60's, I remember, Why can't Johnny
read? Well, apparently, Johnny did begin to read. We're still here,
and the Johnnys that didn't read back in the '60's and the '70's are now
the leaders of today. The education system works. You know the
biggest problem I think we have? It's every administration that seems
to come into Washington, every elected official that seems to come
into the Executive Chamber in New York or in New York City,
they've got an education plan: To solve the problems in education.
And you know what? We should just stay out of the education policy
making and leave that to the professionals. We should select good
people, good chancellors, good administrators, and let them do the
job. They've been doing it for 100 years, and they've done a pretty
good job already. That's what I'm so distressed about here.
It seems we're running around like a chicken without
a head, every new reform -- and as soon as you put the word "reform"
at the beginning of something, it's got to be good -- and we've got to
find a reason why the education is supposedly not working. Well, it's
the unions. Well, if that was the truth, then Texas would have the best
education system in the entire world and country, and look at the
statistics on that. So, we create charter schools to solve a problem,
and maybe there is a problem, maybe there's a rightful place for
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charter schools, but not everywhere. And we throw money here and
we throw money there because the elected officials say, This is a
problem. It's a great campaign issue. That's a mom-and-pop type of
an issue. Let's make it one and let's come up with a plan to solve it.
And so, we run this way on one administration and then another way
on another administration. It's distressing right now.
The best person to evaluate what a principal does is
the principal and the assistant principals in the school. They know the
nuances within the class, and they know how to sit down with the
teacher and try to work out to make that teacher better. Look at what
we've done now. We've got principals who are overburdened already.
So, what are we going to do now? In a school of 400 people, we're
going to have 400 parents coming in, making calls to the overworked
principal of the school, We want to come in and sit with you and talk
about the evaluation of the teacher. Well, isn't that great? Make the
appointments for 400 people, we'll go over the evaluation point by
point and I'll explain to you the nuances that go on here and we'll sit
down for an hour and do that, 400 times. Oh, I'm sorry, principals out
there, I really am, for what we're doing to you today.
Ladies and gentlemen, all I can say is I will be voting
for this very reluctantly, but let's get ourselves out of education, leave
it up to the principals -- leave it up to the professionals. Thank you.
(Applause)
ACTING SPEAKER P. RIVERA: Mr. Montesano.
I've been asked to remind colleagues that we're not
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supposed to clap, and that this is not an arena.
MR. MONTESANO: On the bill, Mr. Speaker.
ACTING SPEAKER P. RIVERA: On the bill.
MR. MONTESANO: Just to point out, because
everybody's about said it, so not to repeat what everybody else has
spoken about, just a thing to point out, though. Last year when we
had to deal with the APPR, we were under constraints to do that
because we were involved with this Race to the Top money, this $700
million. So, for the sake of of getting some money from the Federal
government, we were forced to adopt this evaluation program which,
when reading the bill -- and I voted against it at that time -specifically said that under two categories of probationary teachers,
they could not be denied tenure by a school board or a superintendent
for having poor evaluations or for failing the evaluation. So, they
have to be put through. They were entitled to a hearing at State Ed.
So, you couldn't get rid of the poor-performing probationary teacher.
The way our tenure laws are written, you can't get rid of a
non-performing tenured teacher or administrator.
I had the pleasure years ago to sit on the school board
for three years and I was in the positions of vice president and
president, and I know firsthand what it takes to go through these
disciplinary hearings. They take anywhere from a year-and-a-half to
two years to complete, at the cost of a couple of hundred thousand
dollars, and at the end of the hearing you still have the teacher
employed because the hearing arbitrator makes certain
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recommendations, and that's it. So, now we come to the situation
where we're confronted with the results of this evaluation process that
we put in under the strain for money, and now it's the disclosure of
these scores in whichever shape or form they're going to take. And we
saw what happened in New York City when these scores were
released to the public. It was pandemonium. And there the teachers
are the only profession or only employees of a municipality or a
school district whose evaluations are made public. This happens in no
other government agency, State agency, private agency where you
could walk in and FOIL the evaluation process. As a matter of fact,
for those of you who read the Long Island papers, you know there was
a contempt citation issued to the Majority Leader of the Nassau
County Legislature recently because he dare speak about the problems
of police misconduct that resulted in a $7.5 million settlement to
someone that was killed due to the improper procedure. And dare he
speak about it, he was penalized.
So, now we have this evaluation score and this bill
solely just protects who sees it or in what manner they see it. There is
nothing in this bill, nothing in this bill whatsoever that stops the parent
from releasing this information, as was pointed out before, on
Facebook, having an interview with the media or anything. So, this
bill, just like the APPR bill, does nothing. It's not going to protect the
teacher, it's not going to help them in any way, shape or form. Have
we done anything in the last two years to amend the Education Law,
to streamline disciplinary hearings, to change the burden of proof in
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these disciplinary hearings to get rid of ineffective teachers? We
didn't do that. And my colleague across the aisle a few minutes ago
pointed out some very good points of letting the educators run the
school system. They've been doing it. They put -- all of us went
through that school system and we all survived and did well for
ourselves.
So, most of us have no choice today but to put this
bill in to at least have some minimal control over how this evaluation
information gets out there. But let's not kid ourselves. The teachers
are not going to benefit from this because this bill contains nothing in
it whatsoever to protect the third-party release of this information. So,
like so many of you said before, as we go forward, we need to address
the overall problems with the education system. It truly needs to be
evaluated. I think we should, you know, leave it to the professionals
to do, give them the tools they need, the financing they need but, also,
we have to revamp the State Education Law in order to accomplish
these tasks. Thank you, Mr. Speaker.
ACTING SPEAKER P. RIVERA: Mr. Titone.
MR. TITONE: Thank you. Will the sponsor yield?
ACTING SPEAKER P. RIVERA: On the bill? I'm
sorry.
MR. TITONE: No.
ACTING SPEAKER P. RIVERA: You're asking a
question, Mr. Titone?
MR. TITONE: Yes, Mr. Speaker.
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ACTING SPEAKER P. RIVERA: Will you yield for
a question?
MS. JAFFEE: Yes, Mr. Speaker.
MR. TITONE: Thank you, Ellen. Can I ask you, the
bill, the way it's written, where else is this being done, what we're
doing here today?
MS. JAFFEE: There are other areas. I'll provide it in
one minute. There are other states and I had it in front of me a
moment ago, but there are other states that do provide protection for
the educators and privacy rights while offering to parents the
opportunity to understand the teacher evaluation system.
MR. TITONE: But are they planning for the release
of evaluations before we even know how the evaluations are being
made?
MS. JAFFEE: That is the urgency of this piece of
legislation, because at this particular point, as of August 15th there -MR. TITONE: I understand that, Ellen. I understand
the urgency, I truly do, and I appreciate the urgency, but my question
is, the other jurisdictions that have teacher evaluations and they have,
you know, so-called protections, have those other jurisdictions
actually put in those privacy protections before they even knew what
the evaluations were?
MS. JAFFEE: I don't have an answer for you.
MR. TITONE: Okay. So, we're not even working
off a model that we know to be successful; is that correct?
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MS. JAFFEE: Sorry. I didn't hear you.
MR. TITONE: So, we're not working off a model
that we know to be successful?
MS. JAFFEE: I couldn't answer that as well.
MR. TITONE: Okay. You know, Ellen, you know, I
don't mean to be cute or funny or anything, but this bill kind of
reminds me of that song "Red Solo Cup," you know, because it's
about -- well, you think it's about a red plastic cup and that's good
because they're disposable, they're inexpensive, they're convenient;
but the truth of the matter is -- and this is on the bill, Mr. Speaker.
ACTING SPEAKER P. RIVERA: On the bill.
MR. TITONE: -- the truth of the matter is that that
song's really about drinking. It's about drinking a lot. It's about overdrinking, which is problematic. So, we're thinking we're doing
something here to improve education, but the truth of the matter is is
that we're not. We're trying to, and I appreciate the effort that the
sponsor has put into this. And I say that because if we truly want to
improve education, then charter schools would be included in this bill.
They do, after all, take public money. They do, after all, take public
resources and they do take public space. So, if we were truly serious
about improving the quality of our teachers, then charter school
teachers would be included in this equation.
Like so many of my other colleagues, Mr. Speaker, I
am going to reluctantly vote for this bill, but I do it because I see it
really as my only options being voting on really bad policy or even
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worse policy. Thank you, Mr. Speaker. And thank you, Ellen, for
your indulgence.
ACTING SPEAKER P. RIVERA: Mr. Peter Lopez.
MR. P. LOPEZ: Thank you, Señor. Would the
sponsor yield for a couple of questions?
ACTING SPEAKER P. RIVERA: Ms. Jaffee?
MS. JAFFEE: Yes.
MR. P. LOPEZ: Thank you, Ms. Jaffee. I'm putting
on my former county clerk hat and just thinking back to the period
where I would have to be involved in employee evaluations, and we
had union and non-union staff. The experience, basically, was a
function of working through a set of criteria, questions, metrics, if you
would, that would assess the employee's performance in certain areas,
make some recommendations on areas that could be strengthened,
highlight those areas that were in accordance with proper conduct.
And the goal, I guess, as I think about it, was twofold: Part it was to
meet the mission and the obligation of the office, for one, and then
two, and this is just my personal take on it, to strengthen the employee
in their ability to do the job and to do it proactively and professionally.
After the completion of that exercise, I would sit down with the
employee , we would review it, I would sign it, they would sign it.
We would put it in their personnel file. The personnel office might
have a copy. And that would be the end of the conversation, you
know, unless and until there was some reason, compelling reason, to
pull that performance evaluation out and revisit it.
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I guess that, to me, you know, that's really what
happens for most public employees across the State, but my sense is
that when it comes to education and to our teachers, that it's different.
Maybe you could highlight that for me, maybe respond to that, to that
assertion.
MS. JAFFEE: When we approved Race to the Top
and we became engaged in that process and then APPR evaluations,
but primarily Race to the Top, within the context of that legislation, it
provided, legally, to be able to have release of all information
regarding the evaluation system.
MR. P. LOPEZ: So, with that said, it's a release of all
the information. So, this bill, if I understand it, would be a way of
actually reining some of that in and bringing it back towards what is
really is the norm for other public employees.
MS. JAFFEE: Yes. What we're trying to do here,
given that August 15th is really a deadline in terms of where the
releases will begin, based on the 4th through 8th tests and the
evaluation, we're trying to provide an opportunity to move back and
suggest that there be a balance, a balance between the evaluation
system and strengthening teacher productivity and what goes on in the
classroom and also the opportunity for parents to have a discussion
regarding the teacher that their student has.
MR. P. LOPEZ: So, if I may continue. So, in regard
to this instant bill -- so, we have two aspects: One, we have the
information, the aspect of providing information without names, just
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performance evaluation, generally, to the public-at-large, and then we
also offer the option of giving more detailed information, maybe with
names, to the parents of the specific student; is that accurate?
MS. JAFFEE: Well, the public information -- the
public will be provided information regarding evaluation scores and
the composite scores, but without any connection to any name,
personal name of any of the teachers. It will have privacy. But, a
parent will be able to -- if the parent chooses -- go to the school
district and have a conversation regarding the scores and the context
of the teacher evaluation, the composite score of that teacher. It pretty
much provides a balance.
MR. P. LOPEZ: So, that conversation then, for those
who -- the parents, for example, would be a conversation between the
educator, the administrator, the parent in question? It would be an
intimate conversation about the performance of their student, the
performance of the educator, the effectiveness of the school district in
meeting its objectives?
MS. JAFFEE: As well as an explanation of what the
scores mean in terms of the range of scores so that the parent
understands what that composite score and what that -- what those
ratings mean.
MR. P. LOPEZ: So, back to the other piece, let me
get back to the issue of FOILability of certain documents. So, in
terms of this legislation, we have two aspects: We have the
publicly-released information and then we have this more intimate
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conversation between management, the professional in question, the
student, the parent. Now, is that piece FOILable, that more intimate
conversation between the parent, the administrator, the professional,
the teacher? Is that -- what does this bill do for that conversation in
terms of public access?
MS. JAFFEE: The parent is provided that
information. If there's a request, the parent will be offered the
information regarding the composite score and quality -- the quality
rating and the composite score.
MR. P. LOPEZ: Mr. Speaker, I can't hear. She's
trying to respond in good faith. I can't even hear her.
ACTING SPEAKER MCENENY: Good point, Mr.
Lopez. Could we keep the conversations down? It's difficult to hear
up here and, I'm sure, very difficult to hear across the well.
MR. P. LOPEZ: And, Mr. Speaker, maybe also if the
sponsor could move a little closer to the mic, that might just help to
amplify.
MS. JAFFEE: Well, the conversation will -- when
the parent requests to have this conversation, to have this meeting to
understand about the teacher that that parent's child has, they will be
given the quality rating and the composite score and an understanding
of what that means.
MR. P. LOPEZ: Bear with me a second. So, with
this bill, that information, is it more or less available to the public as a
result of this bill?
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MS. JAFFEE: It's available to the parent of the child
in that classroom.
MR. P. LOPEZ: Okay. So, the total information,
including the name of the teacher, that intimate conversation we
discussed, is less available as a result of this bill, and that addresses
the FOILability aspect, correct? So, if someone were to FOIL the
information, they would get the generic information, but they wouldn't
have access -- unless there was some compelling reason to the issue of
the parent, the administrator, the teacher in the conversation, that
more intimate conversation?
MS. JAFFEE: You can't -- you cannot file a FOIL.
It's not a FOIL process. It's a parent requesting to have information
regarding the teacher that his or her child has, and then that
information is provided regarding the teacher evaluation, the
composite score and the quality rating. In terms of FOIL, people
cannot FOIL that information.
MR. P. LOPEZ: Right. So, it makes information
more restrictive, in essence?
MS. JAFFEE: I'm sorry?
MR. P. LOPEZ: It makes that information more
restrictive because it's not FOILable?
MS. JAFFEE: Yes. Yes.
MR. P. LOPEZ: Okay.
Mr. Speaker, on the bill. Mr. Speaker?
ACTIN SPEAKER MCENENY: Yes, Mr. Lopez.
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MR. P. LOPEZ: On the bill.
ACTING SPEAKER MCENENY: On the bill.
MR. P. LOPEZ: Folks, again, I know this is a very
emotional issue and I think all of us are here for the same mission;
we've had this conversation on different aspects of education. Our
main goal, and I think we all subscribe to this, is quality, affordable
education. I think that's what we want for our young children
regardless of where they live, Upstate, Downstate, inner city, suburbs,
country. I think the whole premise here is, again, a function of trying
to bring a balanced, thoughtful framework for these schools to
operate, and that includes the function and performance of our
teachers. So, I think all of us -- this is just from my perspective, I'm
more interested in having a qualified professional who cares about my
child and their future than engaging in recrimination. I think I'm more
interested in personal responsibility, the teacher being responsible for
their conduct, the schools being responsible for their administrative
efforts, parents being responsible for how they support the
advancement of their children and their educational objectives. I
think it's a collective undertaking. I think, based on what I hear in this
bill, is that we're trying to provide some sanity in this discussion. I
think it warrants our full attention. I think there are other pieces that
we should be talking about later. But, on that note, I find this bill
moving in a direction of sanity and I will be supporting this measure.
Thank you, Mr. Speaker.
ACTING SPEAKER MCENENY: Thank you.
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Ms. Barron.
MS. BARRON: Thank you, Mr. Speaker. Will the
sponsor yield?
ACTING SPEAKER MCENENY: Will the sponsor
yield?
MS. JAFFEE: Yes, Mr. Speaker.
ACTING SPEAKER MCENENY: The sponsor
yields.
MS. BARRON: Yes. Thank you. In this bill, the
intent -- what is the intent of this bill, in a nutshell?
MS. JAFFEE: The intent of this bill is to prevent the
media exploitation and distortion of teacher evaluations in the public
arena that we have seen and that is possible starting August 15th. The
intent of this bill is to provide a balance between providing a quality
education and teacher privacy and respect, as well as a parent's
opportunity to understand what is happening in that classroom that
their child attends and to understand the teacher and the evaluation of
the teacher in that classroom.
MS. BARRON: So, if, in fact, the information that a
parent gets, that parent decides to disseminate in whatever manner he
or she wishes to do, this bill, then, is not preventing that from
happening?
MS. JAFFEE: Even -- the truth is this bill does not
prevent that but, even today, you and I know that a parent can come
into a discussion with an administrator regarding a teacher and their
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concerns in that classroom and that, even today, can be released in
terms of that discussion.
MS. BARRON: Right. But we're not, I don't think,
achieving the intent if the intent is that it not go -- you know, the
media exploit it. Parent groups could gather information and then, in
fact, disseminate it in whatever manner they wanted to. So, there's no
prohibition in this bill from stopping parents. There's nothing in this
bill that stops a parent or parent group or any other body from
disseminating that information.
MS. JAFFEE: Not legally. That would be difficult.
I think we would have to determine -- we would have to trust the
parent's judgment.
MS. BARRON: Okay. And are charter schools
bound by this bill?
MS. JAFFEE: No.
MS. BARRON: Why were they not included?
MS. JAFFEE: They're -- apparently, they're not
subject to the evaluation system, from what I understand.
MS. BARRON: Thank you.
Mr. Speaker, on the bill.
ACTING SPEAKER MCENENY: On the bill.
MS. BARRON: I will not be voting for this bill if the
intent is -- as has been stated , this bill does not prevent information
about particular teachers from being disseminated. I also am very
disturbed by the fact that that very body of schools, the charter
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schools, which were the reason that so many people voted for the bill,
so that they could get the increase in charter schools, are not bound to
the same requirements of this bill. I think that what will be happening
is that public schools will have information about teachers who are,
perhaps, ineffective, in large numbers and that charter schools will be
shielded from having to expose or to present information about what
their teachers are doing or the level of effectiveness of their teachers.
Here again we have this two-tier system and we're
making it bigger and bigger and bigger as we go along. And I think
that this bill is adding to that division, it's adding to that divide. It's
adding to protecting charter schools from the other kinds of
requirements that public schools have to adhere to, and I don't think
that that's good. I don't think, also, that this bill takes into account
those factors that a teacher has to encounter in a classroom that impact
on the teacher's effectiveness. In the district where I worked, there
was a school that had a large population of homeless children. Those
children had high absentee rates, for various reasons, and that
certainly is a factor in determining a teacher's effectiveness if the child
is not in school.
So, I will not be voting for this bill. I think it
continues a divide. I think it continues to put charter schools on a
pedestal, that they have no foundation to stand on, and I think it's very
divisive and it keeps our children pitted against one another. Thank
you.
ACTING SPEAKER MCENENY: Thank you.
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Mr. McLaughlin.
MR. MCLAUGHLIN: Thanks, Mr. Speaker. Would
the sponsor yield?
MS. JAFFEE: Certainly, Mr. Speaker.
ACTING SPEAKER MCENENY: The sponsor
yields.
MR. MCLAUGHLIN: Ellen, thanks for indulging all
these questions. Just a couple of quick ones. When will the first
teacher evaluations, when are they be scheduled to be completed? In
other words, when could we expect the first evaluations to be done?
MS. JAFFEE: On August 15th, legally, they can be
FOILed.
MR. MCLAUGHLIN: This year?
MS. JAFFEE: Yes.
MR. MCLAUGHLIN: Okay. All right. Thank you.
So, as we've seen, the public-at-large gets no identifying personal
information, but the parents and legal guardians do get the identifying
personal information, correct?
MS. JAFFEE: I'm sorry. I didn't hear you.
MR. MCLAUGHLIN: I was just saying that the
public-at-large, as we know, does not get the release of the personal
information, but the parents do, correct?
MS. JAFFEE: In the context of this legislation?
MR. MCLAUGHLIN: Yes.
MS. JAFFEE: This legislation?
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MR. MCLAUGHLIN: Right.
MS. JAFFEE: Yes.
MR. MCLAUGHLIN: Okay.
MS. JAFFEE: The public will be provided
information regarding overall evaluation scores and composite scores
and information about the district, poverty level, such as that, but none
of that information will include any information regarding any of the
private information regarding teachers or connect teachers to any of
that information, and it cannot be FOILed.
MR. MCLAUGHLIN: I missed the last sentence.
MS. JAFFEE: And it cannot be FOILed.
MR. MCLAUGHLIN: On the public side, but with
the parents, they get all of that. Well, they get the personal
information, if you will.
MS. JAFFEE: They get the quality rating and they
get the composite score and they get information regarding what that
means, what does quality -- you know, an explanation of quality rating
and the composite scores.
MR. MCLAUGHLIN: And they get the teacher's
name, right?
MS. JAFFEE: Well, they're asking for -- they're
asking for information regarding a specific teacher that their child
actually has in the classroom.
MR. MCLAUGHLIN: Right. So, coming up, now
the kids are all getting out of school and now they know who their
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teachers are going to be next year, right? If they're out of school today
-- a lot of them are getting out -- they already know, I'm going into
second grade next year, I know who my teacher is. Can they that
FOIL that right -- well, this year it would have to be August 15th at
the earliest, but in years going forward could they FOIL it on the day
school ends and say, I want to know who my -MS. JAFFEE: No.
MR. MCLAUGHLIN: They have to actually be
physically in the class already?
MS. JAFFEE: In this legislation, yes.
MR. MCLAUGHLIN: Okay. All right. Thank you,
Ellen. I appreciate it.
Mr. Speaker, on the bill.
ACTING SPEAKER MCENENY: On the bill.
MR. MCLAUGHLIN: This is a troubling bill. I'm
married to a teacher and I voted against the teacher evaluation bill. I
thought that was a lousy bill. I think in hindsight we probably should
have told the Feds to take the $700 million and keep it, because that's
what I'm getting from my school districts throughout the area, is that it
costs us more to chase this money than we're getting in this money.
So, I think it was a complete farce, and I think we've created yet
another bureaucracy. It's troubling.
I don't think this bill, even though I get where we're
trying to go, we're trying to strike a balance, but in the end we're one
step removed from parents, which we already have said, and I agree
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with this, they're going to seek those evaluations, they're going to
create a website. I already went to godaddy.com. You can get
teacherscores.org or teacherscores.net, that's available. You can grab
that, create a website. Andy Raia just bought it. You can grab that
website and they're going to load up these teacher evaluations. So
we're branding these teachers. And don't anybody kid themselves into
thinking people are going to be running around saying, My teacher's
developing. My teacher is highly effective. It's either excellent, good
or bad. That's what this is going to become. We saw, as our colleague
talked about just the other day where these kids were just badgering
this poor woman on the bus. It was insane what was going on there
and I hope there's retribution for that.
But, I don't think this bill achieves really anything,
even though it's well- intentioned, we're trying to strike a balance. It's
just simply going to create a black mark on these teachers, and I don't
think it protects the privacy to which they're entitled. I also believe
that -- well, that's, truthfully, most of it.
I mean, it's a troubling bill. I honestly still don't
know which way to go on this. I don't think it protects teachers. I do
think parents have some right to know what's going on there in the
classroom. They're paying the bill, after all. I get that. But to just -it seems like we've got the torches and the pitchforks and we're
coming after the teaching profession. And most all of them do an
outstanding job, they care about their kids, they're passionate about
what they do, and to brand them as ineffective for areas that may not
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even be their fault -- we've got major problems with our school testing
out there right now. We're relying on a British company -- I don't
know why we can't get an American company to produce our tests -but we've got a British company coming up with a question such that
involved talking pineapples. Questions that you can't even FOIL -did anybody know that? I've been told by a superintendent that you
can't FOIL these new tests. That's a new one on me because you
could always FOIL the Regents exams and check the rubric and check
what was going on. You can't do that anymore. I would like to find
out why we can't FOIL these tests and see what's going on because
there are major problems with these tests.
We've got kids -- one of my school districts just
magically keeps getting selected for random testing over and over
again, and they're throwing questions in there that the kids are not
supposed to know. So, what happens is the high-achieving kids are
breaking down in tears because they're used to knowing all the
questions. How could they not know the questions? How could they
not know what's going on? They're being set up for failure. You've
got kids that are breaking down taking these tests. You're going to
rely on that to evaluate teachers when we can't even get good testing
out there? We rely far too much on standardized testing. That's not
learning, that's regurgitation.
The truth is, I don't know what I'm going to do on this
bill. There are major problems with this bill and I don't think it
achieves anything.
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ACTING SPEAKER MCENENY: Thank you.
Mr. Canestrari.
MR. CANESTRARI: Mr. Speaker, my colleagues,
we all know this is a very important bill, but we don't want it to be the
only bill we do this afternoon.
(Laughter)
There are more and more lights coming on. If we can
either explain our votes or condense our comments, we will never
finish up what we want to do today, at the time of day we want to end.
And those bills -- we estimate that for every five-minute speech we
lose two bills on consent. So, we either have to move this process
along or acknowledge the fact that a lot of our bills aren't getting done
this Session tonight.
With that, there will be a Housing Committee
meeting. Vito Lopez is available in the Conference Room for the
Housing Committee. Let's do what we can do to expedite this
process. Thank you.
ACTING SPEAKER MCENENY: Thank you, Mr.
Canestrari.
Mr. Latimer.
MR. LATIMER: Thank you, Mr. Speaker. I'm
mindful of what Mr. Canestrari has just said. I don't tend to speak
very much, so I will take just a couple of minutes on this important
issue. This also may be my last functional day in this Chamber, so on
an issue that matters to me I would like to share my thoughts as
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quickly as I can.
My professional career in business, for the first five
years of it, was involved in direct sales and in management, director of
sales of other sales managers. I suspect that that experience was not
really dissimilar from Mr. Hawley's experience in the insurance
business, Mr. Finch's business career, Ms. Schimel's business career,
the fact that Dr. Katz manages a practice, Mr. Reilly has owned a
business. And I make those references because in my first five years
of business, I was trackable in a quantifiable way every single week. I
had a weekly quota that I was responsible for and, later, when I
managed people, that they were responsible for every week. And that
trackable, quantifiable goal involved signed contracts that had a
revenue attachment to it. I learned personally that to miss a week or
two or three of a goal put you personally in jeopardy, put your
business in jeopardy, and I suspect that if Steve and Michelle and Bob
and Steve all got up to talk about that, they have their own
experiences in that way. Mr. Amedore, the same situation. But what I
also learned, both in my managerial responsibilities and then later on
is that there are things that are quantifiable and there are things that
must be dealt with in a qualitative evaluation.
That is at the nub of what we are talking about in this
debate. There are issues that relate to school funding and the the cost
of taxes that relate to schools, and that gets tied into this issue. There
are questions about how people see the power of a union or the power
of school boards, and that gets tied into this conversation. But the real
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question is how do you evaluate a function? How do you put metrics
or qualitative guidelines on something -- quantitative guidelines on
something that is more qualitative than it is quantitative? That sounds
like a where's he going, intellectual exercise? But we are striving,
because of the political climate, to attack something that is very hard
to do to this particular function.
I had the opportunity to go to public schools and I
attended a public school system in this State that was in one of the
poorest districts in this State, growing up in one of the poorest
neighborhoods of that community. My daughter had the privilege of
going to school in a public school system in one of the wealthiest
communities in the State and one of the wealthiest school districts.
Those are the two experiences that I can personally draw off of. My
experience in public schools, my daughter's experience in public
schools, stretched out 35 years in between. And I could see every day
that while I'm no educator, the public schools that had resources, the
public schools that had the quality physical facilities, the public
schools that had the quality equipment, attracted the kind of teachers
and also got the kind of results out of the student bodies and also
because -- and I think this was a point Ms. Barron made -- the kids
who come into the door do not come in completely equal in
opportunity. They walk into the door with a variety of personal
stories, and some of those stories when they go home at night involves
being in an environment where there are drugs, being in an
environment where there are gangs, being in an environment where
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there's not proper nutrition or there's domestic violence. Other kids
walk in those doors without those particular situations. So, for us to
say that there can be a standardized metric that will allow us to
evaluate the role of the teacher as one function that may help a child
learn, and that is to be tracked metrically by the way they perform on
standardized tests, is to try to impose a system of discipline on
something that isn't intrinsically designed to do that. I think Mr.
McLaughlin made that point in his comments.
My sense is, as I look at this issue, is that if we're
going to try our best, imperfectly, to quantify how teachers do and
give them a grade -- and I think Steve is right. This is going to distill
down to excellent, good, bad. Or, in the mathematical world, do they
score 90 or do they get an A, a B, a C, a D or an F? Well, do we apply
that standard to firefighters? Do we look at the four firefighters who
respond to a firefighter and do we say Johnny's a B-quality firefighter
and Danny's a C firefighter? And we have metrics, the number of
minutes it took for him to put his equipment on and go down the pole.
Do we apply that to sanitation workers? Do we say that Jim on the
truck is an A-quality sanitation worker, but Joe on the other side of the
truck, he's a C-quality guy. Do we apply that when we look at how
our garbage is being picked up every day? Do we apply that to the
people in the DEC that are testing water? Do we apply that to the
public health professionals who have doctorates who still work in a
public sector environment? Do we apply that to the State Troopers?
Mr. Castelli was a Trooper. When a Trooper pulls you over, do you
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sit there and say, Let me get his badge number and let me find out if
he's an improving State Trooper or he is an accomplished State
Trooper. All you know is that State Trooper is going to give you a
ticket if you've done something wrong, and your evaluation of him is
irrelevant to that moment. And we could extrapolate this to every
possible public environment. A ferry boat captain; should they be
graded? How about Metro-North conductors or Long Island Railroad
conductors? Shouldn't they have a grade? I've got a few grades for a
few conductors I would like give out if we get to that point.
My point is this: We have a financial problem in
funding education and we have an ideological gap between how
people view the role of education in this society. As we look to try to
improve education, you cannot look at districts like Rye, Blind Brook,
Larchmont and Mamaroneck in my district that are proving that the
product of students that are coming out are performing based merely
on the quality of the teachers and the school districts, because the kids
that go in have certain advantages that others don't have when they go
into the Mount Vernons or other urban parts or some rural parts of this
State.
So, as I get ready to sit down, as a marketing person,
I can come up with a marketing slogan. Race to the Top sounds good;
I voted against that. We've had No Child Left Behind, Contract for
Excellence. Why not create something called "Ladders for Success"?
That sounds good. Let's make that a marketing program and impose
that as another new vision. This is Mr. Benedetto's point.
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The reality of this is we're in a compromised
situation. There are those who want to have full disclosure and
tracking of grades and there are people who want to have no such
situation. The bill that is put before us is a compromise. I feel as
conflicted as Steve McLaughlin does because there are elements of
this -- I could walk away from this vote and say, once again, I'll vote
no and get in trouble for it. But, I recognize that the Senate has passed
this, the Governor's ready to go on this. I've taken more time than Mr.
Canestrari would like me to take, but let me say this in sitting down
and closing: We have created an education system that, with all of its
flaws, is still the envy of the world. It is still the envy of the world.
And if we're going to start mucking around with it recklessly, we're
going to take our ideology first or we're going to deal with legitimate
issues of financing education and mix it into the way we administer
education, we are going to wreck what has been created over
generations.
I'm likely to vote for this as a compromise, but I
cannot, as a public school graduate, encourage us to do things that,
ultimately, will be reckless to public education because America is
great for many reasons, and one of them is the fact that every
American gets the chance for a public education.
ACTING SPEAKER MCENENY: Thank you.
Mr. Abinanti.
MR. ABINANTI: Thank you, Mr. Speaker.
Evaluations are designed as a tool to improve the quality of teachers
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and other school personnel. Public disclosure of unexplained raw data
about evaluations to the general public undermines that purpose. It
makes supervisors reluctant to document negative items or
constructive criticism of others who they must continue to work with
and help to improve. It replaces a cooperative working environment
with an unconstructive tension. Teachers will review and challenge
every critical comment, rather than accept criticism gratefully.
Evaluators will shade their reviews to buttress their conclusions.
Principals and school boards will be subject to unfair criticism that the
administrators and teachers that they hired are not performing, all on
the basis of raw data that is not understood by those making these
evaluations.
This legislation is not good legislation. It does not
totally solve these problems, but it lessens the problem by restricting
what is released. So, it's better than doing nothing. If we do nothing,
we end up with a system where everything is released and we end up
damaging the very school systems that we're trying to improve .
So, Mr. Speaker, I will reluctantly vote in the
affirmative.
ACTING SPEAKER MCENENY: Thank you.
Ms. Galef.
MRS. GALEF: Well, once again, sitting next to my
colleague, we have some of the same things to say with different
conclusions. I would like to agree with my colleague from Brooklyn
who spoke two hours ago on this. Gross data information should be
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released to the public in a very large way but, again, comparing one
school to another, as my colleague from Rye had mentioned, is
sometimes very, very complicated and not fair. I believe strongly in
teacher and administration evaluation, but I also believe strongly that
this should be kept confidential. It is a tool to be used as every other
company, business, public service entity does. They keep it
confidential. It's to be used to evaluate the teacher, get a mentor for
the teacher. Especially if it's a new teacher, you have a lot of things
you need to do to help that teacher along. It could be that through the
evaluation you would need extra classes for the teacher in certain
areas where they are falling below standard and, at the end of the day,
with the evaluation, if the teacher doesn't reach the goal that you want,
then you have to start the dismissal process, which is important, and I
think we've made some corrections on that to help it go faster.
I think in the long run, that with these open
evaluations, that parents are going to be choosing teachers and
teachers are going to be choosing students or courses that they feel
will be easier for them to get a better evaluation, just because all of
this is public. I also believe, as my colleague said, that honesty in an
evaluation or objectivity or in-depth evaluations may not take place
because everyone knows that anybody can come in the door that's a
parent and get the information for the teachers.
If I were a teacher, as I used to be, I can't imagine
walking around my community, going into my supermarket and being
labeled as, perhaps, not the best teacher, maybe I'm not on the top,
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maybe I have an 85 percent rating, an 85 rating. I mean, our kids
don't walk around with those kinds of things. Well, maybe they do if
other kids are told their grades. But, we want teachers to live in the
community and we don't want to put them at an advantage -- a
disadvantage because they have a grade attached to their being. I
think we have another solution to address the court case, and I think
our solution today would have been to pass a bill to say this
information is confidential and let's go on with our business of the
day. I'm afraid that we're not doing that and, because of that, I cannot
support this legislation.
ACTING SPEAKER MCENENY: Thank you.
And for the second time, Joel Miller.
MR. J. MILLER: Thank you. Let me tell you, I
think it's outrageous to have something this important that because of
the time of the day we should sweep it under the rug. This is a serious
thing. I stood on this floor when the evaluation bill came out, and we
pointed out over and over and over again how flawed that bill was.
Right now, as it was pointed out, a probationary teacher can't teach at
all, could get removed before the end of the year. Under the
evaluation plan, that teacher has to get a bad evaluation the first year,
guaranteed to come back the second year, a bad evaluation the second
year, and just before they get fired, they appeal. Now you can't
dismiss them while there's an appeal going on, you have to go through
an appeal process which hasn't even been designed yet. And then if
they come up for tenure, you cannot deny them tenure for poor
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performance if there's an appeal going on. And so, we're talking about
evaluating teachers. We should have been talking about getting rid of
bad teachers.
We have done nothing since 1995 to do anything to
get rid of bad teachers, and the bill that we should have voted against
keeps them on for three years and could potentially guarantee them
tenure. Boy, we have really moved forward. It is unbelievable. And
then what do we have? Well, we're legislators, we're not too bright,
we really need multiple choice. So, even though we say we really
don't like this bill, we're going to vote for it because the other choice
is even worse. Is that what we're here for? To pick the least of all the
evils when we know it's evil? Why can't we just say, You know what?
We're not passing this bill. This bill is no damn good and we'll wait
around. Give us a better bill. But no, we've got to go home, we've
got to have dinner, we have to do this, we have to do that, let's just get
it over with. That's why we're in the situation we're in right now. We
have never grabbed education by the horns and said, You know what?
There are good and there are bad, let's protect everyone and just
move on.
The performance of our school system, on average, is
horrible. And, of course, averages are misleading. What goes on in
New York City is not what goes on in my district. But, the average is
still a problem and we do nothing to fix it except come up with, I'll
vote for the better of two evils. Boy, we should really be proud of
ourselves. The better of two evils. Like we're incapable of coming up
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with a good bill? We're incapable of doing it right? We're incapable
of doing anything other than what the leaders gave us? This is a State
that's run by three people, the head of the Senate, the head of the
Assembly and the Governor. The rest of us are really highly-paid
rubber stamps. Yep, just give me that bill, I'll argue, I'll pretend.
Rubber stamp it. Yep. This one will do because it's expected I vote
for it. Good. I'm sure the public would really embrace this. They
kind of love that idea. Yeah, I voted for my person. They'll vote for
the better of two evils. That's why we live in New York because we
don't actually expect anything to be right. We just expect it not to be
the absolute worst because they picked something that was better than
the absolute worst. That's terrific. Really great.
This bill is terrible. This bill subjects people to the
worst possible evaluation. And let me ask you, do you think a parent
is going to sit in an administrator's room and have the administrator
say, Yeah , I know it looks bad. Your teacher got the worst possible
grading possible. But hey, you know, there were circumstances
beyond that teacher's control and we certainly want your kid to stay in
that classroom because that's the only teacher we have because New
York State does not have a reasonable, rational policy which permits
us to get rid of a bad teacher. $250,000 and three years to get rid of a
bad teacher and, under this bill, we've now made it five years and
potentially $250,000. What happens once the teachers realize the real
trick is just to appeal their rating? Well, you can have enough
teachers appeal their rating so that every school district starts going
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broke just paying for the appeals.
Sometimes we have to grab whatever that bull looks
like, tackle it, put it on the ground and say, Enough is enough. This
bill is no good and I'm not voting for it. But, once again, this bill is no
good but, of course, I'm voting for it. It's really pitiful and I will not
be voting for it. I did not vote for the evaluation bill and this just
perpetuates us moving in the wrong direction. Thank you.
ACTING SPEAKER MCENENY: Thank you.
Mr. Canestrari. All right. We'll move ahead.
Ms. Lifton.
MS. LIFTON: Thank you, Mr. Speaker. As a former
teacher -- I taught high school English for eight years, daughter of a
teacher, sister of a teacher, friends with many teachers, a friend of
many teachers, it's certainly been heartening to hear the discussion
today in this Chamber and all the common ground there seems to be
on the appreciation and support for public school teachers. Many here
have suggested that we are headed in the wrong direction in terms of
how we improve public schools, and I agree. I hope we will decide to
join together across the aisle and across both Houses to let our Federal
government know -- and remember, this began, this all began with No
Child Left Behind under President Bush, continued under President
Obama, and the editorial boards around our State and around our
country that have brought us to this day.
The country of Finland has no standardized tests.
They do not do any standardized testing of their children from
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kindergarten through high school. Teachers give tests, but they do not
take standardized tests. They take one international standardized test
a year because they agreed to be part of looking at international
norms. They managed to be on the top of the heap every year, often
number one, the very best schools in the world that do not engage in
any standardized testing of any sort. They don't even look at the -they don't even care what the results of the standardized tests are, that
international test. They know they're doing a good job and they know
their children are learning. They know that they're being respectful of
teachers, the people that take care of their children every day, teach
them, care for them, deal with all kinds of issues with children every
day.
When one expert in Finland was asked what teachers
-- what the teachers in Finland would do if such a plan was put
forward there, he said they would walk out of the schools en masse
and not return until all this nonsense stopped. Of course, our teachers
don't have that power under the Taylor Law to walk out. They are
very demoralized and very discouraged; we are all hearing that
clearly. It is up to us, as legislators in State government, to stop all
this nonsense that we can rate, we can evaluate teachers effectively
this way. We have many, many wonderful, dedicated teachers around
this State -- I know I do in my Assembly District -- and they are
demoralized. And all of this push for public release, all this -- the full
public release, certainly, that the court talked about would demoralize
them further. Principals will be demoralized and swamped. And what
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will we do? They will have to hire more administrators to deal with
this. Rather than hiring teachers and holding onto teachers, we are
going to hear more complaints, fewer teachers, more administrators.
Like most others, I will vote for this bill as a
necessity, and I thank the sponsor for grappling with this very difficult
situation because of the court decision we are under that would make
matters even worse. But, I hope this discussion today is the beginning
of a plan to start changing direction in the State of New York. Thank
you, Mr. Speaker. I urge my colleagues to support this bill.
ACTING SPEAKER MCENENY: Thank you.
Mr. Tobacco.
MR. TOBACCO: Many of you this week had the
opportunity to see, I guess, the reason why I will really not be coming
back this year. You got to see my four beautiful children. My oldest,
Madison, is 10 years old. She's in the fourth grade at PS1, Public
School 1 in Tottenville. And I have to say I guess the positive thing of
what we're doing today is that we're having a conversation and we're
speaking and we're focusing and, hopefully, we're listening to one
another. I've had to deal with Madison this year -- and this is my prize
student. This is the good kid - the kid that did love school - not
wanting to get up in the morning to go to school, not eating her lunch,
not eating breakfast, being very nervous and scared because all she
heard all year long was State test, State test, State test, State test.
You know, there's an old expression, "stuff flows
downhill." So, what happens is -- and it's been said many times here
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today on the floor, ultimately, this is about our children. It's about our
kids. So, from the foxhole, if I could share with everybody from the
foxhole, we really need to think of what we're doing. We need to take
politics out of this. We need to take checklists off of this, to think of
future palm cards to say, Hey, I said I was going to do something and
I did it. Well, guess what you're doing? You're getting a little
10-year-old girl in Tottenville, Staten Island who used to love school,
you're getting her sick. She's not eating her breakfast. She doesn't
want to go to lunch and she's not excited to learn anymore because
she's getting scared about a State test.
And let's follow the trail here, folks, of what we're
talking about when I say about the stuff flowing downhill. These
mandates and these pressures that we are putting upon the system, it
flows downhill. And if everybody is worried and looking over their
shoulder, ultimately, the last stop is our precious children that we are
trying to educate. Maybe we need to reevaluate ourselves. I vote no.
Thank you.
ACTING SPEAKER MCENENY: Thank you.
Ms. Barron for the second time.
MS. BARRON: Thank you, Mr. Speaker. I do
respect the request that we be concise, but I want to commend all of
my colleagues for understanding the importance of this issue to not be
determined -- to not be limited by the clock and not express our points
of view, whatever they may be. So, with with all due respect, I
commend all of us who are continuing to talk on this issue to try to
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sway our colleagues to our point of view.
I just briefly want to say that even though the bill says
the information will only be given to the parents of the child in that
class, if I have a child that's going into Ms. Jones' class next year, I'm
certainly going to ask a parent who had Ms. Jones this year, what was
that teacher's rating. So, we're not, again, getting at the intent of the
bill to have it limited to the child of the teacher presently in the class.
And my colleagues now have reminded me that in our Body and on
one side of this we talked last year very vehemently about limiting
testing to only 20 percent. There was a big debate about that, a big
discussion and we felt very strongly about it, but when it came to the
end, we capitulated and let it double so that now up to 40 percent can
be determined by standardized testing. We are encouraging testing,
testing, testing and we are encouraging prep for testing by approving
this bill. I don't want to say that people will do unscrupulous things,
as has been found in other states where teachers have not held a high
standard of integrity and just administered a test and taken the results
as they have come, but have done other things to manipulate that data,
but that is a possibility. I would hope that that does not prove to be
the case, but that is a possibility.
We're also talking about encouraging New York City,
in particular, to increase its contract budgets for testing, which is
where the greatest increase in New York City has been. It's been in
testing contracts, contracts for testing. So, we're now adding more
fuel to that by encouraging people to prep test, do the prep for the test.
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So, more and more money is going to go into that field. We are not
going to have balanced curriculums when teachers are focusing on
proving themselves to be effective based on a standardized test. And I
don't know for sure, but I would believe that the elite private schools
in New York City do not give standardized tests but, in fact, engage
children in their learning; in fact, have education that is centered
around what their interests are and have a broad background in getting
children to know that education is about sparking their inspiration and
their innovation and their creativity. We certainly do not do that when
we have teachers that are so concerned about preserving their jobs and
getting good results that they emphasize the test.
So I, once again, encourage all of of my colleagues to
vote no. Thank you.
ACTING SPEAKER P. RIVERA: On a motion by
Ms. Jaffee, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect on the first
day of July, 2012.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Ms. Malliotakis to explain her vote.
MS. MALLIOTAKIS: Thank you, Mr. Speaker.
ACTING SPEAKER P. RIVERA: Excuse me, Ms.
Malliotakis. Colleagues, please. I'm sorry, Ms. Malliotakis.
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MS. MALLIOTAKIS: Thank you, Mr. Speaker.
You know, I'm a freshman in this Chamber. I've only been here for
two years now, finishing up my first term, and I have to tell you that
through the two years that I've been here, I've never heard so many
people get up and say how terrible a piece of legislation is; however, I
will reluctantly be voting for it. I think it's unbelievable that we are
trying to jam this piece of legislation down our throats on the last day
of Session and we need to do it by 5 o'clock p.m. because we need to
go to a party at the Governor's Mansion, and we're not taking the
proper time to discuss, to debate on something that is so important to
the future of our children.
I want to protect our teachers, too. I'm a public
school graduate, very happily went to school, elementary, junior high
school, high school, all in the public school system on Staten Island. I
want to protect our teachers, too. I want to make sure that, like all
employees, they don't have to have their evaluations shared to the
world or be humiliated in the local newspapers. However, I can't vote
for something that we really haven't had a proper discussion on, a
proper debate on. And I agree with a lot of my colleagues who spoke
earlier saying that, you know, we can't have 500 parents rushing into
the principal's office looking for an evaluation or a score. I think this
is the wrong road that we're going down today. I will not be
supporting this bill. I think that this is a dangerous situation we are
putting our children in to force teachers, of course, to be teaching to
the tests. This whole system needs to be revamped and re-looked at,
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and it's not something that's going to happen on the last day of Session
but, hopefully, when we come back in January, we can take a serious
look at what needs to be done here. Thank you.
ACTING SPEAKER P. RIVERA: Mr. Simanowitz
to explain his vote.
MR. SIMANOWITZ: First, I would like to
congratulate all my colleagues who actually sit in the Chamber to do
their jobs instead of just coming in here when they have something to
say on a specific issue. You know, I find this whole debate a little
surreal. You know, I understand why the newspapers want this
information. Newspapers want this information because newspapers
are in the business of selling newspapers, and what sells newspapers
better than a little controversy? So, they want this information. But,
you know, I thought, and I believe that everyone in this room has the
best interests of the students at heart. I wish somebody could explain
to me how we serve the best interest of the students by giving this
information to newspapers. How will a student be served by the
newspapers having this information?
You know, in New York City we're seeing higher test
scores, we're seeing higher graduation rates, but what we're not seeing
is higher college preparedness rates; in fact, they're going down
because we're not letting our teachers teach. Our teachers are teaching
for a test. They're not testing on what they're teaching. The City has
to -- the City, the State, the nation has to really start to evaluate their
curriculums and what it is we're expecting our teachers to do. Are we
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expecting our teachers just to make sure that kids are performing up to
a certain level so that they look good or do we want our kids to
graduate and go to college and get good jobs?
I mean, people could say this is not a good bill, it is a
good bill, it's an okay bill. You know, we have to do what we have to
do and we have to let them teach. Our job is to legislate; their job is
to teach. I'm not going to tell them how to teach and I'm not going to
let anybody tell me how to legislate. I think this is a good bill and I
vote in the affirmative.
ACTING SPEAKER P. RIVERA: Mr. Skartados to
explain his vote.
MR. SKARTADOS: Very briefly, sir. It's been said
that perfection is the enemy of public good. So, thank you. I'll be
voting in the affirmative.
ACTING SPEAKER P. RIVERA: Mr. Vito Lopez to
explain his vote.
MR. V. LOPEZ: I'm one of those people that had a
committee meeting and came in. I wasn't here, so I fit in that
category.

But, my priority when I come here, my priority when I

come here is, and I repeatedly have said this, is not the teachers, it's
not the principals, it's not City Hall. It turns out to be the children, all
right? We spend the most money per kid to learn and get an education
and, categorically, there's a failure. So, we could blame it on the man
in the moon, we could blame it on the environment in the community,
the smells, or this or that. God forbid we could say it's within the
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system, all right?
I'm going to vote yes on this bill. I believe in
disclosure. But, I really want to push -- and that's a dirty word here,
and I will continue to do it every opportunity I can -- to have
accountability. There is no reason that children that go to my school,
schools in my district -- and it's not just my own district -- the
Hispanic community does not get a quality education in poor
neighborhoods. There is no reason. Unless I accept two theories:
That they, themselves -- and sometimes you start to believe it -- that
they're not that intelligent to begin with because, God forbid, it could
be the principal or the teachers. We can't mention that because that's a
taboo. What we have to do in every system is to reward the competent
people and remove the incompetent people. We have to make success
the criteria so our children can benefit.
I'll vote for this with a lot of ambivalence because I
want an efficient system, one filled with a lot of accountability for
only one group of people. My first, second and third priority are the
children of New York City. So, I vote yes with a lot of reservations.
ACTING SPEAKER P. RIVERA: Mr. Canestrari.
MR. CANESTRARI: Yes. There will be an
immediate meeting of the Ways and Means Committee in the
Speaker's Conference Room. Colleagues -ACTING SPEAKER P. RIVERA: Ways and Means
immediately, colleagues.
MR. CANESTRARI: -- Denny Farrell awaits your
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arrival. Ways and Means, please. Continue. Thank you.
ACTING SPEAKER P. RIVERA: Ms. Jaffee to
explain her vote.
MS. JAFFEE: Thank you, Mr. Speaker. I am very
pleased about the conversation this afternoon, the conversation about
APPR, about Race to the Top, about No Child Left Behind, about the
problems and the concerns -- and serious concerns -- about testing.
This is an important conversation and a productive conversation
because moving forward, the education system in New York, we need
to continue to have this conversation. How do we provide quality
education for every child in our community, and how do we support
our educators in a productive way? And that's what this conversation
was about, and I'm very, very pleased that we have inspired this
conversation with this legislation. I hope that we can continue
moving in the direction that so many have discussed today.
But, I do want to recognize the Governor in having
listened, listened to our communities of educators and listening to us
regarding the concerns that we face August 15th in terms of complete
release of every piece of information regarding educators and the
testing system and the evaluation system. What's important is this bill
will prevent media exploitation and distortion of teacher evaluations
in the public arena and online. And that's the right thing to do, and it's
an important thing to do. This bill specifically prohibits the public
release of personally-identifying information for any teacher or
principal to the media or online, and this bill would preserve the
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purpose of evaluations, which is to provide an opportunity for
continued growth and improvement in the classroom, in the school
and in the community. The bill honors the partnership between
teachers and parents by allowing parents to request information on
their own child's teacher while accomplishing the essential principle
of preventing the release of personally-identifying information in the
press and on the internet.
I really so appreciate my colleagues' support -ACTING SPEAKER P. RIVERA: Ms. Jaffee, how
do you vote?
MS. JAFFEE: -- support of educators and, together,
we have to assure appropriate funding for our schools and support for
the teachers and, of course, to provide our children with the education
they deserve.
ACTING SPEAKER P. RIVERA: Ms. Jaffee, how
do you vote?
MS. JAFFEE: I'll be voting in the affirmative.
Thank you.
ACTING SPEAKER P. RIVERA: Ms. Nolan to
explain her vote.
MS. NOLAN: Thank you, Mr. Speaker, my
colleagues. First, let me address my real deep gratitude to Speaker
Silver, Louann Ciccone, Jim Yates, Mark Casellini, Greg Berck,
Susan Bolling, who had a baby in the middle of this process, Devra
Nusbaum, David Aglialoro and, most of all, to Assemblywoman
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Jaffee, all of whom have spent a great deal of time and effort this
Session, as many of my colleagues have, in trying to balance
competing goods, competing points of view, competing positive
things; a parent's right to know something, and, yet, a professional's
right to have some privacy. I think Governor Cuomo, in his statement,
talked about this bill and said he believes it strikes the right balance
between protecting teacher privacy and parents' rights to know. I
concur with that. I strongly support the bill and I think the efforts that
the Majority and the team and the colleagues and, particularly, Ms.
Jaffee, put into it are a good bill for people to support.
And then I would just say this, Mr. Speaker, my
colleagues: I had 63 people in my third grade class, and no one was
asking Sister about the teacher's evaluation in those days. But, I'm not
nostalgic for a past that never was. We are moving our children
forward. Data is now a fact of our lives. The computer and the
sophistication and the data compilation are a reality, and that includes
testing, that includes evaluating professionals, and, yes, let's not sell
our parents short, their right to know what that data says.
So, I feel very comfortable in voting for this bill. No
work is perfect, but it's a step forward and an acknowledgment of the
world we live in today and the world our children will inherit, which
is where data will be used to analyze performance. And it's a
snapshot. It's not the be all and the end all, but I believe that the
Majority and our Speaker have led the way in balancing these
competing points of view to a good work product and, again, I thank
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Ms. Jaffee and I declare my vote in the affirmative. Thank you, Mr.
Speaker and my colleagues.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Yes, Mr. Speaker, the next bill
we will take up is Calendar No. 237, page 22 of the main Calendar,
sponsored by Bill Magee. Calendar No. 237, please. And Ways and
Means has been called, everyone.
ACTING SPEAKER P. RIVERA: On page 22, Bill
No. 237, the Clerk will read.
THE CLERK: Bill No. 7140-B, Calendar No. 237,
Magee. An act to amend the Agriculture and Markets Law, in relation
to fees collected for animal licenses.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Magee, the Senate bill is before the House. The Senate bill is
advanced and the Senate bill is live. Read the last section.
THE CLERK: This act shall take effect on the 60th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
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the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Yes, Mr. Speaker, we will now
go to Calendar No. 478 on page 33 of the main Calendar, Crystal
Peoples-Stokes, please.
ACTING SPEAKER P. RIVERA: Turning to page
33, Calendar No. 478, the Clerk will read.
THE CLERK: Bill No. 509, Calendar No. 478,
Peoples-Stokes, Reilly, Bronson, Stevenson, Scarborough, Cook,
Robinson, Gibson, Hooper, P. Rivera, Mayer. An act to amend the
Social Services Law, in relation to notice requirements to families and
providers when funding cuts are made.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the first
day of January next succeeding the date on which it shall have
become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Jordan to explain his vote.
MR. JORDAN: Thank you, Mr. Speaker. Some of
my colleagues may be voting in the negative on this bill simply
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because we're creating a scenario where we could be robbing Peter to
pay Paul by creating a mandate on our localities just to try to keep up
with a paper chase; not a significant negative impact but, certainly, an
added potential. Thank you.
ACTING SPEAKER P. RIVERA: Mrs.
Peoples-Stokes to explain her vote.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker, just to briefly explain my vote and thank my colleagues who
are supporting this effort. This is an effort to prevent social services
departments from deciding in the middle of a budget year that they are
going to change the requirements for who is eligible for day care
funding. When these sorts of things happen midstream with two
weeks' notice, it literally puts mothers in total crisis as to whether or
not they can keep a job and have somewhere to send their children or
they have to leave a job and stay home with their children. And this is
a situation that actually did happen in Erie County. I understand that
some folks may see this as a mandate, but I'll tell you what. I know
that the counties have a budget year, they have a budget process and if
they don't think that they're going to be able to finance day care
services for their constituency, they should do so during the budget
process and not wait until the middle of the year to decide to eliminate
people's day care coverage.
So, we're just asking that any social service agency
provide families and mothers with ample notice that they're not going
to be able to continue to receive day care services. It's the only fair
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thing to do. You're either going to pay for day care services or you're
going to pay for social services because mothers can't get to work and
they have to stay home to take care of their children.
Mr. Speaker, I think this is a better way to deal with it
and I appreciate my colleagues' support on this issue.
ACTING SPEAKER P. RIVERA: Are there any
other -- I'm sorry.
Mrs. Robinson to explain her vote.
MRS. ROBINSON: Yes. I would like to commend
the sponsor on this piece of legislation because currently, in the City
of New York we have a situation where many of the day care
programs and Head Start programs are being phased out because the
City of New York decided that they wanted to go another way in
terms of various contracts and services and there will be thousands of
slots that will be eliminated, day care slots that will be eliminated. A
survey came out and it said that, you know, it asked the parents, What
are you going to do if you don't have any day care? Some parents
said that, I will have to leave my child alone and try to sneak off to
work. The second was that, I'll try to find a family member to be able
to take care of my child. And the other was that, I'll have to leave my
job. So, we in the State of New York have to be more vigilant about
how we look at what's happening to families in terms of how they're
able to provide day care for their children. We need to be able to
ensure that we provide the resources to support day care in the City
and the State of New York. I vote in the affirmative on that and thank
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the sponsor for the legislation.
ACTING SPEAKER P. RIVERA: Ms. Mayer to
explain her vote.
MS. MAYER: Thank you, Mr. Speaker. I rise to
commend the sponsor for this very important legislation because, as
the other speakers have said, in other counties, including the County
of Westchester, day care is, unfortunately, being used as a tool in a
budget battle and it's the parents and the children who suffer. It's very
important that there be adequate notice given to providers and to
parents in order to plan, and to use day care as simply a political tool
is an unfair tactic against children and parents. So, I commend the
Speaker and I commend the sponsor for this very important bill, and I
urge all my colleagues to vote in the affirmative.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: And now to Calendar No. 614,
page 38 of the main Calendar, Mr. Moya.
ACTING SPEAKER P. RIVERA: Proceeding to
Calendar No. 614 on page 38, the Clerk will read.
THE CLERK: Bill No. 10162, Calendar No. 614,
Moya, Cahill, Simotas, Bronson, Castro, Clark, Farrell, Jaffee,
Lancman, Markey, N. Rivera, P. Rivera, Roberts, Stevenson, Titone.
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An act to amend the Public Service Law, in relation to electric utility
emergency plans.
ACTING SPEAKER P. RIVERA: An explanation is
requested, Mr. Moya.
MR. MOYA: Yes. This bill would spell out the
components of an electrical utility emergency plan, and it would also
require the PSC to seek public comment on each utility plan, which is
not done now, and ensures that SEMO, the Office of Homeland
Security and emergency shelter providers are involved in the planning.
It requires the PSC to consider the adequacy of the utility's current
policy for reimbursement to customers for outage-related losses, and it
encourages the PSC to encourage the sharing of practices and
authorizes it to initiate an ongoing process for collaborative planning.
This is already being done in other states including Florida and
Missouri.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 120th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
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The bill is passed.
We will proceed to page 7, Rules Report No. 130, the
Clerk will read.
THE CLERK: Bill No. 10233-A, Rules Report No.
130, Nolan. An act to amend the Education Law, in relation to
allowing school districts to schedule August conference days.
ACTING SPEAKER P. RIVERA: On a motion by
Ms. Nolan, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect on the first
day of July next succeeding the date on which it shall have become a
law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Yes, sir, we will now go to
Calendar No. 669, page 41 of the main Calendar.
ACTING SPEAKER P. RIVERA: I'm sorry, Mr.
Canestrari. There's just way too much noise here. Colleagues. Could
you repeat that, Mr. Canestrari?
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MR. CANESTRARI: Calendar No. 669, page 41 of
the main Calendar, Michelle Titus, please.
ACTING SPEAKER P. RIVERA: Proceeding to
page 41 of the main Calendar, Calendar No. 669.
THE CLERK: Bill No. 9867, Calendar No. 669,
Titus, Scarborough, Perry, Gibson, Rosenthal, Castro, P. Rivera,
Robinson, Crespo, Jacobs, Cook, Roberts, Hooper, N. Rivera, Barron,
Weprin. An act to amend the Social Services Law, in relation to
requiring the Commissioner of Temporary and Disability Assistance
to submit an annual report detailing local social services districts'
efforts to prevent, identify and address homelessness.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Lopez to explain his vote. Colleagues, can we
give Mr. Lopez our attention, please?
MR. V. LOPEZ: Commissioner Rivera, I just want to
vote yes and I want you to remember that I'm voting consistently yes
because you're sitting up there.
ACTING SPEAKER P. RIVERA: This is a social
services bill, not a labor bill, Mr. Lopez.
MR. V. LOPEZ: Good answer. Good answer.
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ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Mr. Speaker, we will now go
to Calendar No. 176, page 20, Harry Bronson, please.
ACTING SPEAKER P. RIVERA: Turning to page
20, Calendar No. 176.
THE CLERK: Bill No. 5128-C, Calendar No. 176,
Bronson, Lupardo, Jaffee, Maisel, Galef, Colton, Roberts, N. Rivera,
Boyland, DenDekker, Englebright. An act to amend the State Finance
Law, in relation to the cost effectiveness of consultant contracts by the
State agencies; and providing for the repeal of such provisions upon
expiration thereof.
ACTING SPEAKER P. RIVERA: Mr. Bronson, an
explanation is requested. Before we do that, Mr. Bronson, on a
motion by Mr. Bronson, the Senate bill is before the House. The
Senate bill is advanced. The Senate bill is live.
MR. BRONSON: Yes, Mr. Speaker. This is a bill
that we passed earlier this year and, through negotiations with the
Senate, we're prepared to pass again. We made several changes to the
bill, but the essence of the bill is to require an analysis by State
agencies before letting out consulting contracts, to have those
contracts outsourced. It is a taxpayer-saving bill. And what we have
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done to change and, in cooperation with our negotiations with the
Senate, is that we narrowed the speciality areas of the contracts. We
also better defined what would be considered in the parameters of the
analysis. We also put a cost cap on the analysis so that if the analysis
were to cost more than 5 percent of the anticipated cost of the
contract, then there would not be a requirement to do the analysis. We
put a timetable that the analysis would be done, and we also made it a
pilot program and the measure will sunset within four years after
enactment.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 90th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Vito Lopez.
MR. V. LOPEZ: I believe this is related to labor.
And Commissioner Rivera, I just wanted to let you know I'm voting
yes.
ACTING SPEAKER P. RIVERA: Thank you, Mr.
Lopez.
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
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The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Now to Rules Report No. 511,
page 15 of the main Calendar, Fred Thiele, please.
ACTING SPEAKER P. RIVERA: Rules Report No.
511 on page 15, the Clerk will read.
THE CLERK: Bill No. 5029-A, Rules Report No.
511, Thiele, Losquadro, P. Rivera, Graf, Jaffee, Scarborough. An act
to amend the Real Property Law, in relation to providing recourse for
manufactured homeowners in manufactured home parks, who are
confronted with unjustifiable rent increases.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the first
day of January next succeeding the date on which it shall have
become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Jordan to explain his vote.
MR. JORDAN: Thank you, Mr. Speaker. Very
briefly, there will be several no votes, I am sure, from some folks.
This bill amounts to a form of rent control. It will discourage
improvements and, ultimately, the problem is although we want to
help protect the unit owner, ultimately, the provisions they allow for
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increasing the lot rents are so narrowly defined that it's going to
discourage any type of work being done. I suspect the group that has
expressed opposition would probably withdraw if what they were
allowed to increase their rents for was expanded. Thank you, Mr.
Speaker.
ACTING SPEAKER P. RIVERA: Mr. Losquadro to
explain his vote.
MR. LOSQUADRO: Thank you. Just very briefly. I
want to thank the sponsor. It's a very important bill for areas outside
of New York City where people may not think these problems exist.
For these individuals who do not own the land underneath their home
and have no ability to move that home, when that land gets purchased
by an out-of-State corporation or an international corporation and
those prices are driven up to the point of unaffordability, we do need
protections such as this, especially in the economic conditions that we
are in. So, I appreciate your support.
ACTING SPEAKER P. RIVERA: Mr. Thiele to
explain his vote.
MR. THIELE: Thank you, Mr. Speaker, to explain
my vote. I also want to express my thanks to my co-sponsor, who I
can't name, who just spoke. We've worked together. This is an issue,
certainly, I think in many places across the State but, certainly, on the
east end of Long Island. And, you know, this is more about providing
a remedy to mobile home tenants in an unconscionable rent situation,
and more in the nature of rent gouging or price gouging than rent
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regulation. It provides them a judicial remedy. To just follow up on
what the preceding speaker said, most of the residents that are
involved in these kind of cases are senior citizens, people on fixed
incomes. Really, mobile homes are one of the last bastions of
affordable housing on Long Island. This will help to protect and
promote affordable housing and, for that reason, I will be voting in the
affirmative. Thank you.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Yes, Mr. Speaker, there will
now a meeting of the Rules Committee in the Speaker's Conference
Room. Rules Committee members, please proceed accordingly.
ACTING SPEAKER P. RIVERA: Rules Committee
meeting.
MR. CANESTRARI: Mr. Speaker.
ACTING SPEAKER P. RIVERA: Mr. Canestrari.
MR. CANESTRARI: I'm sorry, Commissioner. We
will now go to Rules Report No. 193 on page 8 of the main Calendar,
Joe Lentol, please.
ACTING SPEAKER P. RIVERA: Rules Report No.
193, the Clerk will read.
THE CLERK: Bill No. 9087-A, Rules Report No.
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193, Lentol, N. Rivera, Jacobs. An act to amend the Executive Law
and the Criminal Procedure Law, in relation to developing and
instituting child-sensitive arrest policies and procedures.
ACTING SPEAKER P. RIVERA: An explanation is
requested, Mr. Lentol.
MR. LENTOL: Yes, Mr. Speaker. Thank you for the
opportunity to explain this excellent bill. This bill directs the
superintendent of the State Police to develop and institute
child-sensitive arrest policies and procedures for instances where the
police are arresting an individual who is a parent or a guardian or
other person in loco parentis charged with the care or custody of a
child.
ACTING SPEAKER TITUS: Mr. Jordan.
MR. JORDAN: Thank you, Madam Speaker. On the
bill.
ACTING SPEAKER TITUS: On the bill.
MR. JORDAN: I will agree with Mr. Lentol that it's
an excellent-intended bill. The one problem with the bill is it's written
so broadly that the goals of it, they're important, and to protect the
children is relevant, but we have to remember there's another side to
the equation. Very often, dangerous criminals happen to have
children and this bill would cause the police to be putting themselves
in jeopardy and in danger to accomplish the requirements of the bill.
So, I think that although the bill certainly makes a lot of sense in most
instances, if we could limit it and narrow it to those situations that
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don't include dangerous criminals, I suspect the bill would get
unanimous support. Thank you, Madam Speaker.
ACTING SPEAKER TITUS: Mr. Castelli.
MR. CASTELLI: Thank you, Madam Speaker.
While I certainly understand and appreciate the sensitivity of the
sponsor and my good friend, I'm going to have to rise in opposition to
this particular bill. Having been a member of the New York State
Police for over 20 years, and one of their instructors, as a matter of
fact, I will tell you there are tremendous amounts of training that go
into training our officers for arrest situations in all types of situations,
both violent and non-violent, in the presence of children, in the
presence of women. But, at the end of the day, the thing that is
paramount is both the protection of the officer and the protection and
security of the individual. Those conditions already exist, that training
already exists. This is duplicitous by its nature and would add an
element that, I might add, might be more confusing rather than solve
any problems.
For those reasons and a multitude of others, I'm going
to vote against this bill and I would respectfully request that my
colleagues consider voting against it as well. Thank you.
ACTING SPEAKER TITUS: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER TITUS: The Clerk will record
the vote.
(The Clerk recorded the vote.)
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Mr. Lentol to explain his vote.
MR. LENTOL: Thank you, Madam Speaker. I just
listened to my colleagues, many of whom have had police or other
backgrounds in law enforcement, and I'm bewildered by some of the
comments. I just wanted to say that at a time in our history where we
are more sensitive than other times in our history regarding taking into
account the needs of children, especially when we talk about
legislation passed by this House and by this Legislature, in making it a
crime for somebody to be in a car, with a child in the car and driving
while intoxicated, and where we stress on so many levels -- some
members have even introduced bills to ban smoking in a car. And for
having training -- this doesn't even require the police officer to do
anything other than to be trained about sensitivity to a child who is in
the custody of a parent when arrested. And I think this is a good bill
and necessary for our day and time and I vote in the affirmative.
ACTING SPEAKER TITUS: Mr. Castelli to explain
his vote.
MR. CASTELLI: Thank you, Madam Speaker.
Well, as I pointed out before, while I certainly applaud the noble
intentions of this particular bill, perhaps I wasn't heard when I said
that there is a plethora of training that the New York State Police go
through that deal with precisely this particular issue that has existed in
the 22 years that I've served there, both as an instructor in the State
Police Academy, a field investigator and a supervisor. And I might
add that it has continued to grow and is considerably better than it was
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during the years when I served in the State Police. So, it is
duplicitous. I certainly agree with my colleague, the sponsor, that
anything that is sensitive is certainly necessary, but I should also point
out that arrest procedures are relative to the safety of the officer first
and, secondarily, the safety and security of the defendant and then the
sensitivity of the other areas are considered thereafter. So, again, for
that reason I am voting in the negative and I would urge my
colleagues to consider that vote. Thank you.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR CANESTRARI: Mr. Speaker, the A-, B- and CCalendars are on the desks of the members. I move at this time to
advance the A-, B- and C- Calendars.
ACTING SPEAKER P. RIVERA: Without
objection, the A-, B- and C- Calendars are advanced.
MR. CANESTRARI: Colleagues should note -- and
some quiet, please -- on the C- Calendar, members should note that -ACTING SPEAKER P. RIVERA: Mr. Canestrari,
we have to call this bill.
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
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The bill is passed.
MR. CANESTRARI: A minor distraction. Back to
me. Calendar C on page 3, Rules Report No. 576, Mr. Goodell, and
on page 5, Rules Report 585, Mr. Burling were on by error. They will
be on the next Calendar, however. So, don't panic, guys. We'll get to
them. A-, B- and C- are advanced, correct?
ACTING SPEAKER P. RIVERA: That's correct,
Mr. Canestrari.
MR. CANESTRARI: Then we'll go to the main
Calendar, Rules Report No. 506, page 14, Helene Weinstein, please.
Take it up directly.
ACTING SPEAKER P. RIVERA: On the main
Calendar, Rules Report No. 506 on page 14, the Clerk will read.
THE CLERK: Bill No. 10722-A, Rules Report No.
506, Committee on Rules (Weinstein, Silver, Cymbrowitz, Goldfeder,
Jacobs, Hikind, Simanowitz, Weprin, Lavine, Weisenberg). An act to
amend the Education Law, in relation to determinations of appropriate
educational programs for certain students.
ACTING SPEAKER P. RIVERA: On a motion by
Ms. Weinstein, the Senate bill is before the House. The Senate bill is
advanced.
An explanation is requested, Ms. Weinstein.
MS. WEINSTEIN: Thank you, Mr. Speaker. There
actually has been a lot of confusion about this bill, so maybe I should
start by saying that this bill -- in terms of some of the memos that have
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been put out that are erroneous, this bill is not an attempt to do a
voucher system. This bill is not in violation of Federal law. The
technical aspects of it were reviewed by the State Education
Department. This bill does build on existing law as relates to special
education and it builds on existing Federal law as relates to special
education and, clearly, I would not be bringing a bill before us that I
thought was in violation of Federal law.
So, now let's talk about what the bill really does. The
bill will ease the burden, in particular, on families of special needs
children. It will assist those families when they are trying to have the
best public appropriate educational program for those students. Under
current law there's a two-step process. Under Federal law there's the
assessment of the Committee on Special Education of the needs -- of
the determination if the child has special needs and requires special
assistance, and once that determination, that evaluation is made, then
there is a placement recommended for the child. What this bill deals
with is when the parents feel that the placement recommended for the
child is not the best educational -- will not serve the child best in
terms of educational experience, educational development, and they
wish to have an alternative placement where the child can receive a
more appropriate educational experience that would be better for that
child.
So, what this bill does is -- and that is current law.
Currently, parents are allowed to object to the placement. There is a
procedure for how you go about that objection, and currently a parent
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can make a placement if they believe it's in error, the placement
recommended. They can make a placement in a private school and in
a school in a different school district and then they can file for
reimbursement of the tuition. Right now it's a bit of a -- at times a
very hard experience for the parents and sometimes for the children
themselves, where the hearings drag on and drag on and the majority
being settled in favor of the alternative placement for the student
based on where they can, again, receive the best educational
experience. Then after there is the placement, the reimbursement, the
ability to get reimbursement drags on and on to the point that the
school year finishes and then you go through that process all over
again year two and year three.
So, what we do here is we put a timetable on when
that decision has to be made for an alternative placement. We then
put a timetable on reimbursement once the decision is made, whether
it's a hearing officer decision or a settlement decision, we have a
timetable for when payment is due. We say, very importantly, and
this is something we have heard from individuals, from families, over
the tremendous problem of constantly having to almost relitigate the
issue of placement, we say that once -- when the evaluation is done,
which is required under Federal law, and implemented through the
local school district, if there is no change in the required services to
the child in what's called an IEP, if that hasn't been modified or
amended and the placement has already been agreed to outside of the
public school system, that that private placement shall stay in effect
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and the tuition will follow. This will be a tremendous cost savings,
not only to the parents who have to engage attorneys to litigate these
matters, it also will be a tremendous saving to the school districts who
will no longer have to have long, drawn-out hearings, often costing
more than the actual tuition.
We also changed the factors as it relates to placement
to expand, to allow -- if the home environment has an impact, the
family background has an impact on the child's ability to learn, an
educational impact, that could be taken into consideration with
documentation.
ACTING SPEAKER P. RIVERA: Mr. Murray.
MR. MURRAY: Thank you, Mr. Speaker. Would
the sponsor yield for a few questions, please?
ACTING SPEAKER P. RIVERA: Ms. Weinstein?
MS. WEINSTEIN: Yes.
MR. MURRAY: Thank you for the detailed
explanation. If you could, when the CSE, when they determine or
make their determination, what factors are primarily used for them to
make their determination?
MS. WEINSTEIN: Are you talking about what we -currently?
MR. MURRAY: Currently, yes.
MS. WEINSTEIN: Currently, it's really where the
child can receive the best free public education. That's required under
Federal law.
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MR. MURRAY: But we're talking about
educational-type programs or what's available educationally, correct,
when they're making that determination? Like, in the school district,
you know, where would they best be placed, what curriculum would
best be used, that would be the determining -MS. WEINSTEIN: Once there's been the decision
that they need services, yes.
MR. MURRAY: Okay. Now, if I'm reading this
correctly, under this bill it's going to shift that a little bit and a lot of
emphasis is going to be placed on -- and I'll just read this. It says it
would "...require school districts to give more weight to a child's
'home environment and family background' when recommending a
school placement or services." Could you define that a little bit
better? What do we mean by "home environment and family
background" and how will that be factored in?
MS. WEINSTEIN: Well, first of all, it doesn't
require more weight to be given to those factors.
MR. MURRAY: Is that given at all right now?
MS. WEINSTEIN: Not spelled out in statute. Right
now, actually, in making the original evaluation as to whether the
child needs services, under Federal law there is a determination of
whether cultural educational factors may contribute to the suspected
or identified disability. So, those types of factors, if you will, are used
in determining whether or not the child -- evaluating whether the child
needs services. What we are merely doing is carrying forward that
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same concept into the placement, the most appropriate placement for
the child, you know, but, again, only if there is an educational impact,
only if those factors create an educational impact on the child's ability
to learn.
MR. MURRAY: See, that's where it gets a bit foggy.
And we have heard from, I mean, just numerous -- the School Boards
Association, SED, the City of New York, let me see, the State Council
of School Superintendents. I mean, we're continually getting input
here saying, you know, this is clouding things up a bit because what
exactly is going to determine what the family background -- what will
be taken into consideration? I'm going to read from the bill itself, and
says, "...such determination shall take into account any possible
educational impact differences between the school environment and
the child's home environment and family background." Now, for
example, could religious practices be taken into account?
MS. WEINSTEIN: I'm sorry. I was distracted.
MR. MURRAY: Could religious practices be taken
into account here in determining the family background or home
environment?
MS. WEINSTEIN: We specifically do not indicate
religion or language as a factor.
MR. MURRAY: Right. It doesn't specifically say
religion, but it doesn't specifically not. What I'm looking for is what
could be considered in the determination of the child's home
environment and family background? I mean, is it, again, how the
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household, you know, is it strongly religious? Will that factor into -MS. WEINSTEIN: This is one of those areas where
it's hard to define what it is. There may be different types of
environments to relate to the make-up of the family. It could relate to
conditions in the household. There are various different types of
family backgrounds. It's sort of amorphous, the same way in the
Federal law, cultural educational factors are not defined, and I think
that through -- it might be something that would need -- that might
need to get clarified at some point, and might get clarified through
case law as this was, perhaps, litigated in the future or, perhaps,
through regulations.
MR. MURRAY: Well, I think that's the fear, is that it
will probably get to the point where it's going to take litigation or
something to actually clarify what will fall into that category and what
won't. And, again, that's the problem. It seems to be a little foggy.
And when you gave your explanation in the beginning, you had
mentioned that some people had said this is similar to a taxpayer
voucher system for private schools. The reason they're taking that
approach is this seems to be going against -- not necessarily legally
against, but in concept or theory against the Federal regulations, the
IDEA right now, because they seem to want to gear it more towards
integration and keeping the kids in the classrooms and in the public
school system, whereas this seems to be pushing it in the other
direction and there seems to be a conflict and it's very unclear in the
legislation itself the way it's written.
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MS. WEINSTEIN: Well, you know, I just want to
reemphasize what I said. It's not a mere allegation that somehow this
child who has already been determined to have special needs and
needs placement, it's not a mere allegation. First of all, what you said
about litigation, all of these circumstances are currently -- these are
cases that, whether you call it litigation in terms of a court, or the
beginning of the objection, the process with a hearing officer, these
are disputed cases. There is a long process that both the families and
the school districts currently go through. So, it's not like we're
creating something that doesn't exist. Now, in fact, I think it will
shorten that. But, the language refers back to the Federal requirement,
the Federal language of a free -- "receive a free appropriate public
education." The effect that that home environment and family
background may have on the child's ability and whether it would
affect the child's ability to learn, and it's not the mere allegation.
There needs to be documentation that, in fact, that does. So, there
may be -- as there is today, there are often differences. I come from
New York City where the schools are very diverse. Just saying that
you're different doesn't mean that you get to choose where you want to
go to school.
MR. MURRAY: Let me walk through the process
and you tell me if I'm on base here with the way it currently is and the
way we will be changing it. My concern is this: The CSE makes a
ruling and says, you know, This is what we think is best for the child,
we're going to keep the child in this classroom with this curriculum.
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The parent says no. Right now there's a stay-put policy in place, if I'm
understanding it correctly, where the child will be left there while
they're appealing the decision. However, the parents still do have an
option of pulling the child out, sending them, possibly, to a private
school or something that they feel will better serve the child or their
educational process. If the parent does decide to pull the child, send
him somewhere else, who pays for the child's education at that point
while the appeal is pending?
MS. WEINSTEIN: The parent pays, and that's some
of why we have the later section saying -- putting a timetable saying
that if you're going to settle, you settle within a shorter period of time,
and if there's isn't a settlement, then it's going to be the parent's
responsibility.
MR. MURRAY: Here's where the concern lies. If
the parent is paying for it, they go through the appeal process,
currently, if they win the appeal process and the courts or someone
decides, You know what? Yes, you're right. The child is better taking
the route that the parents chose, are they reimbursed for the expenses
when they pulled the child and sent him to, say, a private school, by
the school district?
MS. WEINSTEIN: If it's later found that the
placement -- if the locality settles with the parents and says that that
this is the correct placement, the locality -- the school district will pay,
yes.
MR. MURRAY: Okay. And, again, the concern -195

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and by the way, I do agree that we should speed up the process as far
as the decision on reimbursement. I think that should be sped up, and
I believe this does that, 90 days and then 30 days if they do win the
appeal to actually receive the reimbursement. My question is, how do
you decide the reimbursement if the appeal possibly couldn't be
decided yet? There's a possibility that they put the appeal in and it's
not decided within that 90-day timeframe, so how do you reimburse
them if the appeal hasn't been decided yet?
MS. WEINSTEIN: The 90 days will not limit the
appeal process.
MR. MURRAY: For the reimbursement. But the
appeal process determines whether they're eligible to be reimbursed,
correct?
MS. WEINSTEIN: Right. The 30 days is after the
conclusion of the appeal process.
MR. MURRAY: No, but what I'm saying is the
appeal process itself, the way this is written, the reimbursement must
take place within the 90 days, the decisional reimbursement. That's
not necessarily the appeal.
MS. WEINSTEIN: Perhaps it could have been
written more clearly, but that is what triggers -- the request for
reimbursement triggers -- or the request for an alternative placement is
triggered when you ask for reimbursement of tuition.
MR. MURRAY: Would you have any objection to
putting that language, maybe amending it to put the language in to
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clarify that the actual reimbursement -- the 90 days would start from
the decision of the appeal?
MS. WEINSTEIN: Well, it's the 30 days that starts
following the decision.
MR. MURRAY: I'm sorry. No. We'll back up
because there's basically a two-part process there. It's the appeal of
the decision and then if the appeal of the decision is upheld, then the
reimbursement is made, correct?
MS. WEINSTEIN: Right.
MR. MURRAY: And you have 30 days from that
time?
MS. WEINSTEIN: Correct.
MR. MURRAY: But if the appeal hasn't been
decided yet -- the language in the bill deals with only the
reimbursement, not the appeal.
MS. WEINSTEIN: Well, it's designed to deal with -that the decision needs to be made, the decision being the appeal,
decided within that 90-day period of time. I would be happy after we
pass it -- because, obviously, we're not going to be here in time to
amend the bill -- I will be happy to clarify that if that is confusing, and
I think that could be clarified in regulations, also.
MR. MURRAY: That would be very helpful. But,
I'm going to get back to just the concerns right now of the ambiguity
of the term, again I'm going to use the term "the child's home
environment and family background" because, again, the issue that
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we're having or the concerns that have been raised by many with this
process is what exactly falls under the category of family background.
I'm trying to think of some examples. The religious aspect was,
obviously, the first one that came to mind. But, I mean, without it
being spelled out it can be virtually anything. The parent can say
Well, that's going to affect my child's educational process.
MS. WEINSTEIN: Well, you know, certainly a
parent can say it, which is why we require that there be documentation
that there is some reason, in terms of the family background, that
impedes the child's ability to learn in their placement. You know, this
is one of those things where you kind of know it when you see it. It's
hard to -ACTING SPEAKER P. RIVERA: Mr. Lentol, why
do you rise?
MR. LENTOL: I just wondered if the gentleman and
the lady would suffer an interruption so that I could ask the sponsor a
question.
ACTING SPEAKER P. RIVERA: It's Mr. Murray's
time, Mr. Lentol. You can ask Mr. Murray.
MR. LENTOL: Yes. If he wouldn't mind.
MR. MURRAY: Sure. Go ahead.
MR. LENTOL: I wonder if you could characterize
this as -- I know that we're talking about kids with special needs, and I
wonder if you might characterize that as cultural as opposed to
anything that might be violative of statutory or Constitutional law that
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may impede the child's ability to learn because of cultural differences.
MS. WEINSTEIN: Well, I think that certainly could
relate to the family background and, as I mentioned, Mr. Lentol,
cultural educational factors are taken into account in evaluating the
student, and we're now looking at where the placement would be best
for the student. It's hard to -- we specifically don't include something
like religion or language in it so that it is more a compilation of a
home environment, a family background, not one individual factor.
And, again, it would require documentation, Mr. Murray.
MR. MURRAY: Thank you, Ms. Weinstein.
Mr. Speaker, on the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. MURRAY: As it's the last day of Session and
the clock is ticking, obviously, you know, the time for debate, I guess,
has long passed, so I'll just leave with this and say that, you know, in
an issue like this the concern is -- the language is rather vague in this
and it does leave it open to interpretation which could cause quite a
few problems, as is evident by all of the memos that we've gotten in
opposition and expressing extreme concern over this. The problem
being that, basically, when broken down it could be construed that the
taxpayers would be footing the bill to send some of the special needs
children to private schools based on their parent's decision that the
school won't offer up the background or family-type situation that they
need. So, I'm urging my colleagues for a no vote on this. Thank you.
ACTING SPEAKER P. RIVERA: Mr. Crouch.
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MR. CROUCH: Thank you, Mr. Speaker. Would
the sponsor yield for just a quick question?
ACTING SPEAKER P. RIVERA: Ms. Weinstein?
MS. WEINSTEIN: Yes.
MR. CROUCH: When you discuss reimbursement, if
the child takes the -- or if the parent takes a child out of the school and
puts him in a different setting, I would assume that might be a private
institution of some sort or private therapy. If that costs more, is it still
full reimbursement? Is the school obligated to meet that increase in
cost?
MS. WEINSTEIN: Well, there are several ways that
funding is provided for -- to service the educational needs, to provide
for the educational needs of special needs students. There is Federal
funding that is referred to as Carter Funding after the case Florence v.
Carter. So, there's Federal funding that can come either to the school
district or to the private -- the alternative placement. If it is an
approved school there is State reimbursement that flows to the child,
that flows to take care of the child, whether it's the public school
setting or the private school setting. If the private school does not
have -- is not an approved school, then there is not State funding that
flows.
MR. CROUCH: So, the school district itself wouldn't
be -- the local taxpayers wouldn't be left on the hook to provide
something that was more costly if the parent decided that they didn't
like the therapy or whatever that was -200

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MS. WEINSTEIN: In many instances, this will be a
cost savings to school districts to not -- the bill taken as a whole -because currently this is a process that is taking place. This is allowed
under Federal law. We're not providing something that isn't currently
today provided to students -- to parents for their children, so that we,
in many instances, will reduce the cost to the school district by not
having long, drawn-out hearings. There will be times when -- there
are times today when there are placements in schools that are not
State- approved schools, in which case it would not be State funding
that also flows to the child.
MR. CROUCH: All right. Thank you.
ACTING SPEAKER P. RIVERA: Mr. Kellner.
MR. KELLNER: Mr. Speaker, on the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. KELLNER: I want to commend the sponsor of
this bill. This is a terrific bill. If you have a child with special needs,
it only adds insult to injury the way we do placements in this State,
particularly in the City of New York where our Department of
Education treats it as a confrontation with the parent. They're
incredibly adversarial. And if you choose, because you know that the
placement they're giving you is not a good placement, to put your
child in a private school, what ends up happening is you end up
fighting them in court. You fight them time and time again, while
you're footing the bill when they should be footing the bill. And what
ultimately ends up happening in the vast majority of cases is the City
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settles, but they don't settle for the full amount. They end up paying
80, 85 percent of the total cost. So, you've now footed the bill for a
lawyer for your child, you've footed the bill for a school. For many
parents, they really can't afford the $130-, $150,000 to send their child
to the appropriate school. And we know we don't have enough
schools in this State to provide for children with special needs. We
know this because the State Department of Education has actually
approved schools in other states and consider them schools in New
York. There is a school for autistic children in Teaneck, New Jersey,
and under the law and under regulation the State Department of
Education considers that a New York school because they know it
works for a certain group of children.
This is a good bill. I would suggest a yes vote on this
bill. At the end of the day, all children deserve a good education,
particularly those with special needs.
ACTING SPEAKER P. RIVERA: Mr. Joel Miller.
MR. J. MILLER: Thank you, Mr. Speaker.
On the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. J. MILLER: My office has been intimately
involved with special education for years; in fact, we have sent a
representative from my office to at least 60 Committee on Special
Education meetings in school districts even beyond my district. And
the one thing that you could bet on at every one of these hearings is
not once did the school follow State law and provide for the parents
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and the child a real concerted effort to get the appropriate placement.
In some cases the placements were horrific.
A perfect example: We had a social, verbal, young
girl on the autism spectrum who was placed in a self-contained
classroom with seven non-verbal, non-social, autistic children. Every
time this little girl tried to have any contact with the seven kids in this
little confined space, those other children would act out, and the
parent of the child -- the social, verbal one -- was told their child was
acting inappropriately. It took us three months and the State finally
agreed, the school district finally agreed, that they had no appropriate
placement and, in fact, they did finally send this child outside the
school system to the appropriate placement. We have a school district
that has 28 different programs for special ed and it turns out that,
overwhelmingly, the committee chairs only know about eight or ten of
them. Even though their school has an appropriate placement, they
don't know about it, so they don't bother doing it.
The truth is the schools have not been the parent's
friend. The school has not been the child's friend, and the child has
not been given the appropriate placement. Well, what does that really
mean? Well, if a child is brought to their full potential, that child can
transition from being dependent on society for the rest of their lives or
they could become self-sufficient. But, most school systems would
rather save a few pennies up front, not educate the kids, and turn them
out into the community where they will always be dependent on
someone else. Clearly, in some cases the family environment, the
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social environment, the cultural environment that envelopes them on a
daily basis is an important factor in them being able to survive in a
different environment. I mean, the idea -- we sometimes talk about
culture shock. Well, if you are already having problems, if, in fact,
you have a true disability, if you're having difficulty coping even in
your cultural environment, think of the problems of sending someone
to an environment that is totally different, totally alien. Those of us
who have everything can make adjustments. Those of us who may
have some limited facilities, we're not going to make the adjustment
and the lack of comfort in that new area may prevent learning. So,
what have we accomplished? At that point we're spending money and
we haven't advanced the potential for the child's education.
This bill has many good qualities. What this bill does
is it takes into account the needs of the child, and that's what the
system was supposed to be about in the first place. I would suggest
that we allow our children to get the absolute best benefit they can.
Remember, all of these things have to be proven at a hearing. You
can't, as a parent, just simply demand it and, in fact, your child has to
have a disability before this even becomes an issue. So, I would urge
a yes vote. Thank you.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: Withdrawn. I'm
sorry, Mr. Gottfried. Please forgive me.
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MR. GOTTFRIED: Would the sponsor yield for a
couple of questions?
ACTING SPEAKER P. RIVERA: Ms. Weinstein?
MS. WEINSTEIN: Yes. Despite my colleagues
asking me to say no because there's a party they want to get to to
celebrate, I'm happy to yield to you, Dick.
MR. GOTTFRIED: Thank you, because I think it's
important to make clearer, maybe, than has happened from the debate
so far what is or isn't an appropriate factor under the bill. If a family
with a special ed child moves to New York, let's say, from
Mississippi, and explains to the Committee that if their child is in a
classroom with black or Hispanic children that that would be in
conflict with their home environment and would make it hard for their
child to learn, would this bill make it easier or not for that factor to be
taken into account?
MS. WEINSTEIN: I don't believe that factor would
be taken into account. I think you would be hard-pressed to find
documentation that would say that racism is a basis for a private
placement.
MR. GOTTFRIED: Well, that part of the bill, I think,
doesn't talk about documentation, but -MS. WEINSTEIN: Yes, it does.
MR. GOTTFRIED: -- if it were clear that -MS. WEINSTEIN: It does say that those educational
-- the home environment and family background, the impact of that on
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the student's ability to learn needs to be documented.
MR. GOTTFRIED: But, with or without
documentation, would this bill -- would that factor -- assuming they
had documentation, would that factor be made more or less legitimate
by the bill?
MS. WEINSTEIN: It is certainly not the intention. I
do not believe it will.
MR. GOTTFRIED: Okay. And if, let's say, a devout
Muslim family said that they did not want their boy in a class taught
by a woman or sitting in a class with girls who are not covered, or just
with girls, or if they didn't want their daughter in a class taught by a
man, for that Muslim family, would this bill make that factor more or
less legitimate under the law?
MS. WEINSTEIN: Right now -- see, now you start
to get, I think -- what's the current Federal law, where we talk about
cultural educational factors in terms of being taken into consideration
in evaluating the needs of the child, if it can be shown that some of
these issues that you raised could impact the educational ability of the
child to learn, to succeed, and there would be documentation, then I
would think that that would be something for a Committee to look at
if there was documentation that, in fact, these factors could impact the
child's ability to learn in the setting that the Committee on Special
Education recommends.
MR. GOTTFRIED: So, a religion-related factor
would be okay, but not a race-related factor?
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MS. WEINSTEIN: Not a religion factor based solely
on religion, but a factor based on -- because you've raised a lot of
different issues about some of the practices related to that religion that
-- some of the family background of the home environment. If the
circumstances that you mentioned impacted -- were part of the home
environment, part of the family background and if it was found that
educationally they had some impact on the child's ability to learn, to
advance in skills -- you know, we're talking about children that are
special needs that are across the wide spectrum of their ability to learn
-- but if there was documentation that factors could -- some of the
issues that you raised could impact the student's ability to learn, that
would be a decision that would be taken into -- would have to be
taken into consideration, possibly, in making a placement.
MR. GOTTFRIED: Thank you.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Crouch to explain his vote.
MR. CROUCH: Thank you, Mr. Speaker. The
indication that I have had is that this kind of goes away from what the
Federal requirements are. That's kind of sad, quite frankly, because
that's set up for a purpose. There's a possibility that because
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somebody -- a certain religious group wants to pull their child out of a
public school setting, Federal requirements are set up to help bring
everybody together and do it on a public basis. So, I'm looking at this
and I can see that this possibly could cost the local school districts
some money, be more mandates on the local school districts. So, I am
going to urge a no vote on this. I'm going to vote in the negative.
ACTING SPEAKER P. RIVERA: Mr. Goldfeder to
explain his vote.
MR. GOLDFEDER: I just want to remind everybody
that we're talking about special needs children, okay, because I think
there may be people in this Chamber that forget that. A colleague of
mine from the other side of the aisle showed us a whole bunch of
people and memos in opposition. Well, I contend, and I say this as
strongly as I know how, including the City of New York, care more
about their bottom line than they do about the welfare of their
children. And we're not talking about everyday children who can
succeed in any setting, we're talking about special needs children who
need certain settings to succeed.
As a parent, I want what's best for my kids. I think
every parent would agree that we want what's best for our kids. Well,
I got involved in my office in a case as early as January, and I just
testified in June. So, from January to June when I finally testified,
where we finally wound our way through the system, where the parent
was fighting with the New York City Department of Education only to
do what is best for their child, June was the first time and we're still
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waiting. We're still waiting to find out what the hearing officer is
going to say. I'm hopeful it will be the right decision and, if not, we're
going to go through an appeals process.
So, what's happening here? We're taking a parent
who is tormented on a daily, daily basis. He's tormented with the fact
that they have to put up and work and put up with a system that is
making their child suffer and what do we do? We put them through it
again. We make them suffer again and again and again. And I
contend, I say that we need to be doing a lot more.
I commend the sponsor of this bill, and I want to say
that anybody -- we talk a lot about mandates. We hear that a lot.
Especially in the last couple of days, we've heard a lot about
mandates. No, no. It's better. Let's keep the status quo. Agencies,
they're doing just great, so why should we tell them to do things
differently? It's better we don't give them this, quote, unquote
"mandate," then, God forbid, they may do something better or they
may work actually on behalf of the children because that would be
awful. We'll call it a mandate and we're going to say and we're going
to put in our campaign literature, Well, that guy voted for unfunded
mandates, but we forget the fact -ACTING SPEAKER P. RIVERA: Mr. Goldfeder,
how do you vote?
MR. GOLDFEDER: We forget the fact that it's the
children that have to come first. I vote in the affirmative.
ACTING SPEAKER P. RIVERA: Mr. Tobacco to
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explain his vote.
MR. TOBACCO: I rise to commend the sponsor for
this. You know, we just had a two-hour debate before where I heard
both sides of the aisle talking about how we don't want cookie-cutter
and that every child needs to be taught to differently. We're talking
about children with special needs and, let's face it, whether it's
different school districts across the State or the Department of
Education, the Department of Education in New York City, they're not
always equipped to teach all of our children. And in the case when
they're not equipped to teach our children and there's alternatives out
there and resources to do it, as a society and a community and a
government we are obligated to make sure that those children get
access to that. No one in here, no one in our community should ever
have to get a lawyer to have to try to fight to get their due process to
get their child an education. That's what this is about. It's a shame
that a lot of our parents need to employ parent advocates and lawyers.
So, this is great that we're going to put a timeframe
on this, and I commend the sponsor of this and recommend a yes vote.
ACTING SPEAKER P. RIVERA: Ms. Nolan to
explain her vote.
MS. NOLAN: Yes, thank you, Mr. Speaker, my
colleagues. I, too, want to commend Assemblywoman Weinstein,
who worked very, very hard with the team at the Education
Committee to come up with something that would be of assistance to
parents that would meet all the various Constitutional tests. We're
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very fortunate Helene is such a brilliant lawyer in this Chamber. I feel
very comfortable that we're doing something here that helps parents
and children and will not hurt localities in any way. If anything, I
believe it will allow for a smoother placement for children with
special needs that will ultimately benefit districts as it gets sorted out.
So, I very happily cast my vote in the affirmative. I
think it is, as our colleague just said on the other side of the aisle, an
effective and compassionate gesture to children with special needs and
their families, and I commend Helene for the great legal work that she
put into it and I'm very happy to be voting in the affirmative. Thank
you.
ACTING SPEAKER P. RIVERA: Mr. Weisenberg
to explain his vote.
MR. WEISENBERG: Mr. Speaker, my colleagues, I
have been a special ed teacher and administrator for over 20 years. A
CSE, a Committee on Special Education, first of all, most people don't
understand. The child is referred by a teacher or there's an academic
deficit that is like a student is two grade levels behind in elementary
school. There's an indication of need. What we have to do and make
people aware of is that a parent also can place or request an evaluation
of their child. And I want to tell you, because I have been involved
for so long, so many people from all over the State have called in
regard to many difficulties that exist in our public education because
people are thinking more about money than they are about children.
And if you don't have people on that CSE, on that Committee on
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Special Education, and they're trying to diminish the ability for
parents to have a parental advocate there, a social worker or a
psychologist or a medical person who has to be there to be able to
advocate and define the needs of the student, but if you're not
advocating and aware of what has to be done and how it should be
done, then you're going to be given an opportunity to be silent and not
be able to advocate for your child and what's the best environment for
that child.
This is a good bill because what you're going to really
do is, again, thinking about the kids, the children first, that they're
going to end up having somebody to understand that the dollars that
are involved in education today are not more important than the
quality of education that that child receives.
And I just want to correct one thing. I'm a little
sensitive to this. When we talk about autistic children, no, it isn't
autistic children. It's children with autism. The children, the child,
first. I vote yes.
ACTING SPEAKER P. RIVERA: Mrs. Arroyo to
explain her vote.
MRS. ARROYO: Thank you, Mr. Speaker. Here we
go again. I want to commend and thank the sponsor of this bill for
speaking about a group of children that have special needs, so special
that they have to be treated in certain manners in order to achieve
what they need to achieve to be part of this society. Then we sit down
and start thinking, not because my neighbor is black or my neighbor is
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a Jew or my neighbor is Italian and he doesn't want to see his children
with this children or that children. Children of any color and any race
stay children, and they need -- and we have an obligation as
Legislators. If we don't believe in our job we should not run for
office. We have an obligation for each child in this State.
My commendation to the person that made this bill. I
respect her because she's a professional, but she made a dedication to
deal with the issue that we all know that nobody wants to touch. But,
if you have a child in your home that has special needs -- and it
happened to my grandson that came here from Puerto Rico. He was
placed in special education because the child could not speak English.
His mother had to fight through the system to get him out of that. And
this happens to anybody else. If a child has a special need, we have an
obligation to meet that special need. If the child belongs to a social
group, that should not be because this child has problems -ACTING SPEAKER P. RIVERA: Mrs. Arroyo.
MRS. ARROYO: -- should not be in the classroom
with everybody else.
ACTING SPEAKER P. RIVERA: Mrs. Arroyo, how
do you vote?
MRS. ARROYO: Mr. Speaker, I vote in the
affirmative, and sometimes I'm ashamed to be part of this House.
ACTING SPEAKER P. RIVERA: Thank you, Mrs.
Arroyo.
Mr. Lentol to explain his vote.
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MR. LENTOL: Thank you, Mr. Speaker. I, too,
want to congratulate the sponsor for bringing this bill to the floor.
You know, decades ago there were problems, too, for kids with
special needs and the State Education Department was ignoring those
needs. The Department of Education, then called the Board of
Education in the City of New York, didn't really do very much about
kids with special needs. And the kids that I'm talking about, the ones
that I know intimately, are the kids from Williamsburg that I
represent. Now, they happen to be Hasidic, but that's irrelevant to this
conversation. This conversation is about kids with special needs,
whether they're black, Hispanic, Jewish, Muslim, Asian. It doesn't
really matter, because they're all kids. And what did we have to do 20
years ago in order to meet the needs of those kids? We had to go out
on a limb and create a special school district in Kiryas Joel in order to
satisfy those needs. Why did we have to go to such an extreme? We
had to do it because these kids were being underserved and not living
up to their actual potential.
I represent an institution in Williamsburg called the
Early Intervention Program. If you ever went to that program, you
would be devastated with the learning that goes on with the most
severely, severely developmentally-disabled kids who are beginning to
pick themselves up by the bootstraps and learn and learn like regular
kids.
So, my hat goes off to not only the sponsor of this
education bill -214

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ACTING SPEAKER P. RIVERA: Mr. Lentol, how
do you vote?
MR. LENTOL: -- but to the Speaker for allowing
this bill to come to the floor. Of course, I vote in the affirmative. I
vote si, Mr. Speaker.
ACTING SPEAKER P. RIVERA: Ms. Titus to
explain her vote.
MS. TITUS: Thank you, Mr. Speaker. I want to
commend the sponsor for this bill as well. This bill will address
providing a fair and appropriate education for all of our children. It is
about taking care of our most vulnerable population and empowering
our parents that will finally give them the opportunity to provide the
best appropriate education for their children. In our State and in our
country, every child is entitled to a free appropriate education, and I
believe that this bill does provide a modest step in that direction.
Thank you.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Mr. Speaker, we will now go
to Calendar No. 432, David Weprin, page 31. Calendar No. 432.
Thank you.
ACTING SPEAKER P. RIVERA: Calendar No. 432,
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the Clerk will read.
THE CLERK: Bill No. 8093, Calendar No. 432,
Weprin. An act to amend the Election Law, in relation to absentee
voting; and to repeal Section 7-126 of the Election Law relating to the
use of ballots.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Vito Lopez to explain his vote.
MR. V. LOPEZ: No, I don't want to explain my vote.
I want to lay aside the bill to ask some questions.
ACTING SPEAKER P. RIVERA: The roll call is
withdrawn.
Mr. Lopez.
MR. V. LOPEZ: Will the sponsor yield for a couple
of questions?
ACTING SPEAKER P. RIVERA: Mr. Weprin?
MR. WEPRIN: I would be happy to, Mr. Lopez.
MR. V. LOPEZ: Would you explain the bill? We've
had some recent elections, one in Brooklyn, that dealt with absentee
ballots and I'm a little bit sensitive and paranoid about what we do
with absentee ballots.
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MR. WEPRIN: In one aspect of the bill, it cleans up
a portion of the law that's no longer relevant because it requires
pasters on the ballot, which are no longer relevant with the new
ballots because now they reprint the ballots. So, it kind of eliminates
a section that is not being used with the new ballots. And, two, it
removes a requirement that the ballots have to be mailed seven days
before the election, but changes it to be received one day before the
election. Then you don't have to worry about waiting a long period of
time after the election because of the mail. If it's received one day
before it's counted, not if it's mailed seven days before.
MR. V. LOPEZ: The absentee balloting, I believe
the process is explained in the State Constitution that either the person
has to be out of the locality or has to be disabled to vote by absentee.
MR. WEPRIN: That has not changed.
MR. V. LOPEZ: That has not changed.
MR. WEPRIN: Correct.
MR. V. LOPEZ: Although, in reality, by a recent
court decision it may have changed. So, you do nothing about
changing the requirements for who is eligible for voting by absentee
ballot?
MR. WEPRIN: No. Not at all. No change.
MR. V. LOPEZ: Thank you.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
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ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: The A-Calendar, Mr. Speaker,
was previously advanced. We will now take up the A-Calendar on
consent, beginning with the resolutions on page 3.
ACTING SPEAKER P. RIVERA: Resolutions on
page 3, the Clerk will read.
THE CLERK: Resolution No. 1138, Mr. Kellner.
Legislative Resolution urging the New York State
Congressional delegation to pass H.R. 3086, the Fair Wages for
Workers with Disabilities Act.
WHEREAS, It is the sense of this legislative Body to
urge the New York State Congressional delegation to pass H.R. 3086,
the Fair Wages for Workers with Disabilities Act; and
WHEREAS, Current Federal Law allows for the
Secretary of Labor to grant special wage certificates that allow entities
to pay their disabled workers at rates lower than the minimum wage;
this particular practice dates back to the 1930's; and
WHEREAS, Employees with disabilities can be as
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productive as non-disabled employees and are yet not paid equally;
and
WHEREAS, Employers who pay under the minimum
wage for disabled employees tend to exploit the cheap labor provided,
rather than prepare them for integrated employment in the mainstream
economy; and
WHEREAS, Many employers who have a history of
rendering sub-minimum wages, benefit from philanthropic donations;
they claim that paying their employees minimum wage would result in
lack of profitability and forced reduction of their workforces; and
WHEREAS, Other employers recognizing this
minimum payment as an exploitation of disabled workers are now
paying the federal minimum wage; the Wage and Hour Division of the
Department of Labor is charged with the responsibility for oversight
of these special wage certificates; and
WHEREAS, The Wage and Hour Division is
incapable of enforcing compliance with the sub-minimum wage
provision; it is imperative that the Fair Wages for Workers with
Disabilities Act be enacted; and
WHEREAS, The Fair Wages for Workers with
Disabilities Act is designed to help workers with disabilities obtain
competitive employment and receive proper wages; now, therefore, be
it
RESOLVED, That the New York State
Congressional delegation be and hereby is respectfully memorialized
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by this legislative Body to pass H.R. 3086, the Fair Wages for
Workers with Disabilities Act; and be it further
RESOLVED, That copies of this Resolution, suitably
engrossed, be transmitted to each member of the Congressional
delegation from the State of New York.
ACTING SPEAKER P. RIVERA: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Resolution No. 1624, Rules at the
request of Mr. Weisenberg.
Legislative Resolution memorializing Governor
Andrew M. Cuomo to proclaim September 2012 Recovery Month in
the State of New York.
WHEREAS, Recovery Month promotes the societal
benefits of prevention, treatment, and recovery for mental and
substance use disorders, celebrates people in recovery, lauds the
contributions of treatment and service providers, and promotes the
message that recovery in all its forms is possible; Recovery Month
spreads the positive message that behavioral health is essential to
overall health, that prevention works, treatment is effective and people
can and do recover; and
WHEREAS, September 2012 marks the 23rd
observance of National Recovery Month and the initial observance of
Recovery Month in the State of New York; and
WHEREAS, The observance celebrates people in
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recovery and lauds the work of treatment providers, while
emphasizing that behavioral health is an essential part of health and
one's overall wellness; additionally, Recovery Month exemplifies that
all individuals have the fundamental and inherent value to be accepted
and treated with respect, dignity, and worth and is designed to help
people understand that treatment for mental and substance use
disorders is effective and people do recover; and
WHEREAS, According to the 2009 National Survey
on Drug Use and Health (NSDUH), published by the U.S. Department
of Health and Human Services, Substance Abuse and Mental Health
Services Administration (SAMHSA), 23.5 million persons aged 12 or
older needed treatment for an illicit drug or alcohol use problem (9.3
percent of persons aged 12 or older); also in 2009, there were an
estimated 45.1 million adults aged 18 or older in the United States
with a mental illness in the previous year; and
WHEREAS, Recovery Month helps to highlight the
numerous paths to recovery and the wide range of services available
to people living with mental and substance use disorders; and
WHEREAS, Recovery Month supports many of
SAMHSA's Strategic Initiatives, particularly the goals of increasing
public awareness of mental and substance use disorders, health reform
implementation, and offering recovery support through an individual,
program, and system approach; and
WHEREAS, Coordinated by SAMHSA, this year's
Recovery Month campaign encourages policymakers, healthcare
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providers, the recovery community, friends and family members, and
employers to help people seek assistance for mental and substance use
disorders with the same urgency as any other health care issue; and
WHEREAS, A SAMHSA toolkit is available which
provides information on health reform's impact on access to treatment
and recovery support services; the overall need for prevention,
treatment, and recovery from mental and substance use disorders in
today's society; and how to raise awareness about these services;
additionally, it highlights the effectiveness and importance of
removing barriers to treatment and recovery support services; and
WHEREAS, SAMHSA partners with other public
entities, national and local coalitions, and other organizations to
develop the Recovery Month toolkit, public service announcements
and events to engage all levels of government, communities,
businesses and society as a whole to create a system to improve the
overall health and well-being of all Americans; and
WHEREAS, In 2010, more than 1,072 Recovery
Month events were held throughout the country, with an estimated
attendance of 3,888,209 individuals; such community events examine
key treatment and recovery-related issues in local communities and
define specific objectives and action steps to broaden support and
access for individuals in recovery; and
WHEREAS, Each event seeks to unite a range of
stakeholders in taking action, including individuals in the recovery
community and their families and friends; policymakers and
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community leaders; judges; insurers; health professionals; treatment
providers; educators/schools; community-based and faith-based
organizations; the criminal justice system; diverse racial, ethnic and
cultural groups; and members of the media; and
WHEREAS, Recovery from substance abuse and
mental disorders touches nearly everyone and every community; in
2009, 4.3 million people received treatment for a substance use
disorder and 30.2 million people for a mental illness; treatment is
effective and people recover; National Recovery Month (Recovery
Month), now in its 23rd year, continues to raise awareness about the
important roles prevention, treatment, and recovery play in improving
the lives of millions of Americans; and
WHEREAS, Sponsored by the Substance Abuse and
Mental Health Services Administration (SAMHSA), within the U.S.
Department of Health and Human Services, Recovery Month inspires
millions of people to become better educated about recovery; it also
encourages individuals to share their stories of recovery and assist
others who are struggling with substance use and mental disorders;
and
WHEREAS, The 2012 campaign emphasizes the
importance of educating policymakers, health care providers,
employers, and the general public about the role of treatment and
recovery support services in health reform; and
WHEREAS, Recovery Month is also a reason for
people to celebrate; it honors the millions of people who have sought
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or are currently seeking treatment and recovery services for substance
use and mental disorders for themselves or a loved one; and
WHEREAS, Recovery Month educates New Yorkers
about the fact that addiction treatment and mental health services can
enable those with a mental and/or substance use disorder to live a
healthy and rewarding life and lauds the gains made by those in
recovery from these conditions, just as we would commend those who
are managing other health conditions such as hypertension, diabetes,
asthma, and heart disease; and
WHEREAS, Recovery Month, in addition, spreads
the positive message that behavioral health is essential to overall
health, prevention works, treatment is effective, and people can and do
recover; and
WHEREAS, Recovery Month highlights individuals
who have reclaimed their lives and are living happy and healthy lives
in long-term recovery and also honors the prevention, treatment, and
recovery service providers who make recovery possible; and
WHEREAS, Recovery Month promotes the message
that recovery in all its forms is possible and also encourages citizens
to take action to help expand and improve the availability of effective
prevention, treatment, and recovery services for those in need; and
WHEREAS, The observance of Recovery Month
2012 emphasizes that while the road to recovery may be difficult, the
benefits of preventing and overcoming behavioral health conditions
are significant and valuable to individuals, families, and communities;
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it has become a year-round initiative which supports educational
outreach and celebratory events throughout the year; and
WHEREAS, Recovery Month promotes the societal
benefits of prevention, treatment, and recovery for substance use and
mental disorders, celebrates people in recovery, lauds the
contributions of treatment and service providers, and promotes the
message that recovery in all its forms is possible and spreads the
positive message that behavioral health is essential to overall health,
that prevention works, treatment is effective and people can and do
recover; now, therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations to memorialize The Honorable Andrew M. Cuomo,
Governor of the State of New York, to proclaim September 2012
Recovery Month in the State of New York; and be it further
RESOLVED, That a copy of this Resolution, suitably
engrossed, be transmitted to The Honorable Andrew M. Cuomo,
Governor of the State of New York.
ACTING SPEAKER P. RIVERA: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Resolution No. 1625, Rules at the
request of Ms. Lupardo.
Legislative Resolution memorializing Governor
Andrew M. Cuomo to proclaim October 2012 as Italian Heritage and
Culture Month in the State of New York.
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WHEREAS, It is the sense of this legislative Body to
pay tribute to those whose true purpose and worthy accomplishment
foster a spirit of community as they promote and recognize the goals
and ideals of the rich cultural heritage of the Italian community; and
WHEREAS, This legislative Body is justly proud to
memorialize Governor Andrew M. Cuomo to proclaim October 2012
as Italian Heritage and Culture Month in the State of New York, the
theme of which is this year "Amerigo to America; The Legacy of
Italians in the Americas," marking the 500th anniversary of the death
of Amerigo Vespucci, from whom America derives its name; and
WHEREAS, The quincentenary of the death of
Amerigo Vespucci is an occasion to commemorate not only the
explorations of Amerigo Vespucci in Mundus Novus, the New World,
but also to celebrate the ongoing discoveries, creativity and ingenuity
of Italians in the New World; and
WHEREAS, Vespucci, born and raised in Florence,
Italy was an Italian financier, cartographer, navigator and explorer;
working for the Medici family, he was sent to Seville, Spain to further
the Medici's business interests; he was involved in securing provisions
for one of Columbus' voyages and, subsequently, under the auspices of
the King of Spain and then the King of Portugal, Vespucci, himself
participated as an observer and navigator in, possibly, four voyages to
the West in search of a route to the Indies; and
WHEREAS, Unlike Columbus, he was the first to
recognize that the land they had reached was part of a new continent;
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and
WHEREAS, In 1509, the cartographer
Waldseemuller named that land America, having been familiar with
the Vespucci Letters depicting the geography, people and culture of
that new, separate land; and
WHEREAS, Vespucci's pioneering, courageous spirit
has continued in the legacy of Italian Americans whose creativity was
part of the founding doctrines of the United States; the expansion,
building and beautifying of America; and the scientific and
technological discoveries and space explorations of modem times; and
WHEREAS, Italian Americans are involved in every
field of endeavor just as their counterparts in South America have
contributed to the development of Brazil, Argentina, Uruguay and
Venezuela; and
WHEREAS, This year's Italian Heritage and Culture
Month celebration began in February with a special Vespucci
conference at St. John's University, Manhattan campus featuring a
distinguished Florentine panel and traveling exhibit; and, on October
5, 2012 Joseph Sciame, President and Chairman of the Italian
Heritage and Culture Committee of New York, will officiate at the
Committee's annual noon Columbus weekend flag raising ceremony at
the Mother Italy statue at Hunter College, kicking-off the observation
of Italian Heritage and Culture Month and many October events,
lectures, panels, receptions and proclamations will feature the
Vespucci theme of "discovery"; and
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WHEREAS, The Italian Heritage and Culture
Committee of New York, a not-for-profit organization, was founded
in 1976; Dr. Angelo Gimondo, its Founding Chairman, has played a
leadership role since the beginning; its Board of Directors is
composed of prominent representatives of New York's
Italian-American community, and Joseph Sciame continues to ably
serve as its President and Chairman; and
WHEREAS, The celebration of Italian Heritage and
Culture, which began as a weeklong event, has grown to a month-long
celebration of special events and programs organized and hosted by
cultural associations, community centers, libraries, schools and
universities during the month of October; and
WHEREAS, Each October is dedicated to a specific
theme or personality representative of the history and culture of Italy
and Italian-Americana; October 2012 marks the 36th anniversary of
Italian Heritage and Culture Month; and
WHEREAS, Italian-American cultural events and
programs venerating Italian history, culture, and the many significant
contributions of Italians, Italian-Americans, and Italian culture to
America will take place throughout New York State during this
special month for people of all cultures to enjoy; now, therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations to memorialize Governor Andrew M. Cuomo to
proclaim October 2012 as Italian Heritage and Culture Month in the
State of New York; and be it further
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RESOLVED, That copies of this Resolution, suitably
engrossed, be transmitted to The Honorable Andrew M. Cuomo,
Governor of the State of New York, and Joseph Sciame, President and
Chairman of the Italian Heritage and Cultural Committee of New
York, Inc.
ACTING SPEAKER P. RIVERA: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Resolution No. 1626, Rules at the
request of Ms. Lupardo.
Legislative Resolution memorializing Governor
Andrew M. Cuomo to proclaim September 2012 as Prostate Cancer
Awareness Month in the State of New York, in conjunction with
National Prostate Cancer Awareness Month.
WHEREAS, The State of New York takes great pride
in recognizing serious diseases by proclaiming official months to
increase awareness of such concerns, which affects thousands of New
Yorkers; and
WHEREAS, It is the sense of this legislative Body to
memorialize Governor Andrew M. Cuomo to proclaim September
2012 as Prostate Cancer Awareness Month in the State of New York,
in conjunction with National Prostate Cancer Awareness Month; and
WHEREAS, While great strides have been made in
the battle against prostate cancer, Prostate Cancer Awareness Month
is committed to educating people in the United States, including
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health care providers, about prostate cancer and early detection
strategies, which is crucial to saving the lives of men and preserving
and protecting families; and
WHEREAS, Prostate cancer is a substantial health
problem in the State of New York and throughout the United States; it
is the second leading cause of cancer-related deaths among American
men; and
WHEREAS, The State of New York has an average
of 17,090 prostate cancer diagnoses per year, and an average of 1,610
deaths from prostate cancer each year; and
WHEREAS, One out of every six men will be
diagnosed with prostate cancer in their lifetime; prostate cancer can
remain symptomless for years; there is often no way to detect prostate
cancer in its early stages except through specific tests done by a
trained professional; and
WHEREAS, The most clearly established risk factors
for prostate cancer are age, race, family history, and high-fat diets;
more than 65 percent of all prostate cancers are diagnosed in men over
the age of 65, and African-American males suffer a prostate cancer
incidence rate up to 60 percent higher than White males and are nearly
2.5 times more likely to die from the disease; conversely, Asian men
who live in Asia have the lowest risk; and
WHEREAS, There are no noticeable symptoms of
prostate cancer while it is still in the early stages, making screening
critical; and
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WHEREAS, Screening by both a digital rectal
examination (DRE) and a prostate specific antigen (PSA) blood test
can diagnose the disease in its early stages, increasing the chances of
surviving more than five years to nearly 100 percent, while only 33
percent of men survive more than five years if diagnosed during the
late stages of the disease; and
WHEREAS, The observance of Prostate Cancer
Awareness Month has contributed to nearly 60 percent of new cases
being localized and potentially curable, indicating a dramatic increase
in awareness among the general population about the importance of
early detection, benefiting millions of men and helping to save
thousands of lives; now, therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations to memorialize Governor Andrew M. Cuomo to
proclaim September 2012 as Prostate Cancer Awareness Month in the
State of New York, in conjunction with National Prostate Cancer
Awareness Month; and be it further
RESOLVED, That a copy of this Resolution, suitably
engrossed, be transmitted to The Honorable Andrew M. Cuomo,
Governor of the State of New York.
ACTING SPEAKER P. RIVERA: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Resolution No. 1627, Rules at the
request of Mrs. Gunther.
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Legislative Resolution memorializing Governor
Andrew M. Cuomo to proclaim Wednesday, September 26, 2012
Women's Health & Fitness Day in the State of New York.
WHEREAS, Wednesday, September 26, 2012 has
been declared National Women's Health and Fitness Day; and
WHEREAS, National Women's Health and Fitness
Day is a public/private good health partnership organized by the
Health Information Resource Center, a national clearinghouse for
consumer health information professionals; it is the nation's largest
health promotion event for women in the United States; and
WHEREAS, National Women's Health and Fitness
Day will focus attention on the importance of regular physical activity
and health awareness for women and be an opportunity for hundreds
of local organizations throughout New York to come together to host
women's health and fitness events at hospitals, health clubs, park and
recreation districts, local health organizations, schools, retirement
communities, houses of worship, senior centers, and other community
locations; and
WHEREAS, The United States Surgeon General has
determined that regular physical activity results in significant health
benefits and improved quality of life; and
WHEREAS, Thirty-seven percent of adults report
they are not physically active; only three in 10 adults get the
recommended amount of physical activity and only one in 10 women
get the recommended amount of physical activity prescribed by the
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Surgeon General; and
WHEREAS, The three most reported barriers for
women engaging in physical activity are: Lack of time, access to
convenient facilities and safe environments in which to be active; and
WHEREAS, Moderate daily physical activity can
substantially reduce the risk of developing or dying from
cardiovascular disease, type 2 diabetes, and certain cancers, such as
colon cancer; daily physical activity helps to lower blood pressure and
cholesterol, helps prevent or retard osteoporosis, and helps reduce
obesity, symptoms of anxiety and depression, and symptoms of
arthritis; and
WHEREAS, The New York State Legislature affirms
its commitment to take a leadership role in urging all its citizens to
support the efforts of local organizations that encourage women to
enhance their lives through physical activity; and
WHEREAS, It is most appropriate that this great
Empire State recognize Women's Health & Fitness Day in the State of
New York; now, therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations to memorialize Governor Andrew M. Cuomo to
proclaim Wednesday, September 26, 2012 Women's Health & Fitness
Day in the State of New York; and be it further
RESOLVED, That a copy of this Resolution, suitably
engrossed, be transmitted to The Honorable Andrew M. Cuomo,
Governor of the State of New York.
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ACTING SPEAKER P. RIVERA: On the resolution,
all those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Bill No. 612-B, Rules Report No.
532, Peoples-Stokes, Gabryszak. An act to amend the Vehicle and
Traffic Law, in relation to authorizing certain cities to adjudicate
traffic infractions.
ACTING SPEAKER P. RIVERA: There's a home
rule message at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 835-A, Rules Report No.
533, Cusick, Schimminger, Castelli. An act to amend the Tax Law, in
relation to an exemption from the imposition of sales tax for the
purchase of military service flags, prisoner of war flags and Blue Star
banners.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Cusick, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
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THE CLERK: This act shall take effect on the first
day of December 2012.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 2583-B, Rules Report No.
534, Gabryszak. An act authorizing the Town of Cheektowaga,
County of Erie, to extend the lease of certain park lands in such town.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Gabryszak, the Senate bill is before the House. The Senate bill is
advanced and there's a home rule message at the desk. Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 3512, Rules Report No. 535,
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Kavanagh, Galef, Kellner, Ortiz, Dinowitz, Zebrowski, Brook-Krasny,
Schimel. An act to amend the State Finance Law, in relation to the
disqualification of tax delinquent bidders and certain exemptions.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 120th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 5522-B, Rules Report No.
536, Englebright, Boyland, Cook, Jaffee, Colton, Reilly, Maisel,
Castro, Gunther, McEneny, Lavine, P. Rivera, Rosenthal, Cahill. An
act to amend the Tax Law, in relation to exempting the sale and
installation of commercial solar energy systems equipment from State
sales and compensating use taxes and granting municipalities the
option to grant such exemption.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Englebright, the Senate bill is before the House. The Senate bill
is advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
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ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 6304-A, Rules Report No.
537, Rosenthal, Colton, Perry. An act to amend the Military Law, in
relation to noncontributory retirement service credit for members of
the New York City Retirement Systems called to military duty on or
after September 11, 2001.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 7351, Rules Report No. 548,
DenDekker, O'Donnell, Scarborough, Moya, Castro, Meng, Lentol,
Colton, Linares, P. Rivera, Montesano, Gunther, Lavine, M. Miller,
237

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Weisenberg. An act to amend the Vehicle and Traffic Law, in relation
to including the examination of tinted or shaded windows in the
periodic inspection of motor vehicles.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. DenDekker, the Senate bill is before the House. The Senate bill is
advanced and the bill is laid aside.
THE CLERK: Bill No. 7492-D, Rules Report No.
539, Kavanagh, Hevesi, Peoples-Stokes, Rosenthal, Schimel,
Lupardo. An act to amend the Election Law, in relation to enacting
the Voter-Friendly Ballot Act of 2012; and to repeal Section 7-126 of
such law relating to the form of ballots.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 7589-B, Rules Report No.
540, Lupardo, Englebright, P. Rivera. An act to amend the Public
Service Law, in relation to requiring certain information to be filed
with Department of Public Service.
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ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 180th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 8359-B, Rules Report No.
541, Wright, Rabbitt, P. Rivera, Hevesi, Colton, Galef, Benedetto,
Gunther, M. Miller, Markey, Ortiz, Moya, Gabryszak, Maisel,
Stevenson, Rosenthal, Scarborough, Nolan, V. Lopez, Castro, Weprin,
Titone, Simotas, Quart, Englebright, DenDekker, Goldfeder, Boyland,
Abinanti, N. Rivera, Crespo, Linares, Kavanagh, Jeffries, Lavine,
Jaffee, Brindisi, Kellner, Aubry, Camara, Magnarelli, Gibson, Barron,
Raia. An act to amend the Labor Law and the State Finance Law, in
relation to requiring the licensing of persons engaged in the design,
construction, inspection, maintenance, alteration, and repair of
elevators and other automated people-moving devices.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 180th
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day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mrs. Rabbitt to explain her vote.
MRS. RABBITT: Thank you, Mr. Speaker. I would
like to thank the sponsor and his staff for carrying this bill, a great
piece of legislation that most of my colleagues have been lobbied for
the last two years. It is a piece of legislation that will save so many
lives within the State of New York. I'm proud to be on this bill and I
am very proud to be a member of the New York State Assembly to
make sure that we do carry bills that are right for the people. Again, I
thank the sponsor and all my colleagues for joining with us on this
bill. Thank you.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 9085-B, Rules Report No.
542, Dinowitz, P. Rivera. An act to amend the Tax Law and the
Executive Law, in relation to roll-your-own cigarette machines.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 90th
day next succeeding the date on which it shall have become a law.
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ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 9293-A, Rules Report No.
543, Pretlow, Latimer, Castro, Jaffee. An act to amend the Education
Law, the Public Health Law, and the Civil Practice Law and Rules, in
relation to the podiatric scope of practice.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 545th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 9434, Rules Report No. 544,
Calhoun. An act to amend the Criminal Procedure Law, in relation to
designating court attendants for the Town Court of the Town of
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JUNE 21, 2012

Highlands, in the County of Orange, as peace officers.
ACTING SPEAKER P. RIVERA: On a motion by
Ms. Calhoun, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 9489, Rules Report No. 545,
Giglio. An act to legalize, validate, ratify and confirm certain
transportation contracts of the Friendship Central School District.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
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THE CLERK: Bill No. 9493-A, Rules Report No.
546, Goodell. An act to authorize the City of Jamestown, in the
County of Chautauqua, to discontinue the use of certain lands as
parklands.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Goodell, the Senate bill is before the House. The Senate bill is
advanced and there's a home rule message at the desk. Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 9636-B, Rules Report No.
547, Hooper. An act to authorize the Commissioner of General
Services to transfer and convey certain unappropriated State land to
the Cedarmore Corporation for community programs.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
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NYS ASSEMBLY

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(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10033-A, Rules Report No.
548, Hanna. An act to amend the Public Authorities Law, in relation
to authorizing the Monroe County Water Authority to lease and
maintain water systems owned by the Village of Bloomfield.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Hanna, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
(Applause)
Mr. Canestrari.
MR. CANESTRARI: Mr. Speaker, in the efforts of
moving this along, if members sit in their seats and staff doesn't have
to look all over the place to get members to vote, it will move along a
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JUNE 21, 2012

lot more quickly. So, if at all possible, please sit in your seat or else
Wayne Jackson will have you arrested. Thank you.
(Laughter)
ACTING SPEAKER P. RIVERA: Should we close
the doors, Mr. Canestrari?
THE CLERK: Bill No. 10455, Rules Report No.
549, McDonough. An act authorizing the Assessor of the County of
Nassau to accept an application for exemption from real property
taxes from The Center for Jewish Life for a certain parcel of land
located in the Town of Hempstead.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. McDonough, the Senate bill is before the House. The Senate bill
is advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10526, Rules Report No.
550, Committee on Rules (Walter). An act authorizing the Town of
Amherst, County of Erie, to alienate and convey certain parcels of
land used as parkland and to acquire other parcels of land to replace
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JUNE 21, 2012

such parkland.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Walter, the Senate bill is before the House. The Senate bill is
advanced and there's a home rule message at the desk. Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
(Applause)
THE CLERK: Bill No. 10541, Rules Report No.
551, Committee on Rules (Perry). An act to authorize Tabernacle of
Praise Church to file an application for a real property tax exemption.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Perry, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
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JUNE 21, 2012

the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10574, Rules Report No.
552, Committee on Rules (Hanna). An act to amend the Public
Authorities Law, in relation to authorizing the Monroe County Water
Authority to lease and maintain water systems owned by the Towns of
Richmond and Canadice.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Hanna, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10637, Rules Report No.
553, Committee on Rules (Giglio). An act to authorize the Town of
Ellicottville, County of Cattaraugus, to transfer funds from an
unappropriated fund balance for the construction of a highway garage.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Giglio, the Senate bill is before the House. The Senate bill is
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JUNE 21, 2012

advanced and there's a home rule message at the desk. Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10665, Rules Report No.
554, Committee on Rules (Canestrari, Aubry, Reilly, McEneny). An
act to amend the Correction Law, in relation to authorizing the Sheriff
of Albany County to enter into agreements for custody of inmates
from other states.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Canestrari, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
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NYS ASSEMBLY

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The bill is passed.
(Applause)
MR. CANESTRARI: I've got three more tonight,
come on! Sit down, forget it! Save it for Hanna.
(Laughter)
THE CLERK: Bill No. 10667, Rules Report No.
555, Committee on Rules (Schimminger, Peoples-Stokes, Lupardo,
P. Rivera). An act to amend the Alcoholic Beverage Control Law, in
relation to beer and brewpubs.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Schimminger, the Senate bill is before the House. The Senate bill
is advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10684, Rules Report No.
556, Committee on Rules (Jordan). An act to authorize the City of
Mechanicville, in the County of Saratoga, to offer a certain retirement
plan to Anthony J. Toleman and David M. Altamura.
ACTING SPEAKER P. RIVERA: On a motion by
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NYS ASSEMBLY

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Mr. Jordan, the Senate bill is before the House. The Senate bill is
advanced and there's a home rule message at the desk. Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10690, Rules Report No.
557, Committee on Rules (Hooper). An act to amend Chapter 401 of
the Laws of 2002, amending the Real Property Tax Law and the
Nassau County Administrative Code relating to assessment and
review of assessments in the County of Nassau, in relation to
extending the expiration and repeal of certain provisions thereof.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
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NYS ASSEMBLY

JUNE 21, 2012

(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10692, Rules Report No.
558, Committee on Rules (Hooper). An act to amend the General
Municipal Law, in relation to payments in lieu of taxes for projects
approved by the Town of Hempstead Industrial Development Agency
and the Nassau County Industrial Development Agency.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10707, Rules Report No.
559, Committee on Rules (Jaffee, Zebrowski). An act authorizing the
County of Rockland to issue bonds; and providing for the repeal of
such provisions upon expiration thereof.
ACTING SPEAKER P. RIVERA: There's a home
rule message at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
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NYS ASSEMBLY

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record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10738, Rules Report No.
560, Committee on Rules (Cahill). An act to amend the State Finance
Law, in relation to providing that municipalities made coterminous
may qualify for the Citizen Empowerment Tax Credit and the Local
Government Citizens Reorganization Empowerment Grant program.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Cahill, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
The B-Calendar has already been advanced. We will
commence on consent.
THE CLERK: Bill No. 4519-B, Rules Report No.
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NYS ASSEMBLY

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561, Canestrari, Gunther. An act to amend the Education Law, in
relation to mandatory continuing competency requirements for
occupational therapists and occupational therapy assistants.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Canestrari, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect on the 180th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Vito Lopez to explain his vote.
MR. V. LOPEZ: This might be a conflict of interest,
but I think I have immunity. I am so happy that we're passing this bill,
even though I really don't know what it does. But, I do think that this
is the new career that the sponsor is getting into and he says that it's
very significant if we vote in favor of him. And since he has been a
gentleman most of his time that he's here, I think I have to vote yes.
The substance I might not agree with, but the sponsor I happen to like.
So, I'm voting yes on behalf of the sponsor.
ACTING SPEAKER P. RIVERA: Mr. Vito Lopez
approves of the vote.
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
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NYS ASSEMBLY

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The bill is passed.
(Applause)
THE CLERK: Bill No. 5718-B, Rules Report No.
562, Magee, Lupardo, Crouch, Raia, Aubry, Magnarelli, Russell,
Colton. An act to amend the Tax Law, in relation to the sale of food
and beverages through vending machines.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Magee, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect on the first
day of April 2013.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 7369-B, Rules Report No.
563, Galef, Gunther, Calhoun, Duprey, Oaks, Crouch. An act to
amend the Real Property Tax Law, in relation to the process for local
disciplinary actions against assessors.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
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ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Katz to explain his vote.
MR. KATZ: This is a fine bill and I just want to
thank the sponsor for this fine bill. Thank you very much.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 8137-B, Rules Report No.
564, Goodell. An act to amend the Highway Law, in relation to
designating a portion of the State highway system in the Village of
Sherman as the "Alfred F. Jones Memorial Bridge."
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Goodell, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
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THE CLERK: Bill No. 10261, Rules Report No.
566, Curran. An act to amend the Local Finance Law, in relation to
authorizing the Village of Lynbrook, in the County of Nassau, to
amortize the cost of payments to certain employees upon separation of
service from such village.
ACTING SPEAKER P. RIVERA: There's a home
rule message at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk will announce the results.)
The bill is passed.
THE CLERK: Bill No. 10334-A, Rules Report No.
567, McLaughlin. An act to amend the Highway Law, in relation to
designating a portion of the State highway system as the "Staff
Sergeant Derek Farley Memorial Bridge."
ACTING SPEAKER P. RIVERA: On a motion by
Mr. McLaughlin, the Senate bill is before the House. The Senate bill
is advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
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(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10337, Rules Report No.
568, Schimminger. An act to amend Chapter 140 of the Laws of 1985
relating to establishing the Randolph Children's Home Union Free
School District, and to amend the Public Authorities Law, in relation
to the establishment of the Randolph Academy Union Free School
District.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Schimminger, the Senate bill is before the House. The Senate bill
is advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10431, Rules Report No.
569, Canestrari, McEneny. An act to authorize the County of Albany
to file an application for exemption from real property taxes for a
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certain parcel of land located in the City of Albany, County of Albany.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Canestrari, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
(Applause)
MR. CANESTRARI: We certainly know how to
waste time, don't we?
(Laughter)
THE CLERK: Bill No. 10459-A, Rules Report No.
570, Sayward. An act to authorize the Town of Ticonderoga, in the
County of Essex, to offer an optional 20-year retirement plan to police
officer Dale W. Quesnel, Jr.
ACTING SPEAKER P. RIVERA: There's a home
rule message at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
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(The Clerk recorded the vote.)
(Applause)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10603, Rules Report No.
571, Committee on Rules (Kavanagh). An act to amend the Public
Authorities Law, in relation to authorizing the Dormitory Authority to
construct and finance certain facilities of Xavier High School in New
York City.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Kavanagh, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10677, Rules Report No.
572, Committee on Rules (Gabryszak). An act to amend the Labor
Law, in relation to requiring employers to provide emergency escape
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systems to firefighters.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Gabryszak, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Boyle to explain his vote.
MR. BOYLE: Mr. Speaker, to briefly explain my
vote, as a volunteer firefighter active on Long Island, I just wanted to
say that we originally passed the safety rope requirement because of
the Black Sunday tragedy in New York City where we lost several
firefighters. As usual, sometimes in this State Legislature we go too
far and we've created a one-size-fits-all system for the State. It does
not work. Many volunteer firefighters in smaller communities do not
have high-rise buildings, so they don't need the safety rope system. I
can tell you that in my community we've lost about ten percent of our
membership because the system is so hard to get on when you're
putting your bunker gear on. It takes me about three times as long to
get my bunker gear on. This is the perfect compromise, safety and
functionality, and I commend all of those responsible and vote in the
affirmative.
ACTING SPEAKER P. RIVERA: Mr. Murray to
explain his vote.
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MR. MURRAY: Quickly, I just wanted to thank the
sponsor for this. I know it was a long, hard fight to get this done.
And for everyone in this room, this is true mandate relief. So, I'm
voting yes.
ACTING SPEAKER P. RIVERA: Mr. Gabryszak to
explain his vote.
MR. GABRYSZAK: Thank you, Mr. Speaker. I
would just like to thank everyone who signed on to this legislation.
This is a bill that is designed to save lives and help those in fire rescue
and in services to make sure that when they're in the -- responding to
an emergency situation, that they have the ability to exit safely. And
this leaves the decision up to municipalities or localities to decide
what type of safety system to be used. I'm very happy to vote in the
affirmative.
ACTING SPEAKER P. RIVERA: Mr. Saladino to
explain his vote.
MR. SALADINO: Thank you, Mr. Speaker. I briefly
echo the sentiments of my colleagues in Suffolk County in thanking
the sponsor and thanking this Body for respecting the communities
without high-rises to keep costs down and to embrace fiscal
conservativism so that we push back against the unfunded mandates.
This is just the kind of thing we must continue to do to protect our
communities, and to protect them financially as well as protect their
safety, and I thank you all very much.
ACTING SPEAKER P. RIVERA: Are there any
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other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10687-A, Rules Report No.
574, Committee on Rules (Russell). An act to amend the Highway
Law, in relation to the designation of a portion of the State highway
system.
ACTING SPEAKER P. RIVERA: On a motion by
Ms. Russell, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Mr. Speaker, the C-Calendar
has been advanced. As I indicated earlier, there are two bills on there
by error. We will not do them, but there will be a subsequent calendar
on which we will do them. Those are on page 3, Rules Report No.
576, and then on page 5, Rules Report No. 585, but they will be
addressed in a separate calendar. So, we'll begin on page 3, Rules
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Report No. 575.
ACTING SPEAKER P. RIVERA: Proceeding to
page 3 of the C-Calendar, Rules Report No. 575, the Clerk will read.
THE CLERK: Bill No. 8034-C, Rules Report No.
575, Russell, Castelli, Sayward, Palmesano, Gabryszak, Latimer,
Smardz, Brindisi, Jaffee, Schimminger, Abinanti, Reilly, P. Rivera,
Weprin. An act to amend the General Municipal Law, in relation to
providing local governments greater contract flexibility and cost
savings by permitting certain shared purchasing among political
subdivisions; and providing for the repeal of such provisions upon the
expiration thereof.
ACTING SPEAKER P. RIVERA: On a motion by
Ms. Russell, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 8879-A, Rules Report No.
578, Castelli. An act to amend the Highway Law, in relation to
designating a portion of the Taconic State Parkway as the
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"Westchester County Korean War Veterans Memorial Highway."
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Castelli, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 9724-B, Rules Report No.
579, McLaughlin, Reilly. An act to amend the Environmental
Conservation Law, in relation to authorizing the hunting of big game
in the County of Albany with pistols, rifles, shotguns, crossbows and
long bows; and providing for the repeal of such provisions upon
expiration thereof.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
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the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 9777-A, Rules Report No.
580, Ortiz. An act to amend Chapter 24 of the Laws of 2007
constituting "Jonathan's Law," in relation to the effectiveness thereof.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Ortiz, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Ortiz to explain his vote.
MR. ORTIZ: Thank you, Mr. Speaker. As we all
know, Jonathan's Law is a crucial instrument for a family who
depends on other's to care for their loved one. And what we're doing
here, we're doing an extension for another three years to ensure that
Jonathan's Law will continue to allow families to receive information
regarding reports of abuse and neglect. Yesterday in this House we
witnessed this where we passed the Justice Center who will continue
to enforce this particular law to ensure that our vulnerable population
will continue to be protected.
Thank you, Mr. Speaker, and I withdraw my request
and vote in the affirmative.
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ACTING SPEAKER P. RIVERA: Are there any
votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 9808-A, Rules Report No.
581, Thiele, Losquadro. An act in relation to including the trustees of
the Freeholders and Commonalty of the Town of Southampton,
trustees of the Freeholders and Commonalty of the Town of East
Hampton and the trustees of the Freeholders and Commonalty of the
Town of Southold as municipal corporations for the purposes of
Section 72-h of the General Municipal Law; and providing for the
repeal of certain provisions upon expiration thereof.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10043, Rules Report No.
583, Walter. An act to incorporate the Main-Transit Volunteer
Exempt Firefighter's Benevolent Association and providing for its
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powers and duties.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Walter, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10411, Rules Report No.
584, Schimminger, Corwin, Gabryszak, Kearns, Ceretto, Walter,
Pretlow. An act to amend the General Municipal Law, in relation to
restrictions upon games of chance.
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Schimminger, the Senate bill is before the House. The Senate bill
is advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Ms. Corwin to explain her vote.
MS. CORWIN: Thank you, Mr. Speaker. I would
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just like to thank the sponsor of this bill, Mr. Schimminger, for putting
through this legislation. It's a very important bill. It may not look like
a whole lot on a piece of paper, but by raising the limits on raffle
proceeds we're actually allowing organizations throughout New York
State to be able to raise money for themselves and to give for very
good purposes. The Buffalo Sabres Foundation, who asked us for this
bill, has already, just in the last two years since we raised the limit last
time, donated money to build baseball fields for developmentallydisabled children and built mammogram buses to be able to provide
mammogram services around Western New York.
So, thank you, everyone, for supporting this bill, and
I want to thank Mr. Schimminger, again, for putting this forward.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10726, Rules Report No.
586, Committee on Rules (Palmesano). An act to amend the Highway
Law, in relation to the designation of the "Sergeant Devin Snyder
Memorial Highway."
ACTING SPEAKER P. RIVERA: On a motion by
Mr. Palmesano, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
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record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10728-A, Rules Report No.
587, Committee on Rules (Canestrari). An act granting retroactive
Tier IV membership in the New York State and Local Employees'
Retirement System to Brian Stebbins.
ACTING SPEAKER P. RIVERA: There's a home
rule message at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10332, Rules Report No.
588, Hawley. An act to amend the Public Authorities Law, in relation
to adding the Town of Kendall, Orleans County, to the towns served
by the Monroe County Water Authority.
ACTING SPEAKER P. RIVERA: On a motion by
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Mr. Hawley, the Senate bill is before the House. The Senate bill is
advanced. Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
MR. CANESTRARI: Mr. Speaker, now that the Cis concluded, we will now go back to the A-Calendar, take up Rules
Report No. 538 on page 5 of that Calendar, Mr. Michael DenDekker.
Rules Report No. 538, please.
ACTING SPEAKER P. RIVERA: Rules Report No.
538 on the A-Calendar, the Clerk will read.
THE CLERK: Bill No. 7351, Rules Report No. 538,
DenDekker, O'Donnell, Scarborough, Moya, Castro, Meng, Lentol,
Colton, Linares, P. Rivera, Montesano, Gunther, Lavine, M. Miller,
Weisenberg. An act to amend the Vehicle and Traffic Law, in relation
to including the examination of tinted or shaded windows in the
periodic inspection of motor vehicles.
ACTING SPEAKER P. RIVERA: Mr. DenDekker,
an explanation is requested.
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MR. DENDEKKER: This bill will include the
inspection of tinted or shaded windows in the periodic inspection of a
motor vehicle during its annual inspection.
ACTING SPEAKER P. RIVERA: After that
explanation, Mr. Jordan, how can you stand up?
Mr. Jordan.
MR. JORDAN: Thank you, Mr. Speaker. Will the
sponsor yield?
ACTING SPEAKER P. RIVERA: Mr. DenDekker,
will you yield?
MR. DENDEKKER: Yes, of course.
MR. JORDAN: Thank you, Mr. DenDekker. In New
York, our garages, are they able to set a rate that they charge for motor
vehicle inspections or is that fee set by DMV?
MR. DENDEKKER: They're set by DMV, but this
bill does not address the cost of the inspection.
MR. JORDAN: And so, presumably, then, with this
added element to the inspection process, the small garage or the auto
dealer won't be able to charge more for that work; is that correct?
MR. DENDEKKER: Again, as you mentioned, the
inspection fee is set by DMV and this bill doesn't address the actual
cost of the inspection.
MR. JORDAN: Okay.
MR. DENDEKKER: There's no increase for the cost
of the inspection.
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MR. JORDAN: To the consumer?
MR. DENDEKKER: To the consumer, that's correct.
MR. JORDAN: Correct. Do you know how much
the machines cost that measure window tint?
MR. DENDEKKER: They vary in price, anywhere
from as low as $90 to as high as $3- or $400, depending on the type of
equipment that you purchase and the amount.
MR. JORDAN: Well, perhaps our information -well, our information is different. Not that yours is incorrect, ours is
different. The estimate that we're hearing is between $1,000 and
$2,000 to acquire the machinery to adequately test the window tint.
Moving on, will they have to test the window tint on
every window in the vehicle?
MR. DENDEKKER: They'll have to make sure that
the windows are tinted within compliance of current law. I did not
change the law as to the requirement of what the tint is, just that it
fulfills the safety requirements that we have set forth in previous law.
MR. JORDAN: Is the window tint uniform
throughout the vehicle or is there a greater requirement on the -- or, I
guess, are you allowed less tint on the front windshield versus other
windows, do you know?
MR. DENDEKKER: Yes, that would be accurate. In
current law, I believe there are different specifications. For example,
the driver's side window in regard to the driver's side rear window, et
cetera.
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MR. JORDAN: Does your bill provide any direction
to the garage -- and I guess, you know, for a point of clarification, in
my district there are a lot of small gas stations and garages that
provide inspections, and their ability to do business has been greatly
hampered by added problems. So, that's sort of where I'm coming
from on this. They're always trying to keep up and deal with the
added changes we place. But, I'm curious. If the inspection reveals
that there's too much window tint, does that mean the vehicle fails
inspection?
MR. DENDEKKER: That's correct.
MR. JORDAN: And where does it provide that in
the bill?
MR. DENDEKKER: It's current law. If a vehicle
doesn't pass the outlying safety inspection, then it would fail the
inspection.
MR. JORDAN: Well, but under current law, a
window that has too much tint doesn't fail inspection.
MR. DENDEKKER: That's correct, but this is now
being added to the other areas. So, for example, as part of the
inspection you have to check the brakes. If the brakes don't meet
certain qualifications and the vehicle is deemed unsafe, it does not
pass the safety inspection. So, we're now adding the tinted windows.
So, if you checked the windows and the windows were too dark, it
would not pass the safety inspection.
MR. JORDAN: Thank you, Mr. DenDekker.
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Briefly on the bill, Mr. Speaker.
ACTING SPEAKER P. RIVERA: On the bill.
MR. JORDAN: You know, I think that no one would
-- I think there's a difference between testing brakes, checking for
seatbelts functioning, making sure all the of the warning lights are
working properly, versus moving into what are sort of, generally,
equipment violations that are not associated always with failures of
inspections. That's one problem. But I think the bigger issue with this
bill, quite frankly, when you look at the difference between what the
sponsor's estimates were versus what we're being told, you know,
there are small businesses that struggle every day to make ends meet,
and an added cost of $1,000 or $2,000 when the fee for the inspection
is set by the State and we're adding a new cost to them but we're not
giving them any means to recoup that cost, you know, I submit to you
that that will be one further shot against small business. And for that
reason, I'm sure some of my colleagues will be voting in the negative.
Thank you, Mr. Speaker.
ACTING SPEAKER P. RIVERA: Mr. Losquadro.
MR. LOSQUADRO: Thank you, Mr. Speaker. On
the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. LOSQUADRO: I just wanted to add one further
point. Aside from the equipment, the rate set for this also has to do
with the amount of time that it takes the individual who that shop is
paying to perform the inspection. If you're forcing that person to
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spend more time, they're going to be able to do fewer inspections per
day and, therefore, the hourly rate that you're paying that person is
going to cut into the business owner's profit margin for that inspection.
So, to impose this without a commensurate increase in the rate for the
shop or, perhaps, a reduction in the sticker fee that we charge to the
shop if we don't want to raise the rates on the motoring public, I think
is ill-advised. This is going to hurt our small businesses and force a
mandate on them that is going to cut into their bottom line. Thank
you.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the first
day of January next succeeding the date on which it shall have
become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Weisenberg to explain his vote.
MR. WEISENBERG: Mr. Speaker, my colleagues, I
recently had the pleasure of getting some funding -- excuse the voice
-- for the 4th Precinct in Nassau County, and one of the requests was
for the equipment to be able to check license plates and that we should
do something -- and this is very pronounced -- that we've got to do
something about the people who have tinted windows because when a
police officer walks over to a vehicle and can't see what is taking
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place inside that vehicle, he is at risk. And what has happened, as you
know, that we have people here that as soon as a police officer
approaches a vehicle, he is a target. So, I don't know about the
dollars, but I do know about the health and safety of our cops to make
sure that they're in the safest environment. And this is going to keep
these tinted windows and vehicles out of -- keep our cops out of
harm's reach there. I think this is a good bill and I am voting in the
positive. Thank you.
ACTING SPEAKER P. RIVERA: Mr. Lavine to
explain his vote.
MR. LAVINE: Not only is this designed to protect
the lives of our law enforcement officers, but if your experiences are
anything like mine, when you bring your car in to have it inspected,
very, very often there's something that needs work. The repair shops
who do the inspection very, very often get to perform that work. This
is good for business in the State of New York, it's good for the repair
shops, it's good for our law enforcement officers. I'm very happy to
cast a vote in the affirmative.
ACTING SPEAKER P. RIVERA: Mr. DenDekker to
explain his vote.
MR. DENDEKKER: I would like to thank the
Speaker and my colleagues that have supported me on this bill. I feel
it's a very, very important issue. As was said by some of my
colleagues, currently, inspection stations do not have to be inspection
stations. They choose to be inspection stations because of the
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associated work they get when you go in to get your car inspected.
They know that when you go to get your car inspected they're going to
build up that customer rapport with you, you're going to get an oil
change, you're going to buy windshield wipers. For that reason, I
think it's going to be good for them. But the main reason is a lot of
people in the City of New York or the State of New York don't even
know what the current law is, and if their windows are too dark. And
when they find out it's because they got pulled over and they got a
ticket because they found out that their windows were too dark and
they had no idea. By having this yearly inspection, this will be a good
way to correct that problem, to protect people from getting undue
fines, and also to keep our police department, as well as us drivers,
better and safer. Thank you.
ACTING SPEAKER P. RIVERA: Mr. Raia to
explain his vote.
MR. RAIA: Thank you. Very briefly, this is a good
bill. Law enforcement supports it. I've been on the back end of one of
these tickets. It takes about 15 seconds to test the transparency of the
window. There's no reason why anybody should be voting against
this.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Canestrari.
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MR. CANESTRARI: Mr. Speaker -- I guess we
should now say "Mr. Commissioner"; is that correct? Whoa. Very
good.
(Applause)
All right. We will now go to the B-Calendar.
Obviously, a few things are going on, colleagues, with another bill or
two, which is kind of stretching out this process a bit, and there may
be one or two additional calendars. So, until we actually know the lay
of the land, just stay tuned and we'll continue to do some bills as we
await some final decisions above my pay grade. So, forget the
barbecue. We will now go to the B-Calendar, Rules Report No. 565,
page 3, Keith Wright.
ACTING SPEAKER P. RIVERA: Proceeding back
to the B-Calendar, on page 3, Rules Report No. 565, the Clerk will
read.
THE CLERK: Bill No. 9809, Rules Report No. 565,
Jeffries, Castro, Scarborough, Roberts, Zebrowski, Colton, Perry,
Hevesi, Arroyo, Bronson, Markey, Espinal, Simotas, Reilly, Jacobs,
Benedetto, Lancman, Latimer, Stevenson, Abinanti, Jaffee,
Weisenberg, Weinstein, Rosenthal, N. Rivera, Lifton, Crespo, Clark,
Titone, Peoples-Stokes, Ramos, Galef, Robinson, Ryan, Dinowitz,
Gunther, Magnarelli, Gibson, Schimel, Weprin, Cusick, Paulin. An
act to amend the Labor Law, in relation to enacting the "Save New
York Call Center Jobs Act of 2012."
ACTING SPEAKER P. RIVERA: An explanation is
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requested. Mr. Wright to answer the questions.
MR. WRIGHT: Thank you, Mr. Speaker,
Commissioner, it would more than my pleasure. On behalf of Mr.
Jeffries, this bill enacts the "Save -ACTING SPEAKER P. RIVERA: Excuse me, Mr.
Wright. Colleagues, we're almost home. Can we give Mr. Wright our
attention, please? Thank you. I'm sorry, Mr. Wright.
MR. WRIGHT: That's all right, sir. What this bill -this enacts the "Save New York Call Center Jobs Act of 2012," which
requires prior notice of relocation of call center jobs from New York
to a foreign country. It directs the Commissioner of Labor to maintain
a list of employers who move call center jobs, which would prohibit
loans and grants.
ACTING SPEAKER P. RIVERA: Mr. Jordan.
MR. JORDAN: Thank you, Mr. Speaker. Will the
sponsor yield -- or Mr. Wright yield, rather?
ACTING SPEAKER P. RIVERA: Mr. Wright?
MR. WRIGHT: Yes, Mr. Speaker.
MR. JORDAN: Thank you, Mr. Wright. So, will
this bill apply to all call centers operated in New York State?
MR. WRIGHT: Those call centers that have 50 or
more employees -- employers that have 50 or more employees.
MR. JORDAN: Full-time or full-time/part-time?
MR. WRIGHT: It would include part-time as well.
MR. JORDAN: It does.
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MR. WRIGHT: Yes.
MR. JORDAN: So, you could have ten full-time and
41 part-time and you would fit within the definition?
MR. WRIGHT: I believe so, yes.
MR. JORDAN: Okay. And do they have to meet
that threshold number of employees for a specific period of time? Is
there an averaging that we use in this bill?
MR. WRIGHT: That's not spoken to in the bill.
MR. JORDAN: Okay. And we're asking the
Commissioner of Labor to conduct a study; is that correct?
MR. WRIGHT: Not a study, but to maintain a list of
all those call centers that do not, do not give prior notification up to
100 days in advance of them leaving the United States of America.
MR. JORDAN: Is it leaving the United States or just
leaving New York State?
MR. WRIGHT: Leaving the United States to a
foreign country.
MR. JORDAN: But it only would be businesses
operating in New York?
MR. WRIGHT: That is correct, sir.
MR. JORDAN: Okay. So, how will the
Commissioner of Labor know that these businesses meet the criteria?
MR. WRIGHT: Well, the Commissioner of Labor -if a company does not give notification up to 100 days in advance,
then the Commissioner of Labor would maintain a list, database, if
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you will, of those companies that do not give prior notification.
MR. JORDAN: Will this business apply only -- or -this business. If this bill were to become law, would it apply only to
businesses that are here currently, or would it apply to businesses that
happened to move here and then changed?
MR. WRIGHT: It would apply to those businesses
that are here and those businesses that do, in fact, move here in the
future.
MR. JORDAN: And if you were an owner of a
business that was providing call service support and you were trying
to decide where to locate your business and there were opportunities
to go to the state of Washington, to go to Pennsylvania or go to New
York and this bill were -- and this were now law in New York but not
in those other two states and you employed 100 people, do you think
that this would have a potential chilling effect on those employers
who may be thinking about coming to New York because they were
leaving for whatever reason?
MR. WRIGHT: I don't think it would have a chilling
effect. This is about encouraging businesses to move here and also to
keep those jobs here. You know, these call centers are all over the
place in the State of New York, from Long Island to way Upstate New
York. They're all over. And these are about jobs and keeping jobs
here, not only in New York but, also, in the United States of America.
When these call centers are here and they don't move their jobs to
foreign countries, they are now eligible for all sorts of loans and
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grants, what have you. There's no reason in the world why we should
be encouraging and rewarding businesses with these loans and grants
and business incentives if they're going to be moving these jobs out of
the United States of America.
MR. JORDAN: What if a business -- would this bill
still apply, though, to a business that received no grants, no support,
no funding from the State whatsoever, but just happened to be here
and the owner started it on a great idea and built it up to 100 people
and then for family reasons had to move to Toronto? Would it still
apply to them?
MR. WRIGHT: And we're talking about call centers.
I want to be -MR. JORDAN: Correct. Yes, call centers. Right.
MR. WRIGHT: We're not talking about businesses
en masse, we're talking about call centers.
MR. JORDAN: Today it's call centers; tomorrow,
who knows?
MR. WRIGHT: Today, all day long, call centers.
Let's be as specific as possible, Mr. Jordan.
MR. JORDAN: But you referenced grants and loans
from the State, but does this bill limit itself only to those businesses
that satisfy the number of employees -- call centers that satisfy the
number of employees?
MR. WRIGHT: They still have to provide notice.
MR. JORDAN: Right. I just am clarifying that -282

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MR. WRIGHT: Yes. The call centers would have to
provide notice -MR. JORDAN: Yes.
MR. WRIGHT: -- 100 days in advance.
MR. JORDAN: So, they provide that 101-day notice
or the 100-day notice to the Commissioner of Labor that, okay, due to
whatever reason, we're now leaving and we're going from -MR. WRIGHT: And you're saying they're providing
the notice?
MR. JORDAN: Yes. They provide the notice; then
what?
MR. WRIGHT: Then they would be ineligible. I
mean, they would be ineligible for grants, State grants or loans or
whatever rewards or incentives from the State of New York. I mean, I
presume they could move, but there's no reason why we should
encourage them to do so.
MR. JORDAN: But, arguably -- let me back up
things because that's interesting. So, I have to provide 100 days'
notice that I'm going to leave and so, in that period of time I'm not
going to get a grant from the State. I mean, do we really have a lot of
instances where a call center business is getting a grant or a loan and
then leaving? I mean, what triggered this reaction?
MR. WRIGHT: I would say yes. I do not know the
specific instance, but, obviously, it's happening to working -- to call
centers all around the State, and the specific aim of this bill, the intent
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of this bill, is to keep jobs here in the State of New York.
MR. JORDAN: But I guess I'm really struggling how
-- having -- I mean, as a business person, I'll just make the decision
101 days in advance, give the notice, wait for the 100 days and leave.
I'm not seeing where this is keeping -- I mean, with all due respect, to
me -- you may say -- let's say I'm an avid skier and I'm going to locate
my business either in the Adirondacks or Colorado or Utah, and Utah
and Colorado don't have this bill, or this State law, but New York
does. I'm picking those other states. And it's interesting -MR. WRIGHT: Why? Because then you could get
up -- I'm sorry, go ahead.
MR. JORDAN: Let me just give you an example of
why I feel that way. I actually heard, maybe three years ago, that one
of the -- Arthur Andersen -- and I don't know their proper name now
-- in Chicago does a great deal of outsourcing work for people at
home, and they provide stay-at-home parents or people who can't
travel or people who don't want to travel, an opportunity to provide
this very type of service from their home. It happened to be a very
good friend of mine's brother was running this program for this
company, and I called him and said -- and it was -- We are struggling
economically. We have people who can't afford $4 gas, on and on and
on, and I said, Would you guys look at Upstate New York? And there
was a pause and a chuckle and then an explanation that due to the
costs, due to the expense of doing business in New York, that what
they are able to provide as a service would not succeed here. To me,
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this would be one more burden, and that's where I'm coming from. I
guess I throw that out to hear how you think this will attract
businesses here.
MR. WRIGHT: And I guess all businesses have to
make their various management decisions, but we're talking about
trying to keep jobs here in the State of New York in order to aid in the
economic recovery that we have to go through in order to get this
State and this country back on its feet. Now, I mean, each and every
company has to make their various management decisions. So, if they
move -- if Arthur Andersen were to move, and they had a call center -we're talking call centers now. I know Arthur Andersen is an
accounting firm, among the many things that they do, but we're
talking about call centers here. But, if Arthur Andersen's call center
were to move here and then they decide to go to a foreign country,
there's no reason in the world why the State of New York should help
them.
MR. JORDAN: Right. Mr. Wright, I recognize
you're not the original author of this piece of legislation.
MR. WRIGHT: No, and I'm doing a pretty good job
of it, aren't I?
MR. JORDAN: Absolutely.
MR. WRIGHT: A round of applause for me not
being the author.
(Applause)
A little louder.
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MR. JORDAN: I think one of the values of these
debates, for me, certainly, is getting a better perspective as to where
the sponsor is coming from, and I think I agree 100 percent with you
when you say if New York State or one of our counties or towns or
cities gives an economic benefit to a company to come here or stay
here, I am a big fan of having hooks or tieing conditions to that. I'm
wondering if maybe what we could look at in rewriting this bill for
next year -- and you and I can debate it again and I can tell you how
wonderful it is with this amendment -- but perhaps we add another
requirement for triggering this, and that would be a company that has
received a grant from the State or has received a loan from the State or
tax breaks from the State would now be encumbered by this
responsibility to the workers and to the State that says if you receive
this benefit, you have to stay here and you have to stay here for a
period of time and here's the notice requirements and here are the
financial disincentives, if you will, to keep you from leaving. And
then a business -- as you said, they have to make their own decisions.
Now we'll have a business that will say, okay, I need this loan or I
need this grant or I want it, what are the conditions? Now they're
making that choice, and I think that makes perfect sense and is really
an added value. Where a business is here of their own choosing, with
never receiving any State benefits, to suddenly add a burden on them
in these economic times I think would be challenging and difficult.
Would you consider such a recommendation to next year's sponsor?
MR. WRIGHT: I would be more than happy to have
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that discussion with you. It would be my pleasure.
MR. JORDAN: Right.
MR. WRIGHT: And let me just say this: This is not
a Republican or a Democratic bill. This is about keeping jobs in the
State of New York. We have these call centers all around the State,
Garden City, Long Island, up in the western part of New York.
They're in rural territories, they're in urban centers. So, this is about
keeping jobs in the State of New York, and I would look forward to
having that discussion with you, Mr. Jordan.
MR. JORDAN: Thank you, Mr. Wright.
Mr. Speaker, very briefly on the bill.
ACTING SPEAKER P. RIVERA: On the bill.
MR. JORDAN: I think Mr. Wright is exactly right;
we should be doing whatever it is we can to try to keep jobs here and
attract jobs, and I think this discussion shows that maybe we're not
that far apart. It just depends on whether we're going to put an anchor
on the business or a carrot. I think when we interpose ourselves into
contract discussions, negotiations or conditions for doing business in
New York that don't deal with public safety, I think we set ourselves
up for being an anchor. But, if we have great grants and we have
opportunities to attract businesses here, I think this carrot of saying,
Here, we have the money and here's how we can help you, I think you
would find far greater support and I think it would be far less harmful
to our businesses.
Thank you, Mr. Speaker, and thank you, Mr. Wright.
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ACTING SPEAKER P. RIVERA: Mr. McDonough.
MR. MCDONOUGH: Thank you, Mr. Speaker.
Would the sponsor yield for just a moment, please?
ACTING SPEAKER P. RIVERA: Mr. Wright?
MR. WRIGHT: Yes, Mr. Speaker. I will yield.
MR. MCDONOUGH: Thank you, Keith. I listened
to what you said. I'm more concerned -- and I agree with this, this is
for foreign, anybody going out of the country, right? I mean, I know
when I call, I get somebody in either India or the Philippines or
something, and I always say to them, Please connect me with someone
in the United States. They resist, but finally they do. This has no
effect on current companies - I'm thinking of Verizon, other New
York companies - am I correct? It has no effect on anybody currently
who has the outsourcing someplace else, right?
MR. WRIGHT: You mean who has -MR. MCDONOUGH: Well, let's say a New York
company now.
MR. WRIGHT: That is outsourcing now?
MR. MCDONOUGH: Yes, that has the call centers
overseas. Since they're already established -MR. WRIGHT: Yes. Only if they're going to
relocate they must give 100 days' notice that they're going to relocate.
MR. MCDONOUGH: Okay. Let me take that one
step -- well, I'll wait.
MR. WRIGHT: This is relocation in the future.
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MR. MCDONOUGH: In the future?
MR. WRIGHT: Yes.
MR. MCDONOUGH: So, anybody who has that call
center in a foreign country now and they continue it, we don't do
anything to penalize them from earning any future grants or loans, as
you said, right?
MR. WRIGHT: This bill does not address that at all.
MR. MCDONOUGH: So, it's only for new
situations?
MR. WRIGHT: Yes. And this is to stop further
outsourcing.
MR. MCDONOUGH: And it does not penalize some
company who does the call centers in another state in the United
States, only those that go outside the United States?
MR. WRIGHT: Only foreign countries.
MR. MCDONOUGH: Okay.
MR. WRIGHT: Only foreign countries.
MR. MCDONOUGH: Thank you very much; thank
you, Mr. Speaker.
MR. WRIGHT: Thank you.
ACTING SPEAKER P. RIVERA: Read the last
section.
THE CLERK: This act shall take effect on the 180th
day next succeeding the date on which it shall have become a law.
ACTING SPEAKER P. RIVERA: The Clerk will
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record the vote.
(The Clerk recorded the vote.)
Mr. José Rivera to explain his vote.
MR. J. RIVERA: Less than one minute. This bill is
a good bill but, my friends, it's over 40 years too late. If we had a bill
like this maybe in 1971, maybe Richard Nixon would not have
traveled over to China and practically sell us out. Nobody criticized
him. Nobody campaigned against that. But the fact of the matter is
we have lost a lot of jobs overseas. Over 40 years too late;
nonetheless, we've got to keep trying to keep jobs for us in our great
nation. Thank you very much.
ACTING SPEAKER P. RIVERA: Mr. McLaughlin
to explain his vote.
MR. MCLAUGHLIN: This bill is an outstanding
way to ensure that New York never gets another call center to open
inside this State. You put the shackles on a business and you have the
nerve to dictate to a business that you can't leave the State without
notifying the Commissioner of Labor 120 days beforehand. This bill
will guarantee that anybody thinking about opening a business -- a call
center in New York State does not, because if I was opening one, I
would look very closely at what was going on and I would locate to a
more business-friendly state that didn't put the restrictions on me
about how I was going to operate my business. The way you get
businesses to locate in your state is by being business-friendly. This is
not the way to do it. I'm voting no.
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ACTING SPEAKER P. RIVERA: Mr. Titone to
explain his vote.
MR. TITONE: Yes, Mr. Speaker, I'm just thinking
that if this bill is good enough for the Commissioner of Labor, then it's
good enough for me. I'll be voting in the affirmative.
ACTING SPEAKER P. RIVERA: Mr. Canestrari.
MR. CANESTRARI: Right. Mr. Speaker, there will
be an immediate meeting of the Judiciary Committee.
ACTING SPEAKER P. RIVERA: Should we call
this vote?
MR. CANESTRARI: I'm first. Judiciary Committee,
Helene Weinstein is ready, Speaker's Conference Room. Please
proceed. We have a couple more meetings and we're going to wrap
this up relatively soon with your cooperation. Judiciary, Ways and
Means and Rules. Let's start with Judiciary, then call this turkey -this bill.
ACTING SPEAKER P. RIVERA: Are there any
other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
MR. CANESTRARI: Ms. Speaker.
ACTING SPEAKER GUNTHER: Mr. Canestrari.
MR. CANESTRARI: We will now go to the
C-Calendar and take up Rules Report No. 582 on page 4, Harvey
Weisenberg, please. Rules Report No. 582.
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ACTING SPEAKER GUNTHER: Rules Report No.
582 on page 4, the Clerk will read.
THE CLERK: Bill No. 9954, Rules Report No. 582,
Weisenberg. An act to amend the Local Finance Law, in relation to
authorizing the City of Long Beach to amortize the cost of payments.
ACTING SPEAKER GUNTHER: On a motion by
Mr. Weisenberg, the Senate bill is before the House. The Senate bill
is advanced. The home rule message is at the desk. Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER GUNTHER: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Joel Miller to explain his vote.
MR. J. MILLER: Thank you, Madam Speaker. The
issue of amortizing the cost of payments to afford the benefits of
employees upon separation from employment in Long Beach is one of
the issues that has kept this House on the edge of its seat for a very
long time, and I'm glad we have finally reached this point in time
when we can settle this issue. I will be leaving, but I certainly wish
that Harvey carries on and does some more of these very important
local bills. In any case, I'm not concerned how long the rest of you
stay, but, bye-bye.
(Applause)
ACTING SPEAKER GUNTHER: Are there any
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other votes? The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
MR. CANESTRARI: Ms. Speaker, let's just stand at
ease for a minute in the House. Just as an update, things are moving
along quite well. Judiciary has been called. We'll have a Ways and
Means and Rules, producing a D-Calendar. That will be our work for
the evening. It should go relatively smoothly, with your cooperation.
And we can do this, I think, within an hour or less, if we're lucky.
But, that is the lay of the land at the moment. So, stay tuned. Let's
just stand at ease and call the meetings, get the D-Calendar. I think
there are 10 bills at the most, 10 or 12 bills. The two bills that were
previously on the C-Calendar that were on by error will be on the D-,
and a few others, and then that will be it. Okay? That's the latest.
Thank you.
(Whereupon, the House stood at ease.)
MR. CANESTRARI: Colleagues, Ways and Means
Committee meeting in the Speaker's Conference Room. Denny
Farrell is there. Ways and Means now. Deputy Speaker, you, too.
Ways and Means, followed by Rules. Ways and Means now, Rules,
and a brief Democratic Conference and D-Calendar. Ways and
Means, Rules, a short Majority Conference, back on the floor.
*
AFTER

THE

*

*

RECESS

*

*
7:49 P.M.

SPEAKER SILVER: The House will come to order.
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MR. CANESTRARI: The D-Calendar is on the
members' desks. I move to advance the D-Calendar.
SPEAKER SILVER: On a motion by Mr. Canestrari,
the D-Calendar is advanced.
MR. CANESTRARI: We will take up the Ddirectly, Mr. Speaker, starting with the resolutions on page 3 and
going through it accordingly. Thank you.
SPEAKER SILVER: The Clerk will read.
THE CLERK: Resolution No. 1631, Rules at the
request of Ms. Naomi Rivera.
Legislative Resolution memorializing Governor
Andrew M. Cuomo to proclaim October 2-9, 2012 as Walk With Me
Week in the State of New York.
WHEREAS, An initiative created to give a face to
victims of domestic violence, Walk With Me Week will take place
October 2-9, 2012 simultaneously on college campuses across New
York; and
WHEREAS, For the event, a silent procession of
college students symbolizing victims of domestic violence will walk
to bring students face-to-face with the reality of domestic violence;
and
WHEREAS, Domestic violence, also known as
partner abuse, spouse abuse, intimate partner violence or battery, is a
widespread problem that occurs when one person inflicts either
emotional, physical or psychological injury to control another person
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that they have, or had, a relationship with; and
WHEREAS, The single largest cause of injury to
women between the ages of 15-44 in the United States, domestic
violence occurs among all ages, genders, races, educational
backgrounds and socio-economic groups; each year, between two and
four million women are battered and over 300,000 women experience
domestic violence while they are pregnant, resulting in the leading
cause of death among pregnant women; and
WHEREAS, In addition, nearly 25 percent of women
have been raped and/or physically assaulted by an intimate partner at
some point in their lives; it is estimated that between 40 and 70
percent of female murder victims are killed by their husbands or
boyfriends, frequently in the context of an ongoing abusive
relationship; and
WHEREAS, Women with a history of domestic
violence report having a 60 percent higher rate of health problems
than women with no history of abuse; adolescents involved with an
abusive partner report increased levels of depressed mood, substance
abuse, antisocial behavior, and in females, suicidal behavior; and
WHEREAS, Researchers report that children who
witness domestic violence are at a greater risk of developing
psychiatric disorders, developmental problems, school failure,
violence against others and low self-esteem; and
WHEREAS, The proliferation of domestic violence
in communities across New York State can be combated in part by
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raising society's awareness of and sensitivity to this prevalent of and
far-reaching issue; and
WHEREAS, Walk with Me Week is one way to
mobilize future generations to get involved and create a movement
against domestic violence while simultaneously letting people know
that they are not alone and have a right to be safe; now, therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations to memorialize Governor Andrew M. Cuomo to
proclaim October 2-9, 2012 as Walk With Me Week in the State of
New York; and be it further
RESOLVED, That a copy of this Resolution, suitably
engrossed, be transmitted to The Honorable Andrew M. Cuomo,
Governor of the State of New York.
SPEAKER SILVER: On the resolution, all those in
favor signify by saying aye; opposed, no. The resolution is adopted.
THE CLERK: Bill No. 8136-B, Rules Report No.
589, Goodell. An act to amend the Highway Law, in relation to
designating a portion of the State Highway System as the "Jamestown
Veterans Memorial Bridge."
SPEAKER SILVER: On a motion by Mr. Goodell,
the Senate bill is before the House. The Senate bill is advanced. Read
the last section.
THE CLERK: This act shall take effect immediately.
SPEAKER SILVER: The Clerk will record the vote.
(The Clerk recorded the vote.)
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Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 8392-C, Rules Report No.
590, Paulin, Gottfried, Gunther, Gibson, Jacobs, Jaffee, Englebright.
An act to amend the Education Law, in relation to certification of
certified registered nurse anesthetists.
SPEAKER SILVER: On a motion by Ms. Paulin, the
Senate bill is before the House. The Senate bill is advanced. Read the
last section.
THE CLERK: This act shall take effect on the 180th
day next succeeding the date on which it shall have become a law.
SPEAKER SILVER: The Clerk will record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10514, Rules Report No.
591, Committee on Rules (Pretlow). An act to amend the Racing,
Pari-Mutuel Wagering and Breeding Law, in relation to resources of
the New York State Thoroughbred Breeding and Development Fund.
SPEAKER SILVER: Read the last section.
THE CLERK: This act shall take effect immediately.
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SPEAKER SILVER: The Clerk will record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10522, Rules Report No.
592, Committee on Rules (Burling). An act making certain findings
and determinations with respect to certain bond anticipation notes
issued by the Village of Dansville, in the County of Livingston,
validating and legalizing the same, and authorizing the issuance of
obligations of such village with respect thereto.
SPEAKER SILVER: On a motion by Mr. Burling,
the Senate bill is before the House. The Senate bill is advanced and
there's a home rule message at the desk. Read the last section.
THE CLERK: This act shall take effect immediately.
SPEAKER SILVER: The Clerk will record the vote.
(The Clerk recorded the vote.)
Mr. Burling to explain his vote briefly.
MR. BURLING: Mr. Speaker, my colleagues, to
explain my vote. I find it very ironic that it appears that this is the last
Republican vote and the last Session that I will be here. I want to
extend my sincere gratitude to all my colleagues for their friendship,
their collegiality and their professionalism. Certainly, the people of
New York State are well-served. And I will be back to vote for your
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pay raise.
(Laughter)
(Applause)
SPEAKER SILVER: How do you vote, Mr. Burling?
MR. BURLING: Mr. Speaker, I withdraw my
request and I vote in the positive.
SPEAKER SILVER: Mr. Burling in the affirmative.
The Clerk will announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10657-A, Rules Report No.
593, Committee on Rules (Weinstein). An act to amend the Civil
Practice Law and Rules, the General Municipal Law, the
Environmental Conservation Law, the Public Authorities Law, the
Education Law, the Mental Hygiene Law, the Private Housing
Finance Law, the Facilities Development Corporation Act, the
Administrative Code of the City of New York, and Chapter 154 of the
Laws of 1921 relating to the Port Authority of New York and New
Jersey, in relation to establishing a uniform process and requirement
for the filing of notices of claim prior to the commencement of a cause
of action against any State or municipal entity, public authority or
public benefit corporation.
SPEAKER SILVER: On a motion by Ms. Weinstein,
the Senate bill is before the House. The Senate bill is advanced. The
Senate bill is live. Read the last section.
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THE CLERK: This act shall take effect on the 180th
day next succeeding the date on which it shall have become a law.
SPEAKER SILVER: The Clerk will record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Bill No. 10732, Rules Report No.
594, Committee on Rules (Skartados). An act in relation to a certain
agreement for a payment in lieu of taxes.
SPEAKER SILVER: On a motion by Mr. Skartados,
the Senate bill is before the House. The Senate bill is advanced. Read
the last section.
THE CLERK: This act shall take effect immediately.
SPEAKER SILVER: The Clerk will record the vote.
(The Clerk recorded the vote.)
Are there any other votes? The Clerk will announce
the results.
(The Clerk announced the results.)
The bill is passed.
It's been a long week, and I just want to take a few
moments to thank you, each and every member of the House on both
sides of the aisle, for your outstanding effort and for working together
with passion and patience to deliver an exceptionally productive
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legislative Session. We certainly faced a plethora of challenges. With
the leadership of our Ways and Means Chairman, Denny Farrell -(Applause)
-- we brought to enactment the second consecutive
on-time and fiscally-sound State budget. On the complex and highprofile issues including historic measures to expand the DNA
databank and to create the Justice Center for the protection of people
with special needs, we worked with the Administration. Through the
committee process and floor debate we transformed good ideas into
better legislation. Overall, what we have accomplished in the last 18
months forms a record of leadership and achievement unparalleled in
recent memory. It is a record that we can carry back to our districts
with pride, given all that we have accomplished and the manner in
which we have conducted our business, with integrity and civility. I
have never been more proud to be a member of this House.
While our work is never fully finished, we do need to
recognize that this is the final regular legislative Session for our
Majority Leader, Ron Canestrari.
(Applause)
Ron, although you took some ribbing last week, you
have truly turned in another masterful performance of managing the
work of this House. I'm not going to engage in a long and sappy
farewell, but I will repeat something I said at the Italian-American
Center last week: Appointing you as Majority Leader was among the
smarter decisions I have made as Speaker. My friend, on behalf of all
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the members of this House on both sides of the aisle, I thank you for
your service and leadership.
(Applause)
With sadness and with some measure of joy, we must
also bid farewell to our Speaker Pro Tem, Peter Rivera.
(Applause)
Peter, for your contributions to the work of the
Assembly, for your commitment to maintaining the decorum of the
House, for the good cheer you have brought to the work of the floor
and for the warm welcomes you have bestowed upon our many guests,
we thank you. Appointing you as Speaker Pro Tem was another smart
decision on my part.
(Applause)
And we wish you the very best in your new role as
Labor Commissioner. The fact that you have been tapped by the
Governor to join the Administration is just further proof that the
Administration knows where to find real talent in this government.
I would be remiss if I didn't mention the great
contribution of Jack McEneny, who is retiring -(Applause)
-- who skillfully gave you all the headaches you face
in November. Thank you, Jack, for your really tenacious work on
your assignment.
I also want to recognize another Capital District
representative who is not running for reelection, Bob Reilly.
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(Applause)
Bob, your leadership, your wisdom and your
representation of your district is truly something we can all admire.
Thank you.
Let me also express my appreciation to all the others
who are leaving us, who I hope we'll be seeing in other elected offices
back here in the future, so I'm not going to single them out right now.
I want to express my appreciation and the
appreciation of everybody to our great -- and I say great, and I have
served with a number of them -- our great Minority Leader, Brian
Kolb.
(Applause)
Thank you for your leadership and thank you for your
cooperation. And I commend your Assistant Minority Leader Pro
Tem, Assemblyman Tony Jordan, for his work on the floor and for
helping us deliver a legislative Session that was as dignified as it was
productive. Thank you.
(Applause)
Let me also take a moment to express the gratitude of
the House and my personal gratitude to some of our talented staff,
actually to all of our talented and hard-working staff. My personal
thanks go out to Judy Rapfogel, my Chief of Staff.
(Applause)
My Counsel, Jim Yates.
(Applause)
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To LouAnn Ciccone.
(Applause)
To Matt Howard.
(Applause)
To the Program and Counsel Staff and our Ways and
Means Committee staff.
(Applause)
To some others who are less visible, but an important
part of the smooth operation, speaking of Bill Collins.
(Applause)
Carolyn Kearns.
(Applause)
Our Clerk, Laurie Kretzler.
(Applause)
Our Sergeant-at-Arms, Wayne Jackson.
(Applause)
Mike Whyland and the Press Office staff.
(Applause)
And I saved him for the end because he's so quiet,
nobody ever sees him here. I'm talking about Brian Coyne. Thank
you.
(Applause)
Thank you, one and all, for an exceptional legislative
Session. Colleagues, to each and every one of you, thank you for your
service, for your contribution to the work of the People's House.
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Accept my heartfelt best wishes in all of your future endeavors,
whatever they may be. And until we meet again, please drive safely
and have a wonderful summer season. Thank you very much.
(Applause)
Mr. Kolb.
MR. KOLB: Thank you, Mr. Speaker. First of all, to
all my colleagues, all 150 members of the greatest legislative Body in
the entire country, great job. You should give yourself a nice round of
applause.
(Applause)
I, too, would like to recognize some folks. I know
you're all anxious to go home or do whatever you would like to do
after this Session is completed, but bear with me for just a few short
minutes. We have some members that are leaving us in our family
here, and I would like to recognize those individuals one by one. So
first of all -- and I'm doing this in alphabetical order, which is the
smart, political thing to do.
So, we're going to start off with Mr. George
Amedore. George, thank you so much for your service to our
Conference.
(Applause)
The next gentleman is the guy that got to do the last
Republican bill in this Session. Dan, thank you for your service to the
State Assembly and, also, a greater thank you for the service that you
gave to our country. Dan, we'll miss you.
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(Applause)
Moving along down to the Hudson Valley, Nancy,
I'm not sure what we're going to be able to do on these tax check-off
bills, but we have a feeling someone is going to carry on the tradition.
Again, thank you for 22 great years of service to our great State.
(Applause)
Well, the next guy I'm going to introduce has left the
building.
(Applause)
Doc, I don't know where you went, but enjoy your
vacation.
(Applause)
The next young lady I'm about to introduce, of
course, we all know, and I spoke about her at the Women's Legislative
Dinner a week or so ago. A true lady with a great heart and a true
conviction, and I'm wishing her lots of quality time with her
grandchildren, Teresa Sayward.
(Applause)
And, of course, there's always a mess-up when you
go alphabetically -- or thought that I did -- so, I have to roll back a
little bit in the alphabet and also wish good luck to one of our rookies,
who is now hopefully going on to service in the other House. Please
give a joyous farewell to Mr. Sean Hanna.
(Applause)
From Western New York, again, one of our rookies
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that wants to spend a little bit more quality time with his young
family. He's done a great job in his first two years. And I kidded
Kevin earlier, I said, You know, in two years you have accomplished
more in 16 months than Jack Quinn ever did, so tell him that. Kevin
Smardz.
(Applause)
And last, but, certainly, not least, the man from
Staten Island who brings joy wherever he goes, Merry Christmas,
bring it up for Lou Tobacco.
(Applause)
Two gentlemen that I would also like to thank. Jim
Conte, we're with you. You keep fighting, buddy.
(Applause)
And two guys that have carried on the tradition on
behalf of Mr. Conte and certainly have done a stellar job keeping the
House going, providing the loyal and strong opposition, but doing it in
a professional and dignified way, I would like to thank Tony Jordan
and, also, Marc Butler for a great job done.
(Applause)
Okay. I'm getting there. Just a couple more sections,
but it's important. It's important to thank people that work so hard and
do so much. On behalf of our Assembly Republican Conference, the
folks in our Conference and our staff work so hard and so many hours
and with no recognition. I first want to start off, it's tough, to give a
very, very gracious thank you for this lady that had a safe haven three
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years ago and decided to give it a risk to move up to 933 and help me
lead a Conference and all of our staff, over 155 employees. One of
the classiest, most dedicated, loyal and brilliant people I have ever
worked with. I would like to publicly thank Judy Skype.
(Applause)
There's another young woman that's been with us for
a while, who I got the privilege and honor to work with as floor leader
and as a member of our Conference. She, too, is one of the smartest
people you ever want to work with. She has this great ability to deal
with Brian Coyne on a regular basis and not kill him -- but we still
love you, Brian. But, a lady that really doesn't need any introduction
and she's done such a fantastic job on behalf of our Conference,
Heather Mogan.
(Applause)
And to all of our staff, wherever you are, wherever
you're listening, and across the State, obviously, through the last week,
you know, we've had our research and development people, our
research folks, planning, all the folks with Counsel's office, Ways and
Means folks, all year long. I just want to publicly thank them. Also,
there's really kind of, sort of an old-timer up there that works
countless hours and doesn't get much ID, but he is something else, Ed
Wick.
(Applause)
And to close, to all of our colleagues on the other side
of the aisle that are going off to new ventures or new campaigns, I
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want to wish you nothing but the best. It's been a pleasure and an
honor to serve with all of you. But, three guys I would like to call out
just to say, again, thank you for your service to our State and to the
Speaker and the Assembly Majority Conference. Peter Rivera, you're
a class act, young man. Thank you very much.
(Applause)
To our historian. This man has forgotten more than
we'll ever learn about this great institution that we work with. Jack,
you, too, have been a stellar, great guy for our entire legislative
Assembly here, and we really will miss that institutional knowledge
that you so gently, but so proudly, share with us. Thank you, Jack.
(Applause)
Mr. Speaker, if you will indulge me just one other
time. First of all, I want to thank you for a great working relationship.
He's right, we don't agree all the time, but we have developed a
relationship. You know, we leave the campaigns for the campaigns.
We'll do battle all day. But, what I've said is that when we come into
this House and this institution, we're going to have our disagreements,
we're going to have our debates and we're going to have our votes, but
one of the things we're going to do is we're going to do it respectfully
and with honor and integrity. I want to thank you for giving back to
me what I hope I have given to you. Thank you, Mr. Speaker.
(Applause)
I can't forget also, because you mentioned Mr.
Farrell, Mr. Oaks, our new Ways and Means ranker this year.
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Fantastic job.
(Applause)
And for last, a true gentleman. You know, being
across the aisle here I've developed a great friendship with a great man
and a guy that has delivered nothing but class and honor and
friendliness and a smile. And he's got a tough job. We go at it a little
bit. He's been here a long time, for sure. But I've got to tell you, Ron,
I know you're doing this for you, but we -- and I will say me,
personally -- will miss you because you have just done such a great
service for our State. I have enjoyed the battles that we've had, but I
have even further enjoyed more the friendship that you have given me
and what we have shared together in the time that I have been here. I
wish you nothing but the best but, I've got to tell you, I'm going to
miss you.
(Applause)
With that, Mr. Speaker, thank you for indulging me
and my remarks.
SPEAKER SILVER: Mr. Canestrari.
MR. CANESTRARI: Thank you, Mr. Speaker.
Before we adjourn, let me just express my thanks to you, Mr. Speaker,
for your very kind and generous words and our friendship through the
years. I appreciate the confidence you placed in me five years ago
when you named me Majority Leader. What you didn't tell
everybody, though, is that I was on probation for the longest of any
Assemblyperson. But, it was a great ride and I thank you. And very
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quickly, my thanks to Judy Rapfogel, the indomitable. What a
tremendous resource we, in the Assembly, have with the personage of
Judy Rapfogel. Thank you for your friendship.
(Applause)
And this gentleman to my left -- I'm using the word
loosely -- Brian Coyne and the staff in the Capitol office. My thanks
to him and them for their great work, as well as my LOB staff through
the years. And, of course, across the aisle, I thank you, Brian, for
those very generous words. I've enjoyed working with you as well.
It's unfortunate that Jim Conte couldn't be here.
We've worked on a day-to-day basis when we were both in our
respective positions, but on this emotional night, our thoughts and our
prayers are with him tonight. And also, of course, to Tony and to
Marc. They both did a great job pinch-hitting. And thank all of you,
my colleagues here. It has been a great run, and I know there are
approximately 17 of us that are beginning a new chapter in our lives,
and I wish all of you the very best with that and as our paths take
different turns and the years ago by.
As a famous American entertainer used to say, thanks
for the memories. Thank you very much.
(Applause)
Are there any resolutions or housekeeping, Mr.
Speaker?
SPEAKER SILVER: We do have resolutions.
Privileged resolution by Ms. Sayward, the Clerk will
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read.
THE CLERK: Resolution No. 1628.
Legislative Resolution commemorating the 200th
anniversary of the First Congregational Church of Lewis of Lewis,
New York.
WHEREAS, Religious institutions, and the many
spiritual, social and educational benefits they confer, play a vital role
in the development of the moral fabric of a responsible citizenry; and
WHEREAS, It is the tradition of this State and this
Nation to pay tribute to institutions and individuals who have
contributed to the ethical and spiritual values of their communities;
and
WHEREAS, This legislative Body takes pleasure in
commemorating the 200th anniversary of the First Congregational
Church of Lewis of Lewis, New York, to be celebrated during the
weekend of July 28 and 29, 2012 with a number of activities
commemorating the Bicentennial of the church; and
WHEREAS, The First Congregational Church of
Lewis is the oldest Congregational Church in northeastern New York
State and was placed on the National Register of Historic Places
during the Town of Lewis's Bicentennial in 2005; and
WHEREAS, Perched on a knoll overlooking the
hamlet, the church has proudly welcomed visitors to the town for two
centuries; the First Congregational Church of Lewis was established
on June 12, 1812 when Reverend Cyrus Comstock met with a handful
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of people at the home of Dr. Alexander Morse in Elizabethtown for
the purpose of organizing a full time Congregational Church in Lewis;
and
WHEREAS, Reverend Comstock is known as the
father of Congregationalism in Essex County and as the inventor of
the Comstock wagon; although like many institutions, the First
Congregational Church of Lewis has experienced many ups and
downs during the course of its proud history, its members have
persevered to keep the doors open; and
WHEREAS, Reverend Frederick Shaw has served
both the First Congregational Church of Lewis and the United Church
of Christ in Elizabethtown, New York for more than 20 years and
holds the distinction of being the longest tenured minister at either
church; and
WHEREAS, The First Congregational Church holds
worship services each Sunday and Sunday school is provided for any
interested child from the area; and
WHEREAS, The First Congregational Church of
Lewis stands on the threshold of tomorrow, prepared to meet the
challenges of the coming decades while retaining that spiritual resolve
which characterizes its past; and
WHEREAS, It is the custom of this legislative Body
to take note of enduring religious institutions and to bring such
institutions to the attention of the people of this Empire State; now,
therefore, be it
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RESOLVED, That this legislative Body pause in its
deliberations to commemorate the 200th anniversary of the First
Congregational Church of Lewis, New York, fully confident this
commemoration reflects the belief in those values which enhance the
dignity and purpose of life; and be it further
RESOLVED, That a copy of this Resolution, suitably
engrossed, be transmitted to the First Congregational Church of
Lewis, Lewis, New York.
SPEAKER SILVER: On the resolution, all those in
favor signify by saying aye; opposed, no. The resolution is adopted.
Privileged resolution by Mrs. Clark, the Clerk will
read.
THE CLERK: Resolution No. 1629.
Legislative Resolution honoring Gloria M. Rochester,
Founder, President and CEO of the Queens Sickle Cell Advocacy
Network, Inc., for her extraordinary contributions to Sickle Cell
Awareness and the community.
WHEREAS, It is the custom of this legislative Body
to publicly recognize those extraordinary individuals who have made
contributions to the success and progress of society in the course of
their life's work; and
WHEREAS, Attendant to such concern, and in full
accord with its long-standing traditions, this legislative Body is justly
proud to honor Gloria M. Rochester, Founder, President and CEO of
the Queens Sickle Cell Advocacy Network, Inc., for her extraordinary
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contributions to Sickle Cell Awareness and the community; and
WHEREAS, Gloria Rochester is the mother of two
boys and two girls; her youngest daughter, Tyeisha, was diagnosed
with Sickle Cell Anemia at the age of 18 months; and
WHEREAS, Sickle Cell Disease is a genetic
condition that causes red blood cells to transform into a sickle or
crescent shape, decreasing their ability to carry oxygen throughout the
body; this was the first time Gloria Rochester heard of the condition,
which leads to pain in various parts of the body due to the lack of
circulating oxygen; and
WHEREAS, In order to handle the responsibilities of
caring for her daughter, Mrs. Rochester embarked on a determined
search to find out about the disease, which meant that she had to
empower herself with the skills and knowledge to enable her to make
informed decisions affecting its treatment and care; during that time in
the 1970's, there were limited materials or resources to assist affected
families, so she devoted herself to discovering what types of services
were available and how these services could be accessed; and
WHEREAS, Gloria Rochester educated herself in
order to help Tyeisha; her steadfast determination led her to other
people in the same situation and, soon, families affected by the disease
started to gather and meet in her basement in St. Alban's; this meeting
grew into an organization known as The Queens Sickle Cell Advisory
Network, a voluntary group of parents with common sickle cell
related problems; and
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WHEREAS, Given the many obstacles she had to
face both with life experiences and a host of other complications,
Gloria Rochester made a commitment to be in the forefront of the
initiative to make a difference in bringing awareness, support,
advocacy and empowerment to the families and individuals affected
by Sickle Cell Disease, thus enhancing their quality of life; and
WHEREAS, Gloria Rochester realized that because
of psychosocial and medical needs, and the economic impact that is
brought on by this chronic condition, families tended to become
overwhelmed, and did not know where to access services for their
family members; and
WHEREAS, In 1989, The Queens Sickle Cell
Advocacy Network, Inc. was incorporated as a not-for-profit
organization with the express purpose of raising the awareness of the
public at large, and, more importantly, the legislators in the
community, of the devastating impact of the disease; as the number of
people needing her support grew, Gloria Rochester chose to apply
herself full time to broadening her mind and obtaining as much
knowledge, skills and resources from other agencies and organizations
with a similar social welfare orientation; and
WHEREAS, Over the past 20 years, Gloria Rochester
equipped herself with the necessary training and leadership skills to
provide families and individuals with networking support and
activities enabling them to make positive changes when feeling
overwhelmed by the barriers and painful experiences they face; and
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WHEREAS, In order to prepare herself for the
challenges of her chosen mission, and to properly structure the Queens
Sickle Cell Advocacy Network, Inc., Gloria Rochester became
involved in the activities of the New York State Developmental
Disabilities Planning Council, and the New York State Department of
Health Bureau of Child Adolescent Health; and
WHEREAS, The Queens Sickle Cell Advocacy
Network, Inc. was named the official New York chapter of the Sickle
Cell Association of America; Gloria Rochester has earned numerous
awards and accolades from several organizations, the highest of which
she considers is the Association of Black Educators of New York
City's 2nd Annual Women's History Month Recognition and
Appreciation Award; and
WHEREAS, Despite all of her achievements, caring
for her family, building a functioning organization and becoming a
surrogate parent to so many individuals, Mrs. Rochester has remained
approachable, business-like, humble and persistent in her advocacy
role; she is a true asset to society; and
WHEREAS, It is the sense of this legislative Body
that when individuals of such noble aims and accomplishments are
brought to our attention, they should be celebrated and recognized by
all the citizens of the great State of New York; now, therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations to honor Gloria Rochester, Founder, President and CEO
of the Queens Sickle Cell Advocacy Network, Inc., for her
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extraordinary contributions to Sickle Cell Awareness and the
community; and be it further
RESOLVED, That a copy of this Resolution, suitably
engrossed, be transmitted to Gloria M. Rochester, Founder, President
and CEO of the Queens Sickle Cell Advocacy Network, Inc.
SPEAKER SILVER: On the resolution, all those in
favor signify by saying aye; opposed, no. The resolution is adopted.
Privileged resolution by Ms. Calhoun, the Clerk will
read.
THE CLERK: Resolution No. 1630.
Legislative Resolution commemorating the 63rd
Annual Cornwall Independence Day Parade on July 4, 2012 and
honoring Harry Houlis upon his designation as Grand Marshal of the
Parade.
WHEREAS, Our proud tradition of celebrating the
birth of our Nation on July 4, 1776 is not only a tribute to our rich
history, but a reflection of our living commitment to the exercise of
freedom, a legacy which rings through the ages and touches every
citizen throughout the land of liberty; and
WHEREAS, It is the sense of this legislative Body to
recognize and commend events which symbolize the historical, social
and cultural development of this great State and embody the spirit of
the principles upon which this nation was founded; and
WHEREAS, This legislative Body is justly proud to
commemorate the 63rd Annual Cornwall Independence Day Parade
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on Wednesday, July 4, 2012 and to honor Harry Houlis upon his
designation as Grand Marshal of the Parade; and
WHEREAS, Harry Houlis started with the Cornwall
Independence Day Committee in 1984; during his tenure with the
committee he has served in many important roles including committee
chairman; today, he is responsible for the fireworks display and its
accompanying music; and
WHEREAS, A proud veteran, Harry Houlis served
his country for nearly 30 years in the United States military; and
WHEREAS, For over six decades, the citizens of
Cornwall, New York, have gathered together to celebrate the birth of
our Nation on July 4th; what began as a small patriotic celebration at
Donahue's Farm, sponsored by the Donahue and Dorfman families,
has, over the years, evolved into an event which involves the entire
community; and
WHEREAS, The treasured values of family unity and
wholesome entertainment for all ages that are reflected in the events
scheduled to celebrate such an auspicious occasion help to foster
community spirit and cooperation and preserve the beliefs, ideals and
values for which our forefathers declared the independence of these
United States; now, therefore, be it
RESOLVED, That this legislative Body pause in its
deliberations to most joyously commemorate the 63rd Annual
Cornwall Independence Day Parade on July 4, 2012 and to honor
Harry Houlis upon his designation as Grand Marshal of the Parade;
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and be it further
RESOLVED, That copies of this Resolution, suitably
engrossed, be transmitted to the Cornwall Independence Day
Committee, and Grand Marshal Harry Houlis.
SPEAKER SILVER: On the resolution, all those in
favor signify by saying aye; opposed, no. The resolution is adopted.
And now, Mr. Canestrari, we're going to officially
take you off probation for your final act.
MR. CANESTRARI: Thank you. With those very
generous comments, I now move the Assembly stand adjourned until
tomorrow, Friday, June 22nd, tomorrow being a Legislative day, and
that we reconvene at the call of Assembly Speaker Sheldon Silver.
SPEAKER SILVER: On a motion by Mr. Canestrari,
the House stands adjourned until tomorrow, being a legislative day,
and we'll reconvene at the call of the Speaker. Thank you.
(Whereupon, at 8:26 p.m., the House stood adjourned
until Friday, June 22nd, Friday being a Legislative day; to reconvene
at the call of the Speaker.)

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