Regular Session - June 17, 2013

                                                                   3531

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 17, 2013

11                     2:59 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID J. VALESKY, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               3532

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

 2                ACTING PRESIDENT VALESKY:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT VALESKY:   With us 

10   this afternoon to offer an invocation is Pastor 

11   Paul Glover, of Flatlands Reformed Church in 

12   Brooklyn.  

13                PASTOR GLOVER:   Will you bow your 

14   head and let us pray.  

15                Gracious, loving, eternal and 

16   Almighty Father, we come before Your most holy 

17   and righteous presence.  We come giving You 

18   thanks for this day and the gift of life that 

19   You have extended to each of us in this day.

20                We thank You for the call to public 

21   service and the opportunity to live out that 

22   call.  

23                Father, as the members of this body 

24   prepare to begin this day's proceedings, I 

25   petition You on their behalf to oversee all 


                                                               3533

 1   activities and proceedings, to pour out Your 

 2   spirit of wisdom, peace and love so that it 

 3   fills this chamber and guides every discussion 

 4   and every debate.  May all that is said and done 

 5   in this chamber bring honor and glory to You 

 6   this day.  

 7                In the name of the one whom I call 

 8   my Lord and Savior Jesus Christ, I pray.  

 9                Amen.

10                ACTING PRESIDENT VALESKY:   The 

11   reading of the Journal.  

12                The Secretary will read.

13                THE SECRETARY:   In Senate, Sunday, 

14   June 16th, the Senate met pursuant to 

15   adjournment.  The Journal of Saturday, 

16   June 15th, was read and approved.  On motion, 

17   Senate adjourned.

18                ACTING PRESIDENT VALESKY:   Without 

19   objection, the Journal stands approved as read.

20                Presentation of petitions.

21                Messages from the Assembly.

22                The Secretary will read.

23                THE SECRETARY:   On page 7, Senator 

24   Addabbo moves to discharge, from the Committee 

25   on Cities, Assembly Bill Number 4835B and 


                                                               3534

 1   substitute it for the identical Senate Bill 

 2   Number 3736B, Third Reading Calendar 199.

 3                On page 8, Senator Flanagan moves 

 4   to discharge, from the Committee on Civil 

 5   Service and Pensions, Assembly Bill Number 481 

 6   and substitute it for the identical Senate Bill 

 7   Number 3788, Third Reading Calendar 221.

 8                On page 9, Senator Larkin moves to 

 9   discharge, from the Committee on Rules, Assembly 

10   Bill Number 4614A and substitute it for the 

11   identical Senate Bill Number 2790A, Third 

12   Reading Calendar 248.

13                On page 14, Senator Golden moves to 

14   discharge, from the Committee on Finance, 

15   Assembly Bill Number 989B and substitute it for 

16   the identical Senate Bill Number 4422B, Third 

17   Reading Calendar 418.

18                On page 17, Senator Skelos moves to 

19   discharge, from the Committee on Local 

20   Government, Assembly Bill Number 4836 and 

21   substitute it for the identical Senate Bill 

22   Number 3716, Third Reading Calendar 487.

23                On page 18, Senator Skelos moves to 

24   discharge, from the Committee on Local 

25   Government, Assembly Bill Number 6725A and 


                                                               3535

 1   substitute it for the identical Senate Bill 

 2   Number 4554A, Third Reading Calendar 496.

 3                On page 21, Senator Ritchie moves to 

 4   discharge, from the Committee on Local 

 5   Government, Assembly Bill Number 1852A and 

 6   substitute it for the identical Senate Bill 

 7   Number 4201, Third Reading Calendar 587.

 8                On page 24, Senator Marcellino moves 

 9   to discharge, from the Committee on 

10   Investigations and Government Operations, 

11   Assembly Bill Number 5172B and substitute it for 

12   the identical Senate Bill Number 5314A, Third 

13   Reading Calendar 671.

14                On page 24, Senator LaValle moves to 

15   discharge, from the Committee on Higher 

16   Education, Assembly Bill Number 7138 and 

17   substitute it for the identical Senate Bill 

18   Number 4964, Third Reading Calendar 673.

19                On page 26, Senator Lanza moves to 

20   discharge, from the Committee on Energy and 

21   Telecommunications, Assembly Bill Number 7049 and 

22   substitute it for the identical Senate Bill 

23   Number 4969, Third Reading Calendar 704.

24                On page 28, Senator Fuschillo moves 

25   to discharge, from the Committee on Rules, 


                                                               3536

 1   Assembly Bill Number 6963B and substitute it for 

 2   the identical Senate Bill Number 4862B, Third 

 3   Reading Calendar 799.

 4                And on page 52, Senator Marcellino 

 5   moves to discharge, from the Committee on 

 6   Finance, Assembly Bill Number 6709 and substitute 

 7   it for the identical Senate Bill Number 4258, 

 8   Third Reading Calendar 1275.

 9                ACTING PRESIDENT VALESKY:    

10   Substitutions ordered.

11                Messages from the Governor.

12                Reports of standing committees.

13                Reports of select committees.

14                Communications and reports from 

15   state officers.

16                Motions and resolutions.

17                Senator Libous.

18                SENATOR LIBOUS:   Mr. President, I 

19   believe you would call on Senator Carlucci and 

20   then Senator Gianaris.  And then if you would be 

21   so kind as to come back to me.

22                ACTING PRESIDENT VALESKY:   Very 

23   good.  

24                Senator Carlucci.

25                SENATOR CARLUCCI:   Mr. President, 


                                                               3537

 1   on page number 14 I offer the following 

 2   amendments to Calendar Number 434, Senate Print 

 3   Number 3280, and ask that said bill retain its 

 4   place on the Third Reading Calendar.

 5                ACTING PRESIDENT VALESKY:   The 

 6   amendments are received.  The bill will retain 

 7   its place on third reading.

 8                Senator Carlucci.

 9                SENATOR CARLUCCI:   Mr. President, 

10   on page number 53 I offer the following 

11   amendments to Calendar Number 1353, Senate Print 

12   Number 5058, and ask that said bill retain its 

13   place on the Third Reading Calendar.

14                ACTING PRESIDENT VALESKY:   The 

15   amendments are received.  The bill will retain 

16   its place on the Third Reading Calendar.

17                Senator Gianaris.

18                SENATOR GIANARIS:   Thank you, 

19   Mr. President.  

20                On behalf of Senator Kennedy, on 

21   page 27 I offer the following amendments to 

22   Calendar Number 780, Senate Print 4187A, and ask 

23   that said bill retain its place on Third Reading 

24   Calendar.

25                ACTING PRESIDENT VALESKY:   The 


                                                               3538

 1   amendments are received.  The bill retains its 

 2   place on third reading.

 3                SENATOR GIANARIS:   And on behalf of 

 4   myself, on page number 40 I offer the following 

 5   amendments to Calendar Number 960, Senate Print 

 6   595, and ask that said bill retain its place on 

 7   Third Reading Calendar.

 8                ACTING PRESIDENT VALESKY:   The 

 9   amendments are received.  The bill remains on 

10   third reading.

11                Senator Libous.

12                SENATOR LIBOUS:   Mr. President, on 

13   behalf of Senator Marchione, on page 21 I offer 

14   the following amendments to Calendar Number 588, 

15   Senate Print 4550A, and ask that said bill retain 

16   its place on Third Reading Calendar.

17                ACTING PRESIDENT VALESKY:   The 

18   amendments are received.  The bill remains on 

19   third reading.

20                SENATOR LIBOUS:   On behalf of 

21   Senator Marchione, on page 52 I offer the 

22   following amendments to Calendar Number 1294, 

23   Senate Print 5454A, and ask that said bill retain 

24   its place on Third Reading Calendar.

25                ACTING PRESIDENT VALESKY:   The 


                                                               3539

 1   amendments are received.  The bill remains on 

 2   third reading.

 3                SENATOR LIBOUS:   On behalf of 

 4   Senator Bonacic, I want to call up his bill, 

 5   Senate Print 1885A, recalled from the Assembly, 

 6   which is now at the desk.

 7                ACTING PRESIDENT VALESKY:   The 

 8   Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   805, by Senator Bonacic, Senate Print 1885A, an 

11   act to amend the Town Law.

12                SENATOR LIBOUS:   I now move to 

13   reconsider the vote by which this bill was 

14   passed.

15                ACTING PRESIDENT VALESKY:   Call the 

16   roll on reconsideration.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 53.

19                SENATOR LIBOUS:   Mr. President, I 

20   offer up the following amendments.

21                ACTING PRESIDENT VALESKY:   The 

22   amendments are received.

23                SENATOR LIBOUS:   On behalf of 

24   Senator Seward, I wish to call up his bill, 

25   Senate Print 2894, recalled from the Assembly, 


                                                               3540

 1   which is now at the desk.

 2                ACTING PRESIDENT VALESKY:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   355, by Senator Seward, Senate Print 2894, an act 

 6   to amend the Insurance Law.

 7                SENATOR LIBOUS:   Mr. President, I 

 8   now move to reconsider the vote by which this 

 9   bill was passed.

10                ACTING PRESIDENT VALESKY:   Call the 

11   roll on reconsideration.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 53.

14                SENATOR LIBOUS:   Mr. President, I 

15   offer up the following amendments.  

16                ACTING PRESIDENT VALESKY:   The 

17   amendments are received.

18                SENATOR LIBOUS:   Mr. President, on 

19   behalf of Senator Gallivan, I wish to call up his 

20   bill, Print Number 3757, recalled from the 

21   Assembly, which is now at the desk.

22                ACTING PRESIDENT VALESKY:   The 

23   Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   182, by Senator Gallivan, Senate Print 3757, an 


                                                               3541

 1   act to amend Chapter 326 of the Laws of 2011.

 2                SENATOR LIBOUS:   Mr. President, I 

 3   now move to reconsider the vote by which this 

 4   bill was passed.

 5                ACTING PRESIDENT VALESKY:   Call the 

 6   roll on reconsideration.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 53.

 9                SENATOR LIBOUS:   Mr. President, I 

10   offer up the following amendments.

11                ACTING PRESIDENT VALESKY:   The 

12   amendments are received.

13                SENATOR LIBOUS:   On behalf of 

14   Senator Seward, Mr. President, I wish to call up 

15   his bill, Print Number 3765, recalled from the 

16   Assembly, which is now at the desk.

17                ACTING PRESIDENT VALESKY:   The 

18   Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   509, by Senator Seward, Senate Print 3765, an act 

21   to amend the Highway Law.

22                SENATOR LIBOUS:   I move to 

23   reconsider the vote by which this bill was 

24   passed.

25                ACTING PRESIDENT VALESKY:   Call the 


                                                               3542

 1   roll on reconsideration.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 53.

 4                SENATOR LIBOUS:   Mr. President, I 

 5   offer up the following amendments.

 6                ACTING PRESIDENT VALESKY:   The 

 7   amendments are received.

 8                SENATOR LIBOUS:   On behalf of 

 9   Senator Bonacic, Mr. President, I wish to call up 

10   his bill, Senate Print 4042, recalled from the 

11   Assembly, which is now at the desk.

12                ACTING PRESIDENT VALESKY:   The 

13   Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   637, by Senator Bonacic, Senate Print 4042, an 

16   act to amend the Civil Practice Law and Rules.

17                SENATOR LIBOUS:   Mr. President, I 

18   move to reconsider the vote by which this bill 

19   was passed.

20                ACTING PRESIDENT VALESKY:   Call the 

21   roll on reconsideration.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 53.

24                SENATOR LIBOUS:   Mr. President, I 

25   offer up the following amendments.


                                                               3543

 1                ACTING PRESIDENT VALESKY:   The 

 2   amendments are received.

 3                SENATOR LIBOUS:   On behalf of 

 4   Senator Nozzolio, Mr. President, I wish to call 

 5   up his bill, Senate Print 4928, recalled from the 

 6   Assembly, which is now at the desk.

 7                ACTING PRESIDENT VALESKY:   The 

 8   Secretary will read.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Calendar Number 

11   783, by Senator Nozzolio, Senate Print 4928, an 

12   act to amend the Criminal Procedure Law.

13                SENATOR LIBOUS:   Mr. President, I 

14   move to reconsider the vote by which this bill 

15   was passed.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll on reconsideration.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 53.

20                SENATOR LIBOUS:   Mr. President, I 

21   offer up the following amendments.

22                ACTING PRESIDENT VALESKY:   The 

23   amendments are received.

24                SENATOR LIBOUS:   Mr. President, on 

25   behalf of Senator Ball, I move that the following 


                                                               3544

 1   bills be discharged from their respective 

 2   committees and be recommitted with instructions 

 3   to strike the enacting clause:  Senate Print 

 4   2585A, 2666, 2668, 2791, 3875, and 4213.

 5                ACTING PRESIDENT VALESKY:   So 

 6   ordered.

 7                SENATOR LIBOUS:   On behalf of 

 8   Senator Martins, Mr. President, I move to amend 

 9   Senate Bill Number 3131B by striking out the 

10   amendments made on 6/14/2013 and restoring it to 

11   its previous print number, 3131A.

12                ACTING PRESIDENT VALESKY:   So 

13   ordered.

14                SENATOR LIBOUS:   Mr. President.

15                ACTING PRESIDENT VALESKY:   Senator 

16   Libous.

17                SENATOR LIBOUS:   Thank you.

18                I'd like to offer up the following 

19   amendments to the bills that are on the Third 

20   Reading Calendar.

21                On behalf of Senator Griffo, page 5, 

22   Calendar Number 103, Senate Print 3374.

23                On behalf of Senator Martins, 

24   page 27, Calendar Number 759, Senate Print 

25   Number 5024B.


                                                               3545

 1                On behalf of Senator Grisanti, 

 2   page 51, Calendar Number 1251, Senate Print 

 3   3537C.  

 4                On behalf of Senator Marchione, 

 5   page 52, Calendar Number 1294, Senate Print 

 6   5454A.

 7                On behalf of Senator Griffo, 

 8   page 53, Calendar Number 1313, Senate Print 

 9   1961A.

10                On behalf of Senator Zeldin, page 9, 

11   Calendar Number 236, Senate Print 3816A.

12                On behalf of Senator Gallivan, 

13   page 23, Calendar Number 665, Senate Print 352.  

14                On behalf of Senator Hannon, 

15   page 49, Calendar Number 1165, Senate Print 

16   3944A.  

17                And on behalf of Senator Young, 

18   page 49, Calendar Number 1152, Senate Print 

19   Number 3079.

20                Mr. President, I now move that these 

21   bills retain their place on the Third Reading 

22   Calendar.

23                ACTING PRESIDENT VALESKY:   All 

24   amendments are received.  All bills shall retain 

25   their place on the Third Reading Calendar.


                                                               3546

 1                SENATOR LIBOUS:   I don't know about 

 2   you, Mr. President, but I'm exhausted.

 3                (Laughter.)

 4                SENATOR LIBOUS:   Mr. President, at 

 5   this time I would call an immediate meeting of 

 6   the Crime and Correction Committee in Room 332.  

 7   Immediately.

 8                ACTING PRESIDENT VALESKY:   An 

 9   immediate meeting of the Crime Victims, Crime and 

10   Correction Committee in Room 332.

11                SENATOR LIBOUS:   And, 

12   Mr. President, that meeting will be --

13                ACTING PRESIDENT VALESKY:   Can we 

14   have a little order, please.

15                SENATOR LIBOUS:   Thank you.  

16                That meeting will be immediately 

17   followed by a Finance Committee meeting.

18                ACTING PRESIDENT VALESKY:   Finance 

19   Committee in Room 332 immediately following the 

20   Crime Victims, Crime and Correction Committee 

21   meeting.

22                SENATOR LIBOUS:   Mr. President, 

23   while we're waiting to make a decision, if we can 

24   go back to motions, I have another motion.

25                ACTING PRESIDENT VALESKY:   Motions 


                                                               3547

 1   and resolutions.

 2                SENATOR LIBOUS:   On behalf of 

 3   Senator Golden, on page 49 I offer the following 

 4   amendments to Calendar Number 1148, Senate Print 

 5   3536B, and ask that said bill retain its place on 

 6   the Third Reading Calendar.

 7                ACTING PRESIDENT VALESKY:   The 

 8   amendments are received.  The bill retains its 

 9   place on the Third Reading Calendar.

10                SENATOR LIBOUS:   Mr. President, if 

11   we could just pause for a moment.

12                Mr. President.

13                ACTING PRESIDENT VALESKY:   Senator 

14   Libous.

15                SENATOR LIBOUS:   The pause is 

16   over.  

17                And at this time could we take up 

18   the reading of the noncontroversial calendar for 

19   Monday, June 17th.

20                ACTING PRESIDENT VALESKY:   The 

21   Secretary will read the noncontroversial 

22   calendar.

23                THE SECRETARY:   Calendar Number 47, 

24   by Senator Nozzolio, Senate Print 1895A, an act 

25   in relation.


                                                               3548

 1                ACTING PRESIDENT VALESKY:   There is 

 2   a home-rule message at the desk.

 3                Read the last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT VALESKY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 55.  Nays, 

10   1.  Senator Ball recorded in the negative.

11                ACTING PRESIDENT VALESKY:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 72, 

14   by Senator Boyle, Senate Print 2121A, an act to 

15   enact.

16                ACTING PRESIDENT VALESKY:   Read the 

17   last section.

18                THE SECRETARY:   Section 13.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT VALESKY:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 56.

24                ACTING PRESIDENT VALESKY:   The bill 

25   is passed.


                                                               3549

 1                THE SECRETARY:   Calendar Number 

 2   146, by Senator Seward, Senate Print 3084B --

 3                SENATOR LIBOUS:   Lay it aside for 

 4   the day, please.

 5                ACTING PRESIDENT VALESKY:   The bill 

 6   is laid aside for the day.

 7                THE SECRETARY:   Calendar Number 

 8   198, by Senator Lanza, Senate Print 3702B, an act 

 9   to amend the Real Property Tax Law.

10                ACTING PRESIDENT VALESKY:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT VALESKY:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 56.

18                ACTING PRESIDENT VALESKY:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   199, substituted earlier by Member of the 

22   Assembly Goldfeder, Assembly Print Number 4835B, 

23   an act authorizing.

24                ACTING PRESIDENT VALESKY:   Read the 

25   last section.


                                                               3550

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT VALESKY:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 56.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   220, by Senator Maziarz, Senate Print 3721, an 

11   act in relation.

12                ACTING PRESIDENT VALESKY:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 56.

20                ACTING PRESIDENT VALESKY:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   221, substituted earlier by Member of the 

24   Assembly Magnarelli, Assembly Print Number 481, 

25   an act to amend the Civil Service Law.


                                                               3551

 1                ACTING PRESIDENT VALESKY:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT VALESKY:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 56.

 9                ACTING PRESIDENT VALESKY:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   248, substituted earlier by Member of the 

13   Assembly Skoufis, Assembly Print Number 4614A, an 

14   act to amend the Highway Law.

15                ACTING PRESIDENT VALESKY:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT VALESKY:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 56.

23                ACTING PRESIDENT VALESKY:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3552

 1   266, by Senator Robach, Senate Print 1172, an act 

 2   to amend the Alcoholic Beverage Control Law.

 3                ACTING PRESIDENT VALESKY:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT VALESKY:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 55.  Nays, 

11   1.  Senator Diaz recorded in the negative.

12                ACTING PRESIDENT VALESKY:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   314, by Senator Marcellino --

16                SENATOR LIBOUS:   Lay it aside for 

17   the day.

18                ACTING PRESIDENT VALESKY:   The bill 

19   is laid aside for the day.

20                THE SECRETARY:   Calendar Number 

21   330, by Senator DeFrancisco, Senate Print 3859A, 

22   an act to authorize.

23                ACTING PRESIDENT VALESKY:   Read the 

24   last section.

25                THE SECRETARY:   Section 6.  This 


                                                               3553

 1   act shall take effect immediately.

 2                ACTING PRESIDENT VALESKY:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 55.  Nays, 

 6   1.  Senator Dilan recorded in the negative.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   340, by Senator Young, Senate Print 3923B, an act 

11   to amend the Highway Law.

12                ACTING PRESIDENT VALESKY:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 56.

20                ACTING PRESIDENT VALESKY:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   352, by Senator Zeldin, Senate Print 3931, an act 

24   to amend the Real Property Tax Law.

25                ACTING PRESIDENT VALESKY:   Read the 


                                                               3554

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect on the first of January.

 4                ACTING PRESIDENT VALESKY:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 56.

 8                ACTING PRESIDENT VALESKY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   418, substituted earlier by Member of the 

12   Assembly Rosenthal, Assembly Print Number 989B, 

13   an act to amend the State Technology Law.

14                ACTING PRESIDENT VALESKY:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect January 1, 2014.

18                ACTING PRESIDENT VALESKY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 56.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   440, by Senator Fuschillo, Senate Print 777A, an 


                                                               3555

 1   act to amend the General Business Law.

 2                ACTING PRESIDENT VALESKY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect on the 90th day.

 6                ACTING PRESIDENT VALESKY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 56.

10                ACTING PRESIDENT VALESKY:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   453, by Senator Ball, Senate Print 2560A, an act 

14   to amend the Agriculture and Markets Law.

15                ACTING PRESIDENT VALESKY:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT VALESKY:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 56.

23                ACTING PRESIDENT VALESKY:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3556

 1   477, by Senator Hannon, Senate Print 3926A, an 

 2   act to amend the Public Health Law.

 3                ACTING PRESIDENT VALESKY:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT VALESKY:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 56.

11                ACTING PRESIDENT VALESKY:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   487, substituted earlier by Member of the 

15   Assembly Weisenberg, Assembly Print Number 4836, 

16   an act authorizing.

17                ACTING PRESIDENT VALESKY:   There is 

18   a home-rule message at the desk.

19                Read the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 56.


                                                               3557

 1                ACTING PRESIDENT VALESKY:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   490, by Senator Zeldin, Senate Print 4132B, an 

 5   act authorizing.

 6                ACTING PRESIDENT VALESKY:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT VALESKY:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 55.  Nays, 

14   1.  Senator Bonacic recorded in the negative.

15                ACTING PRESIDENT VALESKY:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   496, substituted earlier by Member of the 

19   Assembly Weisenberg, Assembly Print Number 6725A, 

20   an act to authorize.

21                ACTING PRESIDENT VALESKY:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT VALESKY:   Call the 


                                                               3558

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 56.

 4                ACTING PRESIDENT VALESKY:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   510, by Senator Ranzenhofer, Senate Print 3795A, 

 8   an act to amend the Highway Law.

 9                ACTING PRESIDENT VALESKY:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT VALESKY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 56.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   511, by Senator Libous, Senate Print 4360B, an 

21   act to amend the Highway Law.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               3559

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 56.

 5                ACTING PRESIDENT VALESKY:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   526, by Senator Nozzolio, Senate Print 3869, an 

 9   act establishing.

10                ACTING PRESIDENT VALESKY:   Read the 

11   last section.

12                THE SECRETARY:   Section 4.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT VALESKY:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 56.

18                ACTING PRESIDENT VALESKY:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   528, by Senator Grisanti, Senate Print 904, an 

22   act to authorize.

23                SENATOR LIBOUS:   Lay it aside for 

24   the day.

25                ACTING PRESIDENT VALESKY:   The bill 


                                                               3560

 1   is laid aside for the day.

 2                THE SECRETARY:   Calendar Number 

 3   531, by Senator Stewart-Cousins, Senate Print 

 4   3924A, an act authorizing.

 5                ACTING PRESIDENT VALESKY:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT VALESKY:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 56.

13                ACTING PRESIDENT VALESKY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   543, by Senator Young, Senate Print 4399A, an act 

17   to amend the Public Authorities Law.

18                ACTING PRESIDENT VALESKY:   Read the 

19   last section.

20                THE SECRETARY:   Section 6.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 55.  Nays, 


                                                               3561

 1   1.  Senator Ball recorded in the negative.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   587, substituted earlier by Member of the 

 6   Assembly Magnarelli, Assembly Print Number 1852A, 

 7   an act to authorize.

 8                ACTING PRESIDENT VALESKY:   There is 

 9   a home-rule message at the desk.

10                Read the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT VALESKY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 56.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   594, by Senator Martins, Senate Print 4867, an 

21   act relating.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3562

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 55.  Nays, 

 5   1.  Senator Bonacic recorded in the negative.

 6                ACTING PRESIDENT VALESKY:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   639, by Senator Savino, Senate Print 4663A, an 

10   act to amend the Social Services Law.

11                ACTING PRESIDENT VALESKY:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT VALESKY:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 56.

19                ACTING PRESIDENT VALESKY:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   671, by Member of the Assembly Englebright, 

23   Assembly Print Number 5172B, an act to amend the 

24   Public Lands Law.

25                ACTING PRESIDENT VALESKY:   Read the 


                                                               3563

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT VALESKY:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 56.

 8                ACTING PRESIDENT VALESKY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   673, substituted earlier by Member of the 

12   Assembly Glick, Assembly Print Number 7138, an 

13   act to amend the Education Law.

14                ACTING PRESIDENT VALESKY:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT VALESKY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 56.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   704, substituted earlier by Member of the 


                                                               3564

 1   Assembly Crespo, Assembly Print 7049, an act to 

 2   amend Section 1 of Part T of Chapter 58 of the 

 3   Laws of 2013.

 4                ACTING PRESIDENT VALESKY:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT VALESKY:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 56.

12                ACTING PRESIDENT VALESKY:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   795, by Senator Marcellino, Senate Print 3612A, 

16   an act to amend the Tax Law.

17                ACTING PRESIDENT VALESKY:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect January 1, 2015.

21                ACTING PRESIDENT VALESKY:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 56.

25                ACTING PRESIDENT VALESKY:   The bill 


                                                               3565

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   798, by Senator Young, Senate Print 4625A, an act 

 4   to amend Chapter 813 of the Laws of 1990.

 5                ACTING PRESIDENT VALESKY:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT VALESKY:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 56.

13                ACTING PRESIDENT VALESKY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   799, substituted earlier by Member of the 

17   Assembly Morelle, Assembly Print Number 6963B, an 

18   act to amend the Education Law.

19                SENATOR GIANARIS:   Lay it aside.

20                ACTING PRESIDENT VALESKY:   The bill 

21   is laid aside.

22                THE SECRETARY:   Calendar Number 

23   814, by Senator Grisanti, Senate Print 5167A, an 

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

25                ACTING PRESIDENT VALESKY:   Read the 


                                                               3566

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT VALESKY:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 56.

 8                ACTING PRESIDENT VALESKY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   826, by Senator DeFrancisco, Senate Print 2318B, 

12   an act to amend the Vehicle and Traffic Law.

13                ACTING PRESIDENT VALESKY:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT VALESKY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 56.

21                ACTING PRESIDENT VALESKY:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   831, by Senator Hannon, Senate Print 4552B, an 

25   act to amend the Vehicle and Traffic Law.


                                                               3567

 1                ACTING PRESIDENT VALESKY:   There is 

 2   a home-rule message at the desk.

 3                Read the last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT VALESKY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 55.  Nays, 

10   1.  Senator Ball recorded in the negative.

11                ACTING PRESIDENT VALESKY:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   931, by Senator DeFrancisco, Senate Print 3731, 

15   an act to amend the Real Property Tax Law.

16                ACTING PRESIDENT VALESKY:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT VALESKY:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 56.

24                ACTING PRESIDENT VALESKY:   The bill 

25   is passed.


                                                               3568

 1                THE SECRETARY:   Calendar Number 

 2   948, by Senator Gallivan, Senate Print 3042, an 

 3   act to amend the Insurance Law.

 4                ACTING PRESIDENT VALESKY:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT VALESKY:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 54.  Nays, 

12   2.  Senators Ball and Kennedy recorded in the 

13   negative.

14                ACTING PRESIDENT VALESKY:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   964, by Senator Ranzenhofer, Senate Print 2210B, 

18   an act to amend the Education Law.

19                ACTING PRESIDENT VALESKY:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the 120th day.

23                ACTING PRESIDENT VALESKY:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3569

 1                THE SECRETARY:   Ayes, 58.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1035, by Senator Kennedy, Senate Print 5441B, an 

 6   act to amend the Highway Law.

 7                ACTING PRESIDENT VALESKY:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT VALESKY:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT VALESKY:   Senator 

15   Kennedy to explain his vote.

16                SENATOR KENNEDY:   Thank you, 

17   Mr. President.

18                I'm proud to rise in support of this 

19   important legislation to commemorate the life and 

20   sacrifices of the late New York State Trooper 

21   Kevin Patrick Dobson, Sr.  He is remembered as a 

22   loving father and dedicated officer whose 

23   commitment to public safety always remained 

24   unwavering.  

25                Trooper Dobson gave his life in 


                                                               3570

 1   service to the State of New York.  He was struck 

 2   and killed by a vehicle on the I-290, near the 

 3   Colvin Boulevard exit, during a traffic stop in 

 4   March of 2011.  

 5                His life was taken in the line of 

 6   duty while he was working to keep our roads 

 7   safe.  Now it's up to us to ensure the memory of 

 8   Trooper Dobson, and the sacrifices he made, live 

 9   on for generations to come.

10                This legislation will designate the 

11   Interstate 290 bridge that crosses State Route 

12   425 as the New York State Trooper Kevin P. Dobson 

13   Sr. Memorial Bridge.  It will serve as a reminder 

14   for all Western New Yorkers that our highways 

15   were made safe by Trooper Dobson and his brothers 

16   and sisters in uniform.

17                It will memorialize the life of 

18   Trooper Dobson and help demonstrate our steadfast 

19   gratitude for the selfless actions of the 

20   hardworking men and women who serve in the 

21   State Police force and local police agencies.

22                In the days and months since his 

23   life was tragically taken in the line of duty, 

24   our community has sought ways to commemorate 

25   Trooper Dobson's service and sacrifice.  The 


                                                               3571

 1   Trooper Kevin Dobson Memorial Bridge will 

 2   complement the State Police efforts to 

 3   commemorate his life with a new monument at the 

 4   Clarence Barracks, where he nobly served.  

 5                Trooper Kevin Dobson was forever 

 6   committed to his duty to protect and serve our 

 7   community.  He went above and beyond, always 

 8   working hard to keep our roads and neighborhoods 

 9   safe.

10                Today our thoughts and prayers go 

11   out to Trooper Dobson's family and friends, and 

12   we thank all those who have dedicated their lives 

13   to law enforcement.  Trooper Dobson made the 

14   ultimate sacrifice, and the memory of that 

15   sacrifice and his over 13 years of service to 

16   this state will live on for years to come, as 

17   motorists every day cross the soon-to-be-named 

18   Trooper Kevin P. Dobson Sr. Memorial Bridge.  

19                I had the opportunity to speak to 

20   Dick Dobson, the father of Trooper Dobson, a few 

21   weeks back when we introduced this legislation, 

22   and again today when I saw it was coming to the 

23   floor for this vote.  The level of gratitude and 

24   appreciation felt by his family for this gesture 

25   is immeasurable, and I was asked to pass on this 


                                                               3572

 1   sentiment to this honorable body.

 2                Trooper Dobson left behind children 

 3   Kevin Patrick Jr., Jamie Kathleen, and Brooke 

 4   Lauren Dobson, as well as stepson Andrew Hastings 

 5   and life partner Bridgett Hastings.

 6                 I want to thank my colleagues for 

 7   supporting this legislation, and I want to 

 8   specifically thank the Western New York 

 9   delegation as well as the chair of the 

10   Transportation Committee, Senator Fuschillo, for 

11   helping to bring this to a floor vote.  

12                This was a collective Western 

13   New York effort to move this bill through the 

14   Senate, and I'm hopeful the Assembly will move 

15   quickly to pass this legislation and to move it 

16   to the Governor's desk for his signature.  

17                I vote aye.  Thank you, 

18   Mr. President.

19                ACTING PRESIDENT VALESKY:   Senator 

20   Kennedy in the affirmative.

21                Announce the results.

22                THE SECRETARY:   Ayes, 58.

23                ACTING PRESIDENT VALESKY:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3573

 1   1061, by Senator Maziarz, Senate Print 5026, an 

 2   act to amend the General Municipal Law.

 3                ACTING PRESIDENT VALESKY:   There is 

 4   a home-rule message at the desk.

 5                Read the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT VALESKY:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 58.

12                ACTING PRESIDENT VALESKY:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1068, by Senator Zeldin, Senate Print 5259A, an 

16   act to authorize.

17                ACTING PRESIDENT VALESKY:   There is 

18   a home-rule message at the desk.

19                Read the last section.

20                THE SECRETARY:   Section 5.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 58.


                                                               3574

 1                ACTING PRESIDENT VALESKY:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1102, by Senator Boyle, Senate Print 5599B, an 

 5   act to amend the Highway Law.

 6                ACTING PRESIDENT VALESKY:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT VALESKY:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 58.

14                ACTING PRESIDENT VALESKY:   The bill 

15   is passed.

16               Calendar Number 1148 was amended 

17  earlier today so that it is not live.  The 

18  Secretary will continue with Calendar Number 1173.

19                THE SECRETARY:   Calendar Number 

20   1173, by Senator Hannon, Senate Print 5628A, an 

21   act to amend the Social Services Law.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               3575

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 57.  Nays, 

 5   1.  Senator Avella recorded in the negative.

 6                ACTING PRESIDENT VALESKY:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1203, by Senator Bonacic, Senate Print 4763, an 

10   act to amend the Civil Practice Law and Rules.

11                SENATOR LIBOUS:   Lay it aside for 

12   the day.

13                ACTING PRESIDENT VALESKY:   The bill 

14   is laid aside for the day.

15                THE SECRETARY:   Calendar Number 

16   1222, by Senator Montgomery, Senate Print 1410A, 

17   an act to amend the Executive Law.

18                ACTING PRESIDENT VALESKY:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 58.


                                                               3576

 1                ACTING PRESIDENT VALESKY:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1234, by Senator Griffo, Senate Print 2090, an 

 5   act to amend the Tax Law.

 6                ACTING PRESIDENT VALESKY:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT VALESKY:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 58.

14                ACTING PRESIDENT VALESKY:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1275, substituted earlier by Member of the 

18   Assembly Fahy, Assembly Print Number 6709, an act 

19   to amend Chapter 303 of the Laws of 1988.

20                ACTING PRESIDENT VALESKY:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT VALESKY:   Call the 

25   roll.


                                                               3577

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 57.  Nays, 

 3   1.  Senator Ball recorded in the negative.

 4                ACTING PRESIDENT VALESKY:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1290, by Senator Flanagan, Senate Print 5253A, an 

 8   act to amend the Education Law.

 9                ACTING PRESIDENT VALESKY:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT VALESKY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   In relation to 

17   Calendar Number 1290, those recorded in the 

18   negative are Senators Avella, Hoylman, Krueger, 

19   Perkins and Squadron.

20                Ayes, 53.  Nays, 5.

21                ACTING PRESIDENT VALESKY:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1306, by Senator Ranzenhofer, Senate Print 1435, 

25   an act to amend the Real Property Tax Law.


                                                               3578

 1                ACTING PRESIDENT VALESKY:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT VALESKY:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 58.

 9                ACTING PRESIDENT VALESKY:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1330, by Senator Young, Senate Print 3778, an act 

13   to amend the Education Law.

14                ACTING PRESIDENT VALESKY:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT VALESKY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 57.  Nays, 

22   1.  Senator Avella recorded in the negative.

23                ACTING PRESIDENT VALESKY:   The bill 

24   is passed.

25                Senator Libous, that completes the 


                                                               3579

 1   noncontroversial reading of the calendar.

 2                SENATOR LIBOUS:   Mr. President.

 3                ACTING PRESIDENT VALESKY:   Senator 

 4   Libous.

 5                SENATOR LIBOUS:   We're going to 

 6   stand at ease pending the report of the Finance 

 7   Committee.  

 8                We have, I believe, two nominations 

 9   coming in, and I would guess that they would be 

10   here -- in normal time, I would say 10 minutes, 

11   but in Senate time, maybe 20.

12                ACTING PRESIDENT VALESKY:   The 

13   Senate will stand at ease pending the return of 

14   the Finance Committee.

15                (Whereupon, the Senate stood at ease 

16   at 3:32 p.m.)

17                (Whereupon, the Senate reconvened at 

18   4:26 p.m.)

19                SENATOR LIBOUS:   Mr. President.

20                ACTING PRESIDENT VALESKY:   Senator 

21   Libous.

22                SENATOR LIBOUS:   There will be an 

23   immediate meeting of the Rules Committee in 

24   Room 332.  

25                And members that are here on the 


                                                               3580

 1   Rules Committee, if you would join me 

 2   immediately.  And if members are within my voice 

 3   and are somewhere where they can hear this, 

 4   Room 332 immediately, for the Rules Committee.  

 5   The sooner we get there, the sooner we get back 

 6   here.

 7                ACTING PRESIDENT VALESKY:    

 8   Immediate meeting of the Rules Committee in 

 9   Room 332.

10                The Senate will stand at ease.

11                (Whereupon, the Senate stood at ease 

12   at 4:27 p.m.)

13                (Whereupon, the Senate reconvened at 

14   4:56 p.m.)

15                SENATOR LIBOUS:   Mr. President. 

16                ACTING PRESIDENT VALESKY:   Senator 

17   Libous.

18                SENATOR LIBOUS:   Thank you, 

19   Mr. President.  

20                If we can go back to reports of 

21   standing committees, I believe there's a report 

22   of the Rules Committee at the desk.

23                ACTING PRESIDENT VALESKY:   There is 

24   a report of the Rules Committee at the desk.  

25                The Secretary will read.


                                                               3581

 1                THE SECRETARY:   Senator Skelos, 

 2   from the Committee on Rules, reports the 

 3   following bills:  

 4                Senate Print 1484B, by Senator 

 5   Marcellino, an act to amend the Agriculture and 

 6   Markets Law; 

 7                Senate 2305A, by Senator Ball, an 

 8   act to amend the Agriculture and Markets Law;

 9                Senate 2338A, by Senator Klein, an 

10   act to amend Chapter 42 of the Laws of 1996; 

11                Senate 2382, by Senator Maziarz, an 

12   act to amend the Public Service Law; 

13                Senate 2648, by Senator Ball, an act 

14   to amend the Tax Law; 

15                Senate 2814, by Senator Adams, an 

16   act to amend Chapter 15 of the Laws of 1998; 

17                Senate 3667A, by Senator Savino, an 

18   act to amend the General Business Law; 

19                Senate 3850, by Senator Savino, an 

20   act to amend the Tax Law; 

21                Senate 3876, by Senator Ball, an act 

22   to amend the Executive Law; 

23                Senate 4598, by Senator LaValle, an 

24   act to amend the Financial Services Law;

25                Senate 4666, by Senator Golden, an 


                                                               3582

 1   act to amend the Executive Law; 

 2                Senate 4718A, by Senator Nozzolio, 

 3   an act to amend the Penal Law; 

 4                Senate 4719, by Senator Lanza, an 

 5   act to amend the Executive Law;

 6                Senate 4725, by the Committee on 

 7   Rules, an act to authorize; 

 8                Senate 4726, by the Committee on 

 9   Rules, an act authorizing; 

10                Senate 4729, by the Committee on 

11   Rules, an act to amend the Local Finance Law; 

12                Senate 4778B, by Senator Golden, an 

13   act to amend the Executive Law;

14                Senate 4810, by Senator Martins, an 

15   act to amend the Real Property Tax Law; 

16                Senate 4828A, by Senator LaValle, an 

17   act to amend the Education Law; 

18                Senate 5087, by Senator Carlucci, an 

19   act to authorize; 

20                Senate 5283A, by Senator LaValle, an 

21   act to amend the Education Law; 

22                Senate 5323A, by Senator Maziarz, an 

23   act to amend the Tax Law; 

24                Senate 5542, by Senator Griffo, an 

25   act to amend the Executive Law; 


                                                               3583

 1                Senate 5560A, by the Committee on 

 2   Rules, an act creating; 

 3                Senate 5589A, by Senator Carlucci, 

 4   an act in relation to authorizing; 

 5                Senate 5590, by Senator Carlucci, an 

 6   act in relation to authorizing; 

 7                Senate 5608, by Senator Gallivan, an 

 8   act to amend the Retirement and Social Security 

 9   Law; 

10                Senate 5639, by Senator Zeldin, an 

11   act authorizing; 

12                Senate 5641, by Senator Farley, an 

13   act in relation; 

14                Senate 5658, by Senator Carlucci, an 

15   act to authorize; 

16                Senate 5678, by Senator Farley, an 

17   act to amend the Religious Corporations Law; 

18                Senate 5717A, by Senator 

19   DeFrancisco, an act in relation to authorizing; 

20                Senate 5730, by Senator Felder, an 

21   act to amend the Vehicle and Traffic Law; 

22                Senate 5733, by Senator Little, an 

23   act to amend the Environmental Conservation Law; 

24                Senate 5738A, by Senator Zeldin, an 

25   act to amend the Environmental Conservation Law; 


                                                               3584

 1                Senate 5776, by Senator Martins, an 

 2   act to amend the General Municipal Law; 

 3                Senate 5787, by Senator Ball, an act 

 4   to amend the Civil Service Law; 

 5                Senate 5790, by Senator Sanders, an 

 6   act to amend the Executive Law; 

 7                Senate 5796, by Senator Golden, an 

 8   act to authorize; 

 9                And Senate 5798, by Senator Golden, 

10   an act directing the superintendent.

11                All bills ordered direct to third 

12   reading.

13                ACTING PRESIDENT VALESKY:   Senator 

14   Libous.

15                SENATOR LIBOUS:   Mr. President, at 

16   this time could we accept the report of the Rules 

17   Committee.

18                ACTING PRESIDENT VALESKY:   All 

19   those in favor of accepting the report of the 

20   Rules Committee signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT VALESKY:   Opposed, 

23   nay.

24                (No response.)

25                ACTING PRESIDENT VALESKY:   The 


                                                               3585

 1   Rules Committee report is accepted.

 2                Senator Libous.

 3                SENATOR LIBOUS:   Could we go to 

 4   motions, Mr. President.

 5                ACTING PRESIDENT VALESKY:   Motions 

 6   and resolutions.

 7                SENATOR LIBOUS:   I have two, 

 8   Mr. President.  

 9                On behalf of Senator Zeldin, on page 

10   number blank, I offer the following amendments to 

11   Calendar Number 1408, Senate Print 5738A, and ask 

12   that said bill retain its place on the Third 

13   Reading Calendar.

14                ACTING PRESIDENT VALESKY:   The 

15   amendments are received.  The bill will retain 

16   its place on third reading.

17                SENATOR LIBOUS:   You think the desk 

18   will be able to find page number blank?

19                (Laughter.)

20                ACTING PRESIDENT VALESKY:   I'm sure 

21   the desk will locate it, Senator.  

22                SENATOR LIBOUS:   Thank you.  

23                On behalf of Senator Golden, I wish 

24   to call up his bill, Senate Print 4088B, recalled 

25   from the Assembly, which is now at the desk.


                                                               3586

 1                ACTING PRESIDENT VALESKY:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Calendar Number 

 4   371, by Senator Golden, Senate Print 4088B, an 

 5   act to amend the Election Law.

 6                SENATOR LIBOUS:   Mr. President, I 

 7   move to reconsider the vote by which this bill 

 8   was passed.

 9                ACTING PRESIDENT VALESKY:   Call the 

10   roll on reconsideration.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 62.

13                SENATOR LIBOUS:   Mr. President, I 

14   hand up the following amendments.

15                ACTING PRESIDENT VALESKY:   The 

16   amendments are received.

17                SENATOR LIBOUS:   Thank you, 

18   Mr. President.

19                Mr. President, at this time 

20   everybody has been passed out Supplemental 

21   Calendar Number 53A.  I would like to do a 

22   noncontroversial reading of that calendar at this 

23   time.

24                ACTING PRESIDENT VALESKY:   The 

25   Secretary will proceed with the noncontroversial 


                                                               3587

 1   reading of Senate Supplemental Calendar 53A.

 2                THE SECRETARY:   Calendar Number 

 3   1374, by Senator Marcellino, Senate Print 1484B, 

 4   an act to amend the Agriculture and Markets Law.

 5                ACTING PRESIDENT VALESKY:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the first of November.

 9                ACTING PRESIDENT VALESKY:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT VALESKY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1375, by Senator Ball, Senate Print 2305A, an act 

17   to amend the Agriculture and Markets Law.

18                ACTING PRESIDENT VALESKY:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the 30th day.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 61.  Nays, 


                                                               3588

 1   1.  Senator Ranzenhofer recorded in the negative.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is passed.

 4                Calendar Number 1375, announce the 

 5   results.

 6                THE SECRETARY:   In relation to 

 7   Calendar 1375, those recorded in the negative are 

 8   Senators Montgomery and Ranzenhofer.  

 9                Ayes, 60.  Nays, 2.

10                ACTING PRESIDENT VALESKY:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1376, by Senator Klein, Senate Print 2338A, an 

14   act to amend Chapter 42 of the Laws of 1996.

15                ACTING PRESIDENT VALESKY:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT VALESKY:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT VALESKY:   The bill 

24   is passed.

25                THE SECRETARY:   In relation to 


                                                               3589

 1   Calendar 1377, Senator Maziarz moves to 

 2   discharge, from the Committee on Energy and 

 3   Telecommunications, Assembly Bill Number 6366 and 

 4   substitute it for the identical Senate Bill 

 5   Number 2382, Third Reading Calendar 1377.

 6                ACTING PRESIDENT VALESKY:    

 7   Substitution ordered.

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   1377, by Member of the Assembly Paulin, Assembly 

11   Print 6366, an act to amend the Public Service 

12   Law.

13                ACTING PRESIDENT VALESKY:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 120th day.

17                ACTING PRESIDENT VALESKY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 61.  Nays, 

21   1.  Senator Espaillat recorded in the negative.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1378, by Senator Ball, Senate Print 2648, an act 


                                                               3590

 1   to amend the Tax Law.

 2                ACTING PRESIDENT VALESKY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the first of July.

 6                ACTING PRESIDENT VALESKY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT VALESKY:   Announce 

10   the results.

11                THE SECRETARY:   In relation to 

12   Calendar Number 1378, those recorded in the 

13   negative are Senators Avella, Dilan, Espaillat, 

14   Gianaris, Perkins, Rivera, Sanders, Squadron and 

15   Stavisky.  Also Senator Hoylman.

16                Ayes, 52.  Nays, 10.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1379, by Senator Adams, Senate Print 2814, an act 

21   to amend Chapter 15 of the Laws of 1998.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3591

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT VALESKY:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1380, by Senator Savino, Senate Print 3667A, an 

 9   act to amend the General Business Law.

10                ACTING PRESIDENT VALESKY:   Read the 

11   last section.

12                THE SECRETARY:   Section 4.  This 

13   act shall take effect on the 180th day.  

14                ACTING PRESIDENT VALESKY:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 60.  Nays, 

18   2.  Senators Ranzenhofer and Zeldin recorded in 

19   the negative.

20                ACTING PRESIDENT VALESKY:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1381, by Senator Savino, Senate Print 3850, an 

24   act to amend the Tax Law.

25                ACTING PRESIDENT VALESKY:   Read the 


                                                               3592

 1   last section.

 2                THE SECRETARY:   Section 5.  This 

 3   act shall take effect on the 60th day.

 4                ACTING PRESIDENT VALESKY:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT VALESKY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1382, by Senator Ball, Senate Print 3876, an act 

12   to amend the Executive Law.

13                ACTING PRESIDENT VALESKY:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the first of January.

17                ACTING PRESIDENT VALESKY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT VALESKY:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1383, by Senator LaValle, Senate Print 4598, an 

25   act to amend the Financial Services Law.


                                                               3593

 1                ACTING PRESIDENT VALESKY:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 5.  This 

 4   act shall take effect on the 180th day.

 5                ACTING PRESIDENT VALESKY:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 62.

 9                ACTING PRESIDENT VALESKY:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1384, by Senator Golden, Senate Print 4666, an 

13   act to amend the Executive Law.

14                ACTING PRESIDENT VALESKY:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT VALESKY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1385, by Senator Nozzolio, Senate Print 4718A, an 


                                                               3594

 1   act to amend the Penal Law.

 2                ACTING PRESIDENT VALESKY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 6.  This 

 5   act shall take effect on the 60th day.

 6                ACTING PRESIDENT VALESKY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT VALESKY:   Results.

10                THE SECRETARY:   In relation to 

11   Calendar 1385, those recorded in the negative are 

12   Senators Adams, Avella, Ball, Carlucci, Gipson, 

13   Hoylman, Krueger, Martins, Perkins, Rivera, 

14   Serrano and Zeldin.

15                Ayes, 50.  Nays, 12.

16                ACTING PRESIDENT VALESKY:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1386, by Senator Lanza, Senate Print 4719, an act 

20   to amend the Executive Law.

21                ACTING PRESIDENT VALESKY:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT VALESKY:   Call the 


                                                               3595

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 62.

 4                ACTING PRESIDENT VALESKY:   The bill 

 5   is passed.

 6                THE SECRETARY:   In relation to 

 7   Calendar 1387, Senator Skelos moves to discharge, 

 8   from the Committee on Rules, Assembly Bill Number 

 9   5549 and substitute it for the identical Senate 

10   Bill Number 4725, Third Reading Calendar 1387.

11                ACTING PRESIDENT VALESKY:    

12   Substitution ordered.

13                THE SECRETARY:   Calendar Number 

14   1387, by Member of the Assembly Magnarelli, 

15   Assembly Print 5549, an act in relation to 

16   authorizing.

17                ACTING PRESIDENT VALESKY:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT VALESKY:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT VALESKY:   Senator 

25   Squadron to explain his vote.


                                                               3596

 1                SENATOR SQUADRON:   Thank you, 

 2   Mr. President.

 3                I see that Senator Rules is not in 

 4   the chamber at the moment, so I'm not able to 

 5   direct this to the sponsor of the bill.  As my 

 6   colleagues well know, I am opposed to the 

 7   sponsorship of bills by Senator Rules.  I think 

 8   that bills should be sponsored by individuals who 

 9   helped to work on them.  

10                This is a program bill of the State 

11   Comptroller's, and an important one, for Sandy 

12   Storm relief in my district and beyond and many 

13   districts around the state.  So I will not vote 

14   against this bill, nor will I repeat this speech 

15   over the course of the next two bills.  

16                But again, I would urge members of 

17   this house to do away with the poor practice of 

18   having Senator Rules sponsor bills when, for 

19   whatever reason, the leadership or certain 

20   members don't want to sponsor bills themselves.  

21                I'll vote aye, Mr. President.

22                ACTING PRESIDENT VALESKY:   Senator 

23   Squadron to be recorded in the affirmative.

24                Announce the results.

25                THE SECRETARY:   Ayes, 62.


                                                               3597

 1                ACTING PRESIDENT VALESKY:   The bill 

 2   is passed.

 3                THE SECRETARY:   Senator Skelos 

 4   moves to discharge, from the Committee on Rules, 

 5   Assembly Bill Number 5550 and substitute it for 

 6   the identical Senate Bill Number 4726, Third 

 7   Reading Calendar 1388.

 8                ACTING PRESIDENT VALESKY:    

 9   Substitution ordered.

10                THE SECRETARY:   Calendar Number 

11   1388, by Member of the Assembly Magnarelli, 

12   Assembly Print Number 5550, an act authorizing.

13                ACTING PRESIDENT VALESKY:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT VALESKY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT VALESKY:   The bill 

22   is passed.

23                THE SECRETARY:   In relation to 

24   Calendar 1389, Senator Skelos moves to discharge, 

25   from the Committee on Rules, Assembly Bill Number 


                                                               3598

 1   5551 and substitute it for the identical Senate 

 2   Bill Number 4729, Third Reading Calendar 1389.

 3                ACTING PRESIDENT VALESKY:   

 4   Substitution ordered.

 5                THE SECRETARY:   Calendar Number 

 6   1389, by Member of the Assembly Magnarelli, 

 7   Assembly Print 5551, an act to amend the Local 

 8   Finance Law.

 9                ACTING PRESIDENT VALESKY:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT VALESKY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1390, by Senator Golden, Senate Print 4778B, an 

21   act to amend the Executive Law.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 5.  This 

25   act shall take effect immediately.


                                                               3599

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT VALESKY:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1391, by Senator Martins, Senate Print 4810, an 

 9   act to amend the Real Property Tax Law.

10                ACTING PRESIDENT VALESKY:   Read the 

11   last section.

12                THE SECRETARY:   Section 4.  This 

13   act shall take effect on the 120th day.

14                ACTING PRESIDENT VALESKY:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT VALESKY:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1392, by Senator LaValle, Senate Print 4828A, an 

22   act to amend the Education Law.

23                ACTING PRESIDENT VALESKY:   Read the 

24   last section.

25                THE SECRETARY:   Section 9.  This 


                                                               3600

 1   act shall take effect on the 360th day.

 2                ACTING PRESIDENT VALESKY:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT VALESKY:   Announce 

 6   the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 1392, those recorded in the 

 9   negative are Senators Addabbo, Avella, Dilan, 

10   Kennedy, Krueger, Marchione, O'Brien, Rivera, 

11   Sanders, Squadron, Stavisky and Zeldin.  

12                Ayes, 50.  Nays, 12.

13                ACTING PRESIDENT VALESKY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1393, by Senator Carlucci, Senate Print 5087, an 

17   act to authorize.

18                ACTING PRESIDENT VALESKY:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 62.


                                                               3601

 1                ACTING PRESIDENT VALESKY:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1394, by Senator LaValle, Senate Print 5283A, an 

 5   act to amend the Education Law.

 6                ACTING PRESIDENT VALESKY:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect April 1, 2014.

10                ACTING PRESIDENT VALESKY:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 60.  Nays, 

14   2.  Senators Ball and Marchione recorded in the 

15   negative.

16                ACTING PRESIDENT VALESKY:   The bill 

17   is passed.

18                THE SECRETARY:   Senator Maziarz 

19   moves to discharge, from the Committee on 

20   Finance, Assembly Bill Number 7340A and 

21   substitute it for the identical Senate Bill 

22   Number 5323A, Third Reading Calendar 1395.

23                ACTING PRESIDENT VALESKY:    

24   Substitution ordered.

25                THE SECRETARY:   Calendar Number 


                                                               3602

 1   1395, by Member of the Assembly Farrell, Assembly 

 2   Print 7340A, an act to amend the Tax Law.

 3                ACTING PRESIDENT VALESKY:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT VALESKY:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 61.  Nays, 

11   1.  Senator Ball recorded in the negative.

12                ACTING PRESIDENT VALESKY:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1396, by Senator Griffo, Senate Print 5542, an 

16   act to amend the Executive Law.

17                ACTING PRESIDENT VALESKY:   Read the 

18   last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT VALESKY:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 61.  Nays, 

25   1.  Senator Hassell-Thompson recorded in the 


                                                               3603

 1   negative.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1397, by the Committee on Rules, Senate Print 

 6   5560A, an act creating.

 7                ACTING PRESIDENT VALESKY:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 10.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT VALESKY:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 60.  Nays, 

15   2.  Senators Ranzenhofer and Squadron recorded in 

16   the negative.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1398, by Senator Carlucci, Senate Print 5589A, an 

21   act in relation to authorizing.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3604

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.  Nays, 

 5   3.  Senators Bonacic, Larkin and O'Mara recorded 

 6   in the negative.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1399, by Senator Carlucci, Senate Print 5590, an 

11   act in relation to authorizing.

12                ACTING PRESIDENT VALESKY:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 59.  Nays, 

20   3.  Senators Bonacic, Larkin and O'Mara recorded 

21   in the negative.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1400, by Senator Gallivan, Senate Print 5608, an 


                                                               3605

 1   act to amend the Retirement and Social Security 

 2   Law.

 3                SENATOR LIBOUS:   Lay it aside for 

 4   the day, please.

 5                ACTING PRESIDENT VALESKY:   The bill 

 6   is laid aside for the day.

 7                THE SECRETARY:   Calendar Number 

 8   1401, by Senator Zeldin, Senate Print 5639, an 

 9   act authorizing.

10                ACTING PRESIDENT VALESKY:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT VALESKY:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.  Nays, 

18   3.  Senators Bonacic, Larkin and O'Mara recorded 

19   in the negative.

20                ACTING PRESIDENT VALESKY:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1402, by Senator Farley, Senate Print 5641, an 

24   act relating to the sale.

25                ACTING PRESIDENT VALESKY:   There is 


                                                               3606

 1   a home-rule message at the desk.

 2                Read the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT VALESKY:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 61.  Nays, 1.  

 9   Senator Bonacic recorded in the negative.  

10                ACTING PRESIDENT VALESKY:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1403, by Senator Carlucci, Senate Print 5658, an 

14   act to authorize.

15                ACTING PRESIDENT VALESKY:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT VALESKY:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 60.  Nays, 

23   2.  Senators Bonacic and O'Mara recorded in the 

24   negative.

25                ACTING PRESIDENT VALESKY:   The bill 


                                                               3607

 1   is passed.

 2                THE SECRETARY:   Also in the 

 3   negative:  Senator Larkin.

 4                Ayes, 59.  Nays, 3.

 5                ACTING PRESIDENT VALESKY:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1404, by Senator Farley, Senate Print 5678, an 

 9   act to amend the Religious Corporations Law.

10                SENATOR FARLEY:   Lay the bill aside 

11   for an amendment.

12                ACTING PRESIDENT VALESKY:   The bill 

13   is laid aside for the day.

14                THE SECRETARY:   Calendar Number 

15   1405, by Senator DeFrancisco, Senate Print 5717A, 

16   an act in relation to authorizing.

17                ACTING PRESIDENT VALESKY:   Read the 

18   last section.

19                THE SECRETARY:   Section 7.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT VALESKY:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT VALESKY:   The bill 


                                                               3608

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1406, by Senator Felder, Senate Print 5730, an 

 4   act to amend the Vehicle and Traffic Law.

 5                ACTING PRESIDENT VALESKY:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall effect immediately.

 9                ACTING PRESIDENT VALESKY:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 61.  Nays, 

13   1.  Senator Gipson recorded in the negative.

14                ACTING PRESIDENT VALESKY:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1407, by Senator Little, Senate Print 5733, an 

18   act to amend the Environmental Conservation Law.

19                ACTING PRESIDENT VALESKY:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT VALESKY:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3609

 1                THE SECRETARY:   Ayes, 61.  Nays, 

 2   1.  Senator Ball recorded in the negative.

 3                ACTING PRESIDENT VALESKY:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1409, by Senator Martins, Senate Print 5776, an 

 7   act to amend the General Municipal Law.

 8                ACTING PRESIDENT VALESKY:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT VALESKY:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT VALESKY:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1410, by Senator Ball, Senate Print 5787, an act 

20   to amend the Civil Service Law.

21                ACTING PRESIDENT VALESKY:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT VALESKY:   Call the 


                                                               3610

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 62.

 4                ACTING PRESIDENT VALESKY:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1411, by Senator Sanders, Senate Print 5790, an 

 8   act to amend the Executive Law.

 9                ACTING PRESIDENT VALESKY:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT VALESKY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                Senator Gianaris.

20                SENATOR GIANARIS:   Mr. President, 

21   this important bill that we just passed providing 

22   for a disaster relief I believe is Senator 

23   Sanders' first bill in our house.

24                ACTING PRESIDENT VALESKY:    

25   Congratulations, Senator Sanders.


                                                               3611

 1                (Applause.)

 2                ACTING PRESIDENT VALESKY:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   1412, by Senator Golden, Senate Print 5796, an 

 6   act to authorize.

 7                ACTING PRESIDENT VALESKY:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 7.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT VALESKY:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 62.

15                ACTING PRESIDENT VALESKY:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1413, by Senator Golden, Senate Print 5798, an 

19   act directing.

20                ACTING PRESIDENT VALESKY:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT VALESKY:   Call the 

25   roll.


                                                               3612

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT VALESKY:   The bill 

 4   is passed.

 5                Senator Libous, that completes the 

 6   noncontroversial reading of Senate Supplemental 

 7   Calendar 53A.

 8                SENATOR LIBOUS:   Mr. President, can 

 9   we go back to the active list for the day.  And 

10   there's a controversial bill, Number 799.  If we 

11   could take the controversial bill up at this 

12   time.

13                ACTING PRESIDENT VALESKY:   On the 

14   active list, Calendar Number 799.  The Secretary 

15   will place that bill before the house after 

16   ringing the bells.

17                The Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   799, by Member of the Assembly Morelle, Assembly 

20   Print 6963B, an act to amend the Education Law.

21                SENATOR TKACZYK:   Explanation.

22                ACTING PRESIDENT VALESKY:   Senator 

23   Fuschillo, an explanation has been requested by 

24   Senator Tkaczyk.

25                SENATOR FUSCHILLO:   Thank you very 


                                                               3613

 1   much, Mr. President.  

 2                In 2011 the Legislature unanimously 

 3   passed a new law that for the first time would 

 4   allow for the insurance coverage for the 

 5   diagnosis, treatment and therapy for autism.  And 

 6   we all applauded that law, and Governor Cuomo 

 7   signed it into law.  And there was a big 

 8   celebration because it was the first time in 

 9   New York State that that would be made possible.  

10                And I wish I could stand here and 

11   say we were the first in the nation, but we 

12   weren't.  We followed other states.  We were a 

13   little behind.

14                Part of that legislation, part of 

15   that law never required the licensing of applied 

16   behavioral analysts.  Two days before the law 

17   went into effect -- and Senator Breslin, let me 

18   thank you for your support as well, because I 

19   know you were one of the coprimes on that bill.

20                It took effect November 1st of 

21   2012.  Two days before it was going to take 

22   effect, the New York State Division of Financial 

23   Services, the State Education Department and the 

24   Department of Health changed the intent.  And 

25   what they did is they created a license for those 


                                                               3614

 1   who perform the services.

 2                Well, New York State doesn't have a 

 3   license.  Only doctors or psychologists were 

 4   licensed under New York State to provide these 

 5   services.  So those who didn't have this license 

 6   that New York State created and changed the 

 7   intent of the law were not allowed to apply for 

 8   insurance reimbursement.

 9                So the numbers of those who could 

10   apply went from about 700 individuals that were 

11   applying these services that could now be 

12   eligible for insurance reimbursement down to 

13   about 70.

14                ACTING PRESIDENT VALESKY:   Senator 

15   Marcellino, why do you rise?

16                SENATOR MARCELLINO:   I apologize 

17   for rising, but I'm having difficulty hearing my 

18   colleague because of the background noise.  If we 

19   could get some order.

20                ACTING PRESIDENT VALESKY:   If we 

21   could keep the noise down so that we could all 

22   hear Senator Fuschillo's explanation of his bill.

23                SENATOR FUSCHILLO:   Thank you very 

24   much.  Thank you, Senator Marcellino and 

25   Mr. President.


                                                               3615

 1                What the legislation does is it 

 2   creates a license in two categories.  And it 

 3   really undoes what the state had done when they 

 4   changed the intent of the law.  And for the first 

 5   time, once this takes effect -- and the Assembly 

 6   just passed it unanimously today -- we will go 

 7   back to the original intent back in 2012.

 8                SENATOR TKACZYK:   If the sponsor 

 9   would yield for a question, please.

10                ACTING PRESIDENT VALESKY:   Senator 

11   Fuschillo, will you yield?

12                SENATOR FUSCHILLO:   Yes, I will.  

13                And, Senator, thank you for your 

14   support.  You and I talked briefly.

15                ACTING PRESIDENT VALESKY:   The 

16   sponsor yields.

17                SENATOR TKACZYK:   Yes, thank you 

18   for your explanation.  I appreciate the bill and 

19   the work that it took to get it here.  I just had 

20   two clarifying questions.

21                Under the bill, a new scope of 

22   practice is going to be created.  But this scope 

23   of practice is only related to the treatment 

24   professionals, not the direct care workers.  Is 

25   that correct?


                                                               3616

 1                SENATOR FUSCHILLO:   That's correct.

 2                SENATOR TKACZYK:   And also, can you 

 3   just explain how 853 schools and special 

 4   education programs are impacted by this 

 5   legislation?  

 6                SENATOR FUSCHILLO:   They're not 

 7   impacted by it.  What the section does is it 

 8   organizes them, under Chapter 853 under the 

 9   Education Law, so they're considered charter 

10   schools.  And those are the private schools that 

11   we see all over New York State providing the 

12   services right now.

13                SENATOR TKACZYK:   Thank you, 

14   Senator Fuschillo.  

15                On the bill, please.

16                ACTING PRESIDENT VALESKY:   Senator 

17   Tkaczyk on the bill.

18                SENATOR TKACZYK:   I think this is a 

19   great bill.  I'm really happy to see it get to 

20   the floor.

21                According to the Centers for Disease 

22   Control, one in 88 children are diagnosed with an 

23   autism spectrum disorder.  When we provide the 

24   ability for parents to get help from licensed 

25   behavior analysts, I think that's a very good 


                                                               3617

 1   thing.  We're going to provide access to 

 2   qualified providers and ensure good consumer 

 3   protection for those families seeking that 

 4   assistance.

 5                I want to applaud the Senator, and I 

 6   want to urge my colleagues to vote yes on this 

 7   bill.

 8                Thank you.

 9                ACTING PRESIDENT VALESKY:   Thank 

10   you, Senator Tkaczyk.

11                Seeing no other Senator who wishes 

12   to be heard, the debate is closed.  The Secretary 

13   will ring the bell.

14                Read the last section.

15                THE SECRETARY:   Section 16.  This 

16   act shall take effect July 1, 2014.

17                ACTING PRESIDENT VALESKY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Absent from 

21   voting:  Senators Parker and Squadron.

22                Ayes, 61.

23                ACTING PRESIDENT VALESKY:   The bill 

24   is passed.

25                Senator Libous, that completes the 


                                                               3618

 1   controversial reading of today's calendar.

 2                SENATOR LIBOUS:   Mr. President, I'm 

 3   going to tell everybody what we're going to do 

 4   now.  

 5                We're going to call an immediate 

 6   meeting of the Finance Committee.  We're going to 

 7   ask the Finance Committee to go to Room 332 

 8   immediately.  And the sooner they get there, 

 9   there's a small agenda that they'll finish up 

10   pretty quickly, and then we'll come back and we 

11   have some nominees that are in the gallery today 

12   that we have to take care of.

13                And when that gets done, I'll let 

14   you know what the next step is.

15                ACTING PRESIDENT VALESKY:   There is 

16   an immediate meeting of the Senate Finance 

17   Committee in Room 332 of the Capitol.  

18                The Senate will stand at ease 

19   pending the return of the Finance Committee.

20                SENATOR LIBOUS:   Mr. President, 

21   people can go to the Finance Committee, but I'd 

22   like to return to motions before we stand at 

23   ease.

24                ACTING PRESIDENT VALESKY:   Motions 

25   and resolutions.


                                                               3619

 1                SENATOR LIBOUS:   On behalf of 

 2   Senator Zeldin, on page 22 I offer the following 

 3   amendments to Calendar Number 622, Senate Print 

 4   5037A, and ask that said bill retain its place on 

 5   the Third Reading Calendar.

 6                ACTING PRESIDENT VALESKY:   The 

 7   amendments are received, and the bill will retain 

 8   its place on the Third Reading Calendar.

 9                SENATOR LIBOUS:   Mr. President, at 

10   this time I would ask that the Senate stand at 

11   ease.

12                ACTING PRESIDENT VALESKY:   The 

13   Senate will now stand at ease.

14                (Whereupon, the Senate stood at ease 

15   at 5:30 p.m.)

16                (Whereupon, the Senate reconvened at 

17   5:48 p.m.)

18                SENATOR LIBOUS:   Mr. President.

19                ACTING PRESIDENT VALESKY:   Senator 

20   Libous.

21                SENATOR LIBOUS:   If we can go back 

22   to reports of standing committees, I believe 

23   there's a report of the Finance Committee at the 

24   desk.  I ask that it be read at this time.

25                ACTING PRESIDENT VALESKY:   There is 


                                                               3620

 1   a report of the Finance Committee at the desk.  

 2                The Secretary will read.

 3                THE SECRETARY:   Senator 

 4   DeFrancisco, from the Committee on Finance, 

 5   offers the following nominations.  

 6                As member and chairman of the State 

 7   Commission on Corrections, Thomas A. Beilein, of 

 8   Appleton.

 9                ACTING PRESIDENT VALESKY:   Senator 

10   DeFrancisco.

11                SENATOR DeFRANCISCO:   Yes.  Are we 

12   on the first nomination?

13                ACTING PRESIDENT VALESKY:   We are.

14                SENATOR DeFRANCISCO:   Okay.  I move 

15   the nomination of Thomas A. Beilein to continue 

16   as chairman of the Commission on Correction.  

17                He's been there approximately five 

18   years.  He is an outstanding citizen of this 

19   state.  He's done a wonderful job.  His 

20   background is outstanding.  And he unanimously 

21   passed through the Committee on Crime and 

22   Corrections as well as the Finance Committee, and 

23   I proudly move his nomination.

24                ACTING PRESIDENT VALESKY:   Thank 

25   you, Senator DeFrancisco.


                                                               3621

 1                Senator Gallivan on the nomination.

 2                SENATOR GALLIVAN:   Thank you, 

 3   Mr. President.  I too rise to support the 

 4   nomination of Thomas A. Beilein to be reappointed 

 5   as chair of the Commission of Corrections.  

 6                I've worked with the chairman in my 

 7   capacity as sheriff of Erie County when he was 

 8   the sheriff of Niagara County.  He's an honorable 

 9   man.  I concur without repeating what Senator 

10   DeFrancisco has said about his qualifications.  

11                He's been in the position and we've 

12   talked about the challenges facing the 

13   commission, and they're very real.  And I look 

14   forward to working with him in the next several 

15   years in that capacity.  

16                Thank you, Mr. President.  

17                ACTING PRESIDENT VALESKY:   Thank 

18   you, Senator Gallivan.

19                Senator Maziarz on the nomination.

20                SENATOR MAZIARZ:   Thank you very 

21   much, Mr. President.  

22                I also rise to second this 

23   nomination of Tom Beilein from Niagara County, 

24   our former sheriff.  Sheriff Beilein and I served 

25   together in the county together when I was the 


                                                               3622

 1   county clerk and he was the sheriff.  I've known 

 2   the sheriff for well over 20 years now.  

 3                He's done an excellent job as the 

 4   chairman of the Commission of Corrections.  This 

 5   is a great reappointment by Governor Cuomo.  

 6                And during the confirmation process 

 7   in both the Finance Committee and in the Crime 

 8   and Corrections Committee, Chairman Beilein 

 9   outlined very well the role of the commission and 

10   what they do and some of the accomplishments that 

11   he has had.

12                I'm also extremely impressed that 

13   Senator DeFrancisco rose to endorse this 

14   nomination, given the fact that Tom Beilein's 

15   brother John, the coach of the Michigan 

16   Wolverines, beat Syracuse.  It was probably the 

17   one time that, you know, Syracuse was defeated, 

18   and Senator DeFrancisco still supports the 

19   opposition.

20                (Laughter.)

21                SENATOR MAZIARZ:   Thank you very 

22   much, Mr. President.

23                ACTING PRESIDENT VALESKY:   Thank 

24   you, Senator Maziarz.

25                All those in favor Of reappointing 


                                                               3623

 1   Thomas A. Beilein, of Appleton, as a member and 

 2   chairman of the State Commission on Correction 

 3   signify by saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT VALESKY:   Opposed, 

 6   nay.

 7                (No response.)

 8                ACTING PRESIDENT VALESKY:   Thomas 

 9   A. Beilein is hereby confirmed as member and 

10   chairman of the State Commission on Correction.  

11                He joins us today in the gallery.  

12                Congratulations.  Thank you for your 

13   service.

14                (Standing ovation.)

15                ACTING PRESIDENT VALESKY:   The 

16   Secretary will read.

17                THE SECRETARY:   As member of the 

18   State Commission on Correction, Thomas J. 

19   Loughren, of McDonough.

20                ACTING PRESIDENT VALESKY:   Senator 

21   DeFrancisco.

22                SENATOR DeFRANCISCO:   Yes, I'm 

23   proud to also rise to move the nomination of 

24   Thomas Loughren as a new commissioner of 

25   corrections.  


                                                               3624

 1                He went into great detail about his 

 2   background before the Crime and Corrections 

 3   Committee.  If you haven't read his resume 

 4   thoroughly, you really should.  He's got an 

 5   incredibly broad range of background that suits 

 6   him particularly for this particular position.  

 7                And as a result, I do move the 

 8   nomination and congratulate the Governor for this 

 9   fine appointment.

10                ACTING PRESIDENT VALESKY:   Thank 

11   you, Senator DeFrancisco.

12                Senator Libous on the nomination.

13                SENATOR LIBOUS:   Thank you, 

14   Mr. President.

15                I too want to rise on Tom Loughren, 

16   because I had the pleasure of working with Tom 

17   when he was the sheriff of Chenango County.  And 

18   he did a fabulous job there, he was extremely 

19   well respected.  The men and women who worked for 

20   him, they liked him and they worked very hard.  

21                He did a number of things when it 

22   came to not only just stopping crime but dealing 

23   with drugs and a whole host of things.  And we 

24   worked together with some programs.  

25                And I just think that the Governor 


                                                               3625

 1   has chosen as outstanding individual.  I was very 

 2   pleased when I saw his name come up.  And Senator 

 3   Gallivan asked me if I knew Tom, and I was very 

 4   pleased to tell him that I do know him, he did a 

 5   great job as a public servant as sheriff of 

 6   Chenango County, and he will serve us very well 

 7   on this committee.  

 8                So, Tom, I congratulate you, and I 

 9   congratulate the Governor for this fine nominee.

10                ACTING PRESIDENT VALESKY:   Thank 

11   you, Senator Libous.

12                Senator Gallivan on the nomination.

13                SENATOR GALLIVAN:   Thank you, 

14   Mr. President.

15                I rise again to support the 

16   nomination of Thomas Loughren as a member of the 

17   State Commission of Correction.  Like Sheriff 

18   Beilein, we worked together in our former lives, 

19   and Tom Loughren comes tremendously qualified 

20   with a tremendous background very well suited for 

21   this position.  

22                But I would just point out for all 

23   my colleagues, in addition to what you have 

24   heard, he served at one time as the president of 

25   the State Sheriffs Association and a member of 


                                                               3626

 1   the State Law Enforcement Accreditation Council.  

 2                And he's a true criminal justice 

 3   professional, well suited to meet the challenges 

 4   of the Commission of Correction.  I'll be voting 

 5   in the affirmative.

 6                ACTING PRESIDENT VALESKY:   Thank 

 7   you, Senator Gallivan.

 8                Senator Seward on the nomination.

 9                SENATOR SEWARD:   Thank you very 

10   much, Mr. President.  

11                I too rise in support of Tom 

12   Loughren to become a member of the State 

13   Commission of Correction.  I share a portion of 

14   Chenango County with Senator Libous and in that 

15   capacity have had the opportunity to personally 

16   observe the fine work of Tom as the sheriff of 

17   Chenango County.  

18                He did an outstanding job in that 

19   role.  He's operated a correctional facility.  He 

20   walks the walk and talks the talk as a lawman.  

21   He has a wide breadth of experience in law 

22   enforcement, a very practical background.  And he 

23   will serve the people of the State of New York 

24   very, very well as member of the State Commission 

25   of Corrections.


                                                               3627

 1                So I congratulate you, Tom, and I 

 2   congratulate the Governor on making an 

 3   outstanding nomination.  I'm very pleased to rise 

 4   in support.

 5                ACTING PRESIDENT VALESKY:   Thank 

 6   you, Senator Seward.

 7                Senator Farley on the nomination.

 8                SENATOR FARLEY:   Yes, I rise in 

 9   support of this nomination.  You know, for 

10   anybody in this chamber, if you look at this 

11   man's resume and how fortunate we are to get 

12   somebody to serve in a position with the 

13   background that he has, particularly in law 

14   enforcement, in homeland security and so many 

15   things.  

16                I also on a personal basis chatted 

17   with him at good length in the waiting room 

18   before he went in for confirmation, and he's a 

19   person of integrity and somebody that truly we're 

20   very fortunate to have serve as commissioner.  

21                I rise and enthusiastically second 

22   this nomination.

23                ACTING PRESIDENT VALESKY:   Thank 

24   you, Senator Farley.

25                The question is on the appointment 


                                                               3628

 1   of Thomas J. Loughren, of McDonough, as a member 

 2   of the State Commission of Correction.  All in 

 3   favor signify by saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT VALESKY:   Opposed, 

 6   nay.

 7                (No response.)

 8                ACTING PRESIDENT VALESKY:   Thomas 

 9   J. Loughren is hereby confirmed as a member of 

10   the State Commission of Correction.  

11                He joins us today in the gallery.  

12                Congratulations, Mr. Loughren. 

13                (Standing ovation.)

14                ACTING PRESIDENT VALESKY:   The 

15   Secretary will continue to read.

16                THE SECRETARY:   As commissioner and 

17   president of the New York State Civil Service 

18   Commission, Jerry Boone, of Troy.

19                As member of the New York State 

20   Housing Financing Agency, Nestor M. Davidson, of 

21   Brooklyn.

22                As member of the Niagara Falls State 

23   Park, Recreation and Historic Preservation 

24   Commission, Stuart H. Angert, of Amherst.  

25                As member of the Ogdensburg Bridge 


                                                               3629

 1   and Port Authority, Samuel James LaMacchia, of 

 2   Ogdensburg.  

 3                As member of the Palisades 

 4   Interstate Park Commission, Howard G. Seitz, of 

 5   Rye.

 6                As member of the New York State 

 7   Council on the Arts, Laura L. Aswad, of 

 8   Woodstock.  

 9                As member of the Thousand Islands 

10   State Park, Recreation and Historic Preservation 

11   Commission, James W. Ransom, of Rooseveltown.  

12                As director of the New York 

13   Convention Center Operating Corporation, 

14   Karen He, of Brooklyn.

15                As members of the Allegany State 

16   Park, Recreation and Historic Preservation 

17   Commission:  Thomas A. Erlandson, of Frewsburg, 

18   and Michael F. McLaughlin, of Olean.

19                As trustees of the City University 

20   of New York Board of Trustees:  Alfreida D. 

21   Foster, of New York; Carol A. Robles-Román, 

22   Ph.D., of the Bronx; and Charles A. Shorter, of 

23   New York.  

24                As members of the Central New York 

25   State Park, Recreation and Historic Preservation 


                                                               3630

 1   Commission:  Stephen W. Buechner, of Syracuse; 

 2   Terry L. Ettinger, of Syracuse; and Cornelius B. 

 3   Murphy, Jr., of Syracuse.

 4                As members of the Finger Lakes State 

 5   Parks, Recreation and Historic Preservation 

 6   Commission:  Ludi Augustine, of Ithaca; Mitchell 

 7   L. Cornish, of Hornell; and Robert H. Scharf, of 

 8   Dundee.

 9                As members of the Genesee State 

10   Park, Recreation and Historic Preservation 

11   Commission:  Martin R. Miskell, of Geneseo, and 

12   Loren A. Penman, of Batavia.  

13                As members of the Niagara Frontier 

14   Transportation Authority:  Charles A. Gurney III, 

15   of Buffalo, and Wesley L. Hicks, Jr., M.D., of 

16   Angola.

17                As members of the State Board for 

18   Historic Preservation:  Jay A. DiLorenzo, of 

19   Schenectady, and Douglas A. Perrelli, Ph.D., of 

20   Buffalo.

21                As members of the State Park, 

22   Recreation and Historic Preservation Commission 

23   for the City of New York:  Alexander Durst, of 

24   New York; Allison Whipple Rockefeller, of 

25   New York; and Simon C. Roosevelt, of New York.


                                                               3631

 1                ACTING PRESIDENT VALESKY:   All in 

 2   favor of the aforementioned nominations signify 

 3   by saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT VALESKY:   Opposed, 

 6   nay.

 7                (No response.)

 8                ACTING PRESIDENT VALESKY:   The 

 9   nominees are confirmed.

10                Senator Libous.

11                SENATOR LIBOUS:   Mr. President, I 

12   believe Senator Carlucci has a motion.  If we can 

13   go back too motions and resolutions.

14                ACTING PRESIDENT VALESKY:   Motions 

15   and resolutions.  

16                Senator Carlucci.

17                SENATOR CARLUCCI:   Thank you, 

18   Mr. President.  

19                On behalf of Senator Savino, on page 

20   number 49 I offer the following amendments to 

21   Calendar Number 1154, Senate Print Number 3677, 

22   and ask that the said bill retain its place on 

23   the Third Reading Calendar.

24                ACTING PRESIDENT VALESKY:   The 

25   amendments are received.  The bill will retain 


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 1   its place on the Third Reading Calendar.

 2                SENATOR LIBOUS:   Mr. President, 

 3   give us a second.

 4                (Pause.)

 5                SENATOR LIBOUS:   Mr. President.

 6                ACTING PRESIDENT VALESKY:   Senator 

 7   Libous.

 8                SENATOR LIBOUS:   The Senate is 

 9   going to stand at ease because we are waiting on 

10   amendments that have to be in tonight.  I won't 

11   get into the technical reason why, but we have 

12   to.

13                Members will be allowed to leave.  

14   And when we do adjourn, we will adjourn until 

15   Tuesday, June 18th, at 11:30 a.m.  For those of 

16   you who aren't sure what I just said, that's 

17   tomorrow at 11:30 a.m. 

18                So members at this time can leave, 

19   and the Senate will stand at ease waiting for 

20   amendments.

21                ACTING PRESIDENT VALESKY:   The 

22   Senate will stand at ease.

23                (Whereupon, the Senate stood at ease 

24   at 6:01 p.m.)

25                (Whereupon, the Senate reconvened at 


                                                               3633

 1   6:03 p.m.)

 2                SENATOR LIBOUS:   Mr. President.

 3                ACTING PRESIDENT VALESKY:   Senator 

 4   Libous.

 5                SENATOR LIBOUS:   Is there any 

 6   further business at the desk, Mr. President?  

 7                ACTING PRESIDENT VALESKY:   There is 

 8   no further business at the desk.

 9                SENATOR LIBOUS:   There being no 

10   further business, I move that the Senate adjourn 

11   until Tuesday, June 18th, at 11:30 a.m.

12                ACTING PRESIDENT VALESKY:   On 

13   motion, the Senate stands adjourned until 

14   Tuesday, June 18th, at 11:30 a.m.

15                (Whereupon, at 6:04 p.m., the Senate 

16   adjourned.)

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