Regular Session - June 10, 2014
3364
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 10, 2014
11 11:34 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR CARL L. MARCELLINO, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
3365
1 P R O C E E D I N G S
2 ACTING PRESIDENT MARCELLINO: The
3 Senate will come to order, now that the right
4 person has applauded.
5 (Laughter.)
6 ACTING PRESIDENT MARCELLINO: I
7 ask everyone present to please rise and repeat
8 with me the Pledge of Allegiance to our nation.
9 (Whereupon, the assemblage recited
10 the Pledge of Allegiance to the Flag.)
11 ACTING PRESIDENT MARCELLINO: In
12 the absence of clergy, can we bow our heads in a
13 moment of silence.
14 (Whereupon, the assemblage
15 respected a moment of silence.)
16 ACTING PRESIDENT MARCELLINO: The
17 reading of the Journal.
18 THE SECRETARY: In Senate, Monday,
19 June 9th, the Senate met pursuant to
20 adjournment. The Journal of Sunday, June 8th,
21 was read and approved. On motion, Senate
22 adjourned.
23 ACTING PRESIDENT MARCELLINO:
24 Without objection, the Journal stands approved
25 as read.
3366
1 Presentation of petitions.
2 Messages from the Assembly.
3 The Secretary will read.
4 THE SECRETARY: On page 17, Senator
5 Klein moves to discharge, from the Committee on
6 Investigations and Government Operations,
7 Assembly Bill Number 8679 and substitute it for
8 the identical Senate Bill Number 2321A, Third
9 Reading Calendar 300.
10 On page 19, Senator Griffo moves to
11 discharge, from the Committee on Banks, Assembly
12 Bill Number 9057 and substitute it for the
13 identical Senate Bill Number 6735, Third Reading
14 Calendar 366.
15 On page 32, Senator Valesky moves to
16 discharge, from the Committee on Corporations,
17 Authorities and Commissions, Assembly Bill Number
18 8819 and substitute it for the identical Senate
19 Bill Number 6731, Third Reading Calendar 608.
20 On page 35, Senator Bonacic moves to
21 discharge, from the Committee on Judiciary,
22 Assembly Bill Number 9757 and substitute it for
23 the identical Senate Bill Number 7244, Third
24 Reading Calendar 668.
25 On page 39, Senator Hannon moves to
3367
1 discharge, from the Committee on Higher
2 Education, Assembly Bill Number 9124A and
3 substitute it for the identical Senate Bill
4 Number 6871, Third Reading Calendar 703.
5 On page 40, Senator DeFrancisco
6 moves to discharge, from the Committee on
7 Finance, Assembly Bill Number 9344 and substitute
8 it for the identical Senate Bill Number 7072,
9 Third Reading Calendar 731.
10 On page 41, Senator Golden moves to
11 discharge, from the Committee on Local
12 Government, Assembly Bill Number 9241A and
13 substitute it for the identical Senate Bill
14 Number 6931A, Third Reading Calendar 742.
15 On page 47, Senator Maziarz moves to
16 discharge, from the Committee on Transportation,
17 Assembly Bill Number 9518 and substitute it for
18 the identical Senate Bill Number 7223, Third
19 Reading Calendar 828.
20 On page 52, Senator Lanza moves to
21 discharge, from the Committee on Local
22 Government, Assembly Bill Number 8862 and
23 substitute it for the identical Senate Bill
24 Number 6656, Third Reading Calendar 888.
25 On page 54, Senator Maziarz moves to
3368
1 discharge, from the Committee on Energy and
2 Telecommunications, Assembly Bill Number 6367 and
3 substitute it for the identical Senate Bill
4 Number 2383, Third Reading Calendar 918.
5 On page 62, Senator Gallivan moves
6 to discharge, from the Committee on Children and
7 Families, Assembly Bill Number 9225B and
8 substitute it for the identical Senate Bill
9 Number 6926A, Third Reading Calendar 1004.
10 On page 63, Senator Klein moves to
11 discharge, from the Committee on Cultural
12 Affairs, Tourism, and Parks and Recreation,
13 Assembly Bill Number 9387B and substitute it for
14 the identical Senate Bill Number 7313, Third
15 Reading Calendar 1019.
16 On page 69, Senator Ritchie moves to
17 discharge, from the Committee on Finance,
18 Assembly Bill Number 7706 and substitute it for
19 the identical Senate Bill Number 5482, Third
20 Reading Calendar 1076.
21 On page 70, Senator Espaillat moves
22 to discharge, from the Committee on Cultural
23 Affairs, Tourism, and Parks and Recreation,
24 Assembly Bill Number 5625A and substitute it for
25 the identical Senate Bill Number 7605,
3369
1 Third Reading Calendar 1090.
2 On page 73, Senator Klein moves to
3 discharge, from the Committee on Judiciary,
4 Assembly Bill Number 9354 and substitute it for
5 the identical Senate Bill Number 7119, Third
6 Reading Calendar 1125.
7 On page 77, Senator DeFrancisco
8 moves to discharge, from the Committee on
9 Finance, Assembly Bill Number 9394 and substitute
10 it for the identical Senate Bill Number 7208,
11 Third Reading Calendar 1220.
12 On page 78, Senator Valesky moves to
13 discharge, from the Committee on Agriculture,
14 Assembly Bill Number 9215 and substitute it for
15 the identical Senate Bill Number 7433,
16 Third Reading Calendar 1222.
17 And on page 78, Senator Larkin moves
18 to discharge, from the Committee on Judiciary,
19 Assembly Bill Number 8479 and substitute it for
20 the identical Senate Bill Number 7760,
21 Third Reading Calendar 1225.
22 ACTING PRESIDENT MARCELLINO: The
23 substitutions are ordered.
24 Messages from the Governor.
25 Reports of standing committees.
3370
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Libous.
6 SENATOR LIBOUS: Mr. President, I
7 believe Senator Gianaris has a motion that he'd
8 like to comment on.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Gianaris.
11 SENATOR GIANARIS: Thank you,
12 Mr. President.
13 On behalf of Senator Espaillat,
14 please place a sponsor star on Calendar Numbers
15 1090 and 1196.
16 ACTING PRESIDENT MARCELLINO: So
17 ordered.
18 Senator Libous.
19 SENATOR LIBOUS: Thank you,
20 Mr. President.
21 On behalf of Senator Seward, on
22 page 24 I offer the following amendments to
23 Calendar Number 490, Senate Print 3539, and I ask
24 that said bill retain its place on the
25 Third Reading Calendar.
3371
1 ACTING PRESIDENT MARCELLINO: So
2 ordered.
3 SENATOR LIBOUS: On behalf of
4 Senator LaValle, Mr. President, on page 33 I
5 offer the following amendments to Calendar Number
6 624, Senate Print 6630, and ask that said bill
7 retain its place on the Third Reading Calendar.
8 ACTING PRESIDENT MARCELLINO: So
9 ordered.
10 SENATOR LIBOUS: Mr. President, on
11 behalf of Senator Maziarz, on page 55 I offer the
12 following amendments to Calendar Number 925,
13 Senate Print 7430, and ask that said bill retain
14 its place on the Third Reading Calendar.
15 ACTING PRESIDENT MARCELLINO: So
16 ordered.
17 SENATOR LIBOUS: And on behalf of
18 Senator Marchione, on page 58 I offer the
19 following amendments to Calendar Number 973,
20 Senate Print 6764, and ask that said bill retain
21 its place on the Third Reading Calendar.
22 ACTING PRESIDENT MARCELLINO: So
23 ordered.
24 SENATOR LIBOUS: Mr. President, if
25 you'd just give me a second here, we'll regroup
3372
1 to see where we want to go next.
2 ACTING PRESIDENT MARCELLINO:
3 You're on the clock, sir.
4 SENATOR LIBOUS: Mr. President.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Libous.
7 SENATOR LIBOUS: I believe there's
8 a resolution at the desk by Senator O'Mara,
9 Number 5723. Could we have it read in its
10 entirety and call on the good Senator for
11 comments.
12 ACTING PRESIDENT MARCELLINO: The
13 Secretary will read.
14 THE SECRETARY: Legislative
15 Resolution Number 5723, by Senator O'Mara,
16 congratulating Sriram Hathwar upon the occasion
17 of being crowned Co-Champion of the 2014 Scripps
18 National Spelling Bee Championship on May 29,
19 2014.
20 "WHEREAS, It is the intent of this
21 Legislative Body to commend and pay tribute to
22 those young people who, by achieving outstanding
23 success in educational competition, have
24 inspired and brought pride to our majestic
25 Empire State; and
3373
1 "WHEREAS, Attendant to such concern,
2 and in full accord with its long-standing
3 traditions, this Legislative Body is justly proud
4 to congratulate Sriram Hathwar upon the occasion
5 of being named Co-Champion of the 2014 Scripps
6 National Spelling Bee Championship on Thursday,
7 May 29, 2014, in National Harbor, Maryland; and
8 "WHEREAS, Sriram Hathwar, a
9 14-year-old from Painted Post, New York, is an
10 eighth-grade student at the Alternative School
11 for Math and Science in Corning, New York;
12 sponsored by the Corning Rotary Club, he is the
13 son of Jagadeesh and Roopa Hathwar; and
14 "WHEREAS, This year was Sriram
15 Hathwar's fifth trip to the Scripps National
16 Spelling Bee, and he was favored to win; he is
17 the first Spelling Bee Champion from Upstate
18 New York since 1976; and
19 "WHEREAS, The 2014 Scripps National
20 Spelling Bee was broadcast nationwide on ESPN,
21 and welcomed 281 spellers from around the world;
22 the spellers ranged in age from 8 to 14 years
23 old, and were all vying for the esteemed title of
24 Champion; and
25 "WHEREAS, This astute young scholar
3374
1 assured himself at least a second-place finish by
2 correctly spelling 'characin,' a family of small
3 brightly colored fish; and
4 "WHEREAS, Sriram Hathwar forged
5 ahead with a correct spelling of 'skandhas'
6 followed by 'feijoada'; with only four words
7 remaining, he correctly spelled 'stichomythia,'
8 assuring himself at least a co-championship; the
9 two students were declared co-champions after
10 Bee officials ran out of words to keep the duel
11 going; and
12 "WHEREAS, Sriram Hathwar, in
13 achieving this high honor, may take just pride in
14 the inspiration and contribution to the spirit of
15 excellence he brings to his family, friends,
16 school and region; and
17 "WHEREAS, Educational competitions
18 which serve to better prepare our students for
19 their future participation in the marketplace of
20 ideas are worthy of praise and support; and
21 "WHEREAS, Poised with enthusiasm and
22 determined purpose, this scholar now stands
23 honorably, in eager anticipation of future
24 challenges, understanding and appreciating the
25 caring counsel and support provided by his
3375
1 teachers and parents; now, therefore, be it
2 "RESOLVED, That this Legislative
3 Body pause in its deliberations to congratulate
4 Sriram Hathwar upon the occasion of being crowned
5 Co-Champion of the 2014 Scripps National Spelling
6 Bee Championship on May 29, 2014; and be it
7 further
8 "RESOLVED, That a copy of this
9 resolution, suitably engrossed, be transmitted to
10 Sriram Hathwar."
11 ACTING PRESIDENT MARCELLINO: It's
12 my pleasure to call on Senator O'Mara, a man who
13 never runs out of words.
14 (Laughter.)
15 SENATOR O'MARA: I'm not so sure
16 about that, Mr. President, but thank you.
17 And I thank the Secretary for
18 pronouncing those words correctly, I think. I
19 don't know that any of us would be able to spell
20 those words.
21 But we have the Hathwar family here
22 with us today from my district: Sriram, who is
23 there in the suit and tie, our National Spelling
24 Bee co-champion; Jairam, his brother;
25 Bhageerathi, his grandmother; and his parents,
3376
1 Roopa and Jagadeesh.
2 Thank you all for being here with us
3 today. It's an honor to have you. And thank you
4 for representing us so well in the National
5 Spelling Bee contest.
6 As was said in the resolution, there
7 was co-champions this year, for the first time in
8 the 87-year history of the National Spelling Bee
9 championship. And there was co-champions because
10 our winner here, Sriram, and his co-champion
11 exhausted the words in the list from the
12 competition. So they ran out of words for them
13 to do, so they crowned them co-champions. Which
14 was great.
15 However, the contest kind of went
16 into extra innings when they appeared on Jimmy
17 Kimmel this past week. And I would suggest you
18 look up "YouTube Jimmy Kimmel spelling bee
19 contest." And they had the co-champions on with
20 a spelling contest with Jimmy Kimmel. Sriram was
21 the only one that got the word correct.
22 However, it was not really a fair
23 competition, because the person asking the words
24 was dressed in a bee outfit and speaking in a
25 very cheesy Mexican accent, I believe, trying to
3377
1 mispronounce the words. But Sriram actually got
2 the word right, "juggernaut," that was not being
3 pronounced at all the way it's supposed to be.
4 But it's just an honor to have you
5 here, and from Painted Post, New York. And I
6 learned this morning that Sriram was in a
7 preschool class with my son Thomas at the
8 Chemung Valley Montessori School. Thomas has not
9 gone on to any spelling bee championships,
10 although he did quite well at a spelling bee
11 contest at St. Mary Our Mother School throughout
12 his elementary school years, winning in the
13 school one year.
14 But, Sriram, congratulations. Thank
15 you for representing us and making us proud to
16 have you here in the State of New York. We
17 welcome you here today, and please enjoy your
18 stay in the Capitol.
19 (Applause.)
20 ACTING PRESIDENT MARCELLINO: The
21 question is on the resolution. All in favor
22 signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT MARCELLINO:
25 Opposed, nay.
3378
1 (No response.)
2 ACTING PRESIDENT MARCELLINO: The
3 resolution is adopted.
4 Congratulations, Sriram. To your
5 whole family, enjoy. And keep on studying. Keep
6 on studying. God bless.
7 Senator Libous.
8 SENATOR LIBOUS: Mr. President,
9 could we take up Senate Resolution -- it's a
10 privileged resolution on former Senator Roy
11 Goodman, please. I don't have a number on the
12 form.
13 ACTING PRESIDENT MARCELLINO: It's
14 a privileged resolution, Senator, there is no
15 number.
16 The Secretary will read the
17 privileged resolution.
18 THE SECRETARY: Legislative
19 Resolution by Senators Skelos, Klein,
20 Stewart-Cousins, Golden, Lanza and Krueger,
21 paying tribute to the distinguished life and
22 accomplishments of the Honorable Roy M. Goodman,
23 former New York State Senator.
24 "WHEREAS, It is fitting and proper
25 that this Legislative Body recognize and pay
3379
1 tribute to the life and accomplishments of a
2 distinguished former colleague, New York State
3 Senator Roy Matz Goodman, whose career, purpose,
4 and commitment remain a great example of what a
5 noble calling public service should be; and
6 "WHEREAS, With sorrow and regret,
7 this Legislative Body mourns the passing of
8 Roy M. Goodman on June 3, 2014, and pauses to
9 note significant accomplishments of his
10 meritorious life; and
11 "WHEREAS, Roy Goodman was a 'larger
12 than life' figure during his three decades as a
13 Senator representing the 26th Senate District on
14 the East Side of Manhattan, from which position
15 he served as effective conduit to Albany state
16 governmental leadership for several generations
17 of Republican and Democratic mayors of New York
18 City, was primary author of important changes in
19 the New York City Charter, sponsor of over 1,200
20 laws designed to improve the lives of all
21 residents of this great state, and was a public
22 official committed to defining and solving
23 problems as chair of the Investigations,
24 Taxation, and Government Operations Committee of
25 the Senate; and
3380
1 "WHEREAS, In 1955, he married the
2 late Barbara Furrer, and they had three children,
3 his daughters Claire Goodman Pellegrini Cloud and
4 Leslie Goodman, and his son Randolph, all of whom
5 survive him, along with six grandchildren; and
6 "WHEREAS, Roy Goodman was a leader
7 of the moderate wing of the Republican Party in
8 the state, a fiscal conservative with a social
9 conscience who championed tax cuts and waged a
10 war on government waste, while insisting on
11 keeping the social services safety net intact;
12 and
13 "WHEREAS, One of the great loves of
14 his life was the arts, which he viewed as
15 important for the development of the mind, soul,
16 and humanity of people, and he was able to bring
17 state resources to bear in support of expansions
18 of the arts as chairman of the Senate Special
19 Committee on the Arts and Cultural Affairs and
20 the leading legislative advocate of the arts in
21 New York State, and a member of the National
22 Endowment for the Arts Council, for which he was
23 named Ambassador for the Arts by the National
24 Endowment for the Arts 'in recognition of his
25 unwavering support of the arts and cultural
3381
1 affairs,' and as a commissioner of the National
2 Commission of Fine Arts, by appointment of
3 President Ronald Reagan; the first President
4 George Bush later named him to the National
5 Council on the Arts; and
6 "WHEREAS, Roy Goodman was a Fellow
7 for Life of the Metropolitan Museum of Art; a
8 patron of the Metropolitan Opera; patron of the
9 New York Philharmonic Society; and president of
10 the Goodman Family Foundation, a philanthropic
11 trust; a member of the Council on Foreign
12 Relations, and recipient of an honorary Doctorate
13 of Humane Letters from Pratt Institute, and he
14 received honorary awards from The Kennedy Center
15 for Distinguished Government Leadership in Arts
16 in Education; Carnegie Hall; the National Arts
17 Club; the City University of New York;
18 Brotherhood-in-Action; the Junior Chamber of
19 Commerce; the Society for the Prevention of
20 Cruelty to Children; Odyssey House; the Ripon
21 Society; the UJA-Federation of New York; the
22 Hebrew University of Jerusalem; the Columbia
23 Association for Promoting Well-Being of Police
24 Officers; Our Town; the Statesman Father of the
25 Year Award of the National Father's Day
3382
1 Committee; Lenox Hill Neighborhood Association;
2 the New York City Police Foundation; the Fire
3 Safety Foundation; Playwrights Horizon; Catholic
4 Interracial Council; Stanley Isaacs Association;
5 New York Benevolence Council; Artists
6 Fellowship; South Street Seaport; Town Hall; the
7 New York Foundling Hospital; Family Planning
8 Advocates of New York; New York State Division of
9 Human Rights; New York State Humane Society;
10 Kennedy School of Government; and the U.S.
11 Treasury Department for Patriotic Service; and
12 "WHEREAS, As a member of the
13 then-dominant moderate-to-liberal wing of the
14 Republican Party that centered around former
15 New York State Governor Nelson Rockefeller, U.S.
16 Senator Jacob Javits, and former New York City
17 Mayor John Lindsay, his talent and abilities were
18 such that he was perennially considered as a
19 likely candidate for Mayor of New York City, for
20 United States Senator, for a post as a cabinet
21 officer, and for New York State Comptroller; and
22 "WHEREAS, Roy Goodman grew up on the
23 Upper East Side of Manhattan, graduated with
24 honors from Harvard College in 1951, and received
25 a Master's Degree with Distinction from the
3383
1 Harvard Graduate School of Business
2 Administration in 1953, and he then served as an
3 officer in the Navy, and, in the early 1960s,
4 after a brief career in investment banking,
5 joined the family business, becoming president of
6 Ex-Lax, Inc., at age 32, tripling its value in a
7 short time and selling it for tens of millions of
8 dollars; and
9 "WHEREAS, He was hooked by one of
10 the great loves of his life, the love of public
11 service, working first on the 1965 John Lindsay
12 mayoral campaign and then becoming Finance
13 Commissioner and Treasurer of the City of
14 New York and served in the Mayor's Super Cabinet
15 in Mr. Lindsay's first term, positions he held
16 with distinction until 1968, when he left
17 City Hall to run for a vacant State Senate seat,
18 which he won; and
19 "WHEREAS, From 1972 through 1975, he
20 served as chairman of the New York State Charter
21 Revision Commission for New York City, which
22 significantly revised city government structure,
23 in a task accounted by most people as impossible,
24 as most of the panel's members were Democrats,
25 who viewed him warily and fought among
3384
1 themselves, even as then-Mayor Abraham D. Beame
2 opposed the commission at every turn, and yet
3 Roy Goodman was able to bring the group into
4 agreement behind a set of recommendations adopted
5 by city voters in 1975, at the height of the
6 New York City fiscal crisis, with changes that
7 greatly expanded the power of community boards,
8 required balanced budgets and public disclosure
9 of labor contracts, loosened mayoral control of
10 spending and gave the city comptroller broad
11 power to audit agencies; and
12 "WHEREAS, Roy Goodman ran for mayor
13 of New York City in 1977, ultimately losing to
14 Mario Cuomo and the mayoral winner, Edward I.
15 Koch, with both of whom he became friends and the
16 Albany go-between; and
17 "WHEREAS, As chairman of the
18 Committee on Investigations, he conducted
19 investigations and inquiries that resulted in
20 many changes in law and rules, including medical
21 precautions at boxing matches and controls on
22 investments by public authorities; Roy Goodman
23 also identified emerging issues and took on very
24 tough battles, including convincing Albany
25 leaders in 1984 to establish the first in the
3385
1 nation AIDS Institute to combat the emerging and
2 still mysterious at the time AIDS crisis; he also
3 was the first legislator to expose the scourge
4 of crack cocaine in the mid-1980s; Roy Goodman's
5 Investigations Committee also issued a scathing
6 report detailing the breakdown in the city's
7 mechanism to build schools, which resulted in the
8 creation of a new School Construction Authority
9 to take over the task of school construction; and
10 "WHEREAS, Senator Goodman's major
11 initiatives included sponsorship of legislation
12 to increase police patrols and toughen gun and
13 ammunition controls; provide tax fairness for the
14 owners of co-ops and condos; expand women's
15 rights to choose and increase protections against
16 domestic violence; cut the state income and
17 corporate taxes; provide better housing and
18 tenant protection; protect children against
19 abuse; combat discrimination; and spearhead
20 City Hall efforts to increase state aid for
21 New York City; and
22 "WHEREAS, In 1981, Roy Goodman
23 became the Republican Party chairman of
24 Manhattan, a post he held for two decades,
25 hosting Republicans from around the country at
3386
1 party dinners and events; Roy Goodman built the
2 New York County Republican Party into a
3 powerhouse organization which provided, as he put
4 it many times, the 'high octane fuel' which led
5 to the elections of Assemblyman John Ravitz and
6 Councilmembers Charles Millard and Andrew
7 Eristoff on Manhattan's East Side, who, along
8 with Congressman Bill Green and Senator Goodman,
9 formed the nucleus for years of moderate
10 Republican leadership in government; and
11 "WHEREAS, After leaving the Senate,
12 Mayor Michael R. Bloomberg and Governor George E.
13 Pataki appointed Senator Goodman president of the
14 United Nations Development Corporation, an agency
15 charged with building new offices for the
16 United Nations and a park along the East River;
17 and
18 "WHEREAS, Roy Goodman's commitment
19 to public service extended to his friendship and
20 mentoring of numerous individuals who served with
21 him and served his community and the people of
22 the State of New York with intelligence and
23 caring dedication, contributing significantly to
24 the quality of life of his constituents and the
25 communities of the State of New York; now,
3387
1 therefore, be it
2 "RESOLVED, That this Legislative
3 Body pause in its deliberations to honor the
4 memory and accomplishments of the Honorable Roy
5 M. Goodman; and be it further
6 "RESOLVED, That copies of this
7 resolution, suitably engrossed, be transmitted
8 to his daughters, Leslie Goodman and Claire
9 Goodman Pellegrini Cloud, and his son, Randolph
10 Goodman."
11 ACTING PRESIDENT MARCELLINO: On
12 the resolution, Senator Libous.
13 SENATOR LIBOUS: Thank you,
14 Mr. President.
15 My colleagues, you heard the
16 resolution on what I would call a giant of this
17 chamber, Senator Roy Goodman. Senator Goodman
18 served here with great distinction, and his
19 accomplishments, as the resolution states, go on
20 and on and on. And they're all real, every one
21 of them. Anything that Senator Roy Goodman got
22 involved with, he put his full effort into.
23 And not only did he love this house
24 and this chamber and what the Senate stood for,
25 but he also loved the City of New York, which he
3388
1 represented. The City of New York would often
2 come first, as probably it should have, but he
3 did it with such great passion.
4 And I am almost embarrassed to stand
5 on this floor and make comment, because when
6 Senator Goodman got up to speak, this entire
7 chamber, including the gallery, would be totally
8 quiet, because many of the words he used were
9 above my pay grade. And he was such an
10 incredible speaker and was just so eloquent on
11 making his point, whether it be something for his
12 beloved city or, as was mentioned, the arts,
13 which he put an awful lot of his time into, not
14 only the arts of New York City but for all of
15 New York State.
16 Senator Goodman had many sides to
17 him. While he was a very serious statesman --
18 and I referenced with Senator Krueger that I
19 believe when he ran for office he put up signs
20 that said he was the statesman of the Senate.
21 And I don't think anyone would ever argue that.
22 He was indeed the statesman of the New York State
23 Senate.
24 And while he was a very serious and
25 committed individual, he also loved entertainment
3389
1 and joking. He was fun to go to dinner with. He
2 always had a repertoire of jokes or funny stories
3 that would keep you on the heels of your feet for
4 hours at a time. When we had a Senate function,
5 he would often be part of the overall
6 entertainment. I can remember doing a skit with
7 him where I think he had me in a wig with long
8 hair, I can't even remember what it was, it was
9 so long ago. But I do know that our colleagues
10 enjoyed it immensely, and the Senator was full of
11 his good spirit.
12 As I said, you know, he indeed was a
13 champion for New York City, a champion for the
14 arts, and certainly was committed to so many good
15 programs that were mentioned in the reso.
16 Senator Goodman would sometimes kid
17 around. I know oftentimes he would call me
18 "Tommy Boy," and he would tell me to come over
19 because he maybe had another story that he wanted
20 to tell.
21 But he was indeed a serious
22 statesman. He was a giant of this chamber. And,
23 Mr. President, I would say that it will be a long
24 time before another individual like Roy Goodman
25 will come through this chamber.
3390
1 He will be missed, not only by his
2 family, but all of us as friends. And it is just
3 indeed an honor for me to stand before this house
4 and make some simple comments about such a great
5 man.
6 ACTING PRESIDENT MARCELLINO: Thank
7 you, Senator Libous.
8 Senator Krueger.
9 SENATOR KRUEGER: Thank you,
10 Mr. President. I'd also like to rise to pay my
11 respects and honor to Roy Goodman.
12 Senator Goodman, as Senator Libous
13 just referenced, was known in my community as
14 "the statesman of the State Senate" and was the
15 last of the Rockefeller Republicans.
16 His final campaign for office was
17 also my first, and his graciousness and good
18 humor were on full display from that campaign's
19 beginning to end. When victorious against me
20 after a six-week recount, he jokingly dubbed
21 himself "Landslide Goodman."
22 In fact, Senator Roy Goodman and my
23 father worked together and were friends, and he
24 could never understand why my father couldn't
25 convince me not to run against him. I think many
3391
1 people here now know me and know that that wasn't
2 a possibility.
3 But after Senator Goodman retired,
4 he continued to show personal warmth and a deep
5 knowledge of his commitment to the public and to
6 our community. He served here with distinction
7 for 33 years. Senator Libous listed out some of
8 his accomplishments.
9 I like to highlight the fact that as
10 his replacement in the Senate, he and I continue
11 to agree on issues of reproductive rights,
12 tenants rights, progressive social issues that
13 should be moving further ahead that he worked to
14 try to get to move further ahead in his tenure in
15 the Senate.
16 Even today, after 12 years in the
17 Senate, people in my community still stop to talk
18 to me about Senator Goodman and their memories of
19 him.
20 My condolences go out to his family
21 and his grandchildren, his daughters, his son.
22 And yes, we just listened to this full
23 resolution. We should all set as goals to be as
24 broad-thinking and accomplished as Senator Roy
25 Goodman was during his tenure.
3392
1 Thank you, Mr. President.
2 ACTING PRESIDENT MARCELLINO:
3 Senator LaValle.
4 SENATOR LaVALLE: Thank you,
5 Mr. President.
6 It was a great pleasure for me to
7 know Roy Goodman in two ways, one as a staff
8 member working in this Senate and then as a
9 colleague.
10 As Senator Libous has said, and
11 Senator Krueger, he was a giant here in this
12 chamber. I would say he was blue-chip pedigree
13 in every respect -- intellect, culture, his wit,
14 probably only to be matched by Senator Al Lewis,
15 from the other side, who could both of them go
16 and tell joke after joke without any cues or any
17 briefing from anyone. They were both terrific.
18 Roy Goodman created and was the
19 chairman for many, many years of the
20 Investigations Committee, and used that committee
21 to cover many of the topics of the day that
22 needed scrutiny. And that he did, with his
23 intellect and following through on each and every
24 subject area.
25 One of the funniest things that I
3393
1 can recall is going out to dinner with Roy
2 Goodman and a bunch of other Senators. And as
3 Senator Libous indicated, he would, through
4 dinner just one joke after another after another.
5 After dinner was done, the check comes, and Roy
6 Goodman says, "Please, let me pick up the check."
7 Now, Senator Goodman was a man of means. And so
8 no one, no one at the table moved a muscle toward
9 that check. And so he picked it up. Nor did
10 anyone feel guilty that he picked that check up.
11 Roy Goodman, during the budget
12 processes, would handle the area of the budget.
13 And he was the first person to come in with an
14 easel and huge colored pie-shaped pictures that
15 dealt with the budget. That was a time before we
16 had the Internet and could do things the way we
17 do today using the computer.
18 In closing, we heard the resolution,
19 and Senator Libous said it. Everything in that
20 resolution could have been even understated,
21 because he was intellectually -- and as I said,
22 the pedigree of culture and the arts, he was the
23 person to be able to talk about these various
24 subject areas.
25 And so we honor his loss. And
3394
1 certainly to the people of the silk-stocking
2 district that he represented for many, many
3 years, it is a loss to them, the City of New York
4 and New York State.
5 ACTING PRESIDENT MARCELLINO: Thank
6 you, Senator LaValle.
7 Senator Stavisky.
8 SENATOR STAVISKY: Thank you,
9 Mr. President.
10 I served very briefly with Senator
11 Goodman when he was in the State Senate.
12 However, I got to know him in the 1970s when he
13 served as chair of the New York City Charter
14 Revision Commission and my husband was on that
15 commission.
16 And this was a group that studied
17 all areas of New York City governance and in fact
18 studied the governance of London, Belgrade,
19 Yugoslavia, and Stockholm, Sweden, firsthand. He
20 arranged -- we paid our own -- spouses were paid
21 for by the spouses. And I believe a foundation
22 paid for their trip, so this was not a taxpayer
23 junket.
24 On the other hand, it was a very
25 informative trip. And I must tell you, I think
3395
1 Senator Goodman missed his calling when he was
2 dealing with the ambassador from Washington, from
3 the United States, to the Court of St. James in
4 London. And that's where I think his talents
5 really lay, in dealing with diplomatic issues,
6 and he was at his prime.
7 His choice of language was
8 remarkable, colorful. I remember thinking on one
9 of those occasions that he was the first grown
10 man I ever heard use the word "balderdash."
11 He was widely respected by
12 everybody, and certainly obviously represented
13 his district with distinction and with flair and
14 with a bipartisan attitude that is often lacking
15 in today's society.
16 And I remember his wife quite well,
17 because she was very involved with Columbia
18 University. She served as a trustee at one of
19 the colleges when my husband was an adjunct
20 professor in the School of International and
21 Public Affairs at Columbia.
22 And I too extend my sympathies to
23 his family. But they have, I'm sure, great
24 memories of their father and of his service in
25 the Senate.
3396
1 Thank you.
2 ACTING PRESIDENT MARCELLINO: Thank
3 you, Senator.
4 Senator Nozzolio.
5 SENATOR NOZZOLIO: Thank you,
6 Mr. President.
7 Mr. President and my colleagues, I
8 rise with heavy heart to mourn and celebrate the
9 life of a great American, a wonderful New Yorker,
10 a fine man, and a great contributor to this
11 institution.
12 Roy Goodman was bright, articulate,
13 erudite and extremely cheerful. He had a big
14 heart, a heart that extended to all who joined
15 this body. I served with him for I believe at
16 least six years, and that it was an honor to be
17 in his presence, to know what he was thinking, to
18 live some of his life experiences, because he
19 certainly was long on sharing those with us,
20 particularly the new Senators.
21 I appreciated Roy Goodman. I
22 appreciated the fact that we may not have always
23 agreed on matters of substance, but Roy Goodman
24 was never disagreeable. He was a gentleman's
25 gentleman, one who had a great deal of respect
3397
1 for every member of this body.
2 He loved this institution, this
3 institution of the New York State Senate. And
4 that he certainly was a great Senator, one who
5 cared about his constituents, one who loved his
6 state and loved his nation.
7 We mourn his passing but are pleased
8 to have shared time here in this body with
9 Senator Roy Goodman.
10 Thank you, Mr. President.
11 ACTING PRESIDENT MARCELLINO: Thank
12 you, Senator Nozzolio.
13 Is there anyone else who wishes to
14 be heard on the resolution?
15 Seeing none, the question is on the
16 resolution. All in favor signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT MARCELLINO:
19 Opposed, nay.
20 (No response.)
21 ACTING PRESIDENT MARCELLINO: The
22 resolution is adopted.
23 Senator Libous, it is my
24 understanding that Senator Skelos would like to
25 open up the resolution.
3398
1 SENATOR LIBOUS: Yes,
2 Mr. President. I would offer two things.
3 Number one, Senator Skelos would
4 like to offer up the resolution to all members to
5 go on. And if someone does not want to go on the
6 resolution, to please let the desk know.
7 And I would ask my colleagues to
8 join me in a minute of silence for Senator
9 Goodman, please.
10 (Whereupon, the assemblage rose and
11 respected a moment of silence.)
12 ACTING PRESIDENT MARCELLINO: The
13 resolution is open for cosponsorship. Anyone who
14 wishes not to be on the resolution please, at
15 your own peril, notify the desk.
16 Senator Libous.
17 SENATOR LIBOUS: Mr. President, I
18 would like to, if we go back to motions and
19 resolutions -- and we are on motions -- I'd like
20 to adopt the Resolution Calendar, with the
21 exception of Resolutions 5714, 5723 and 5760. I
22 believe 5723 we've already passed.
23 ACTING PRESIDENT MARCELLINO: Yes,
24 we did.
25 SENATOR LIBOUS: Okay?
3399
1 ACTING PRESIDENT MARCELLINO: Yes.
2 The motion is on the Resolution Calendar. All in
3 favor of adopting the Resolution Calendar, with
4 the exceptions as noted, please signify by saying
5 aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT MARCELLINO:
8 Opposed, nay.
9 (No response.)
10 ACTING PRESIDENT MARCELLINO: The
11 Resolution Calendar is adopted, sir.
12 Senator Libous.
13 SENATOR LIBOUS: Thank you,
14 Mr. President.
15 I believe there's a resolution at
16 the desk by Senator Flanagan, Number 5801. Could
17 we have it read in its entirety and call on
18 Senator Flanagan.
19 ACTING PRESIDENT MARCELLINO: The
20 Clerk will read.
21 THE SECRETARY: Legislative
22 Resolution Number 5801, by Senator Flanagan,
23 honoring the hard work, dedication and commitment
24 of the members of the New York State Legislative
25 Messenger Service.
3400
1 "WHEREAS, It is the sense of this
2 Legislative Body to honor individuals who have
3 faithfully served the people and the government
4 of the State of New York with dedication and
5 conscientious service; and
6 "WHEREAS, The New York State
7 Legislative Messenger Service was founded in 1973
8 as an avenue to provide job training and
9 opportunities to individuals with a disability;
10 emphasis is placed on understanding and
11 amplifying an individual's strengths while
12 providing support, training and structure to
13 lessen any barriers created by their disability;
14 and
15 "WHEREAS, This outstanding service
16 plays a very important role in expediting the
17 work of the New York State Legislature; and
18 "WHEREAS, This Legislative Body is
19 justly proud to honor the hard work, dedication
20 and commitment of the members of the New York
21 State Legislative Messenger Service; and
22 "WHEREAS, For more than four
23 decades, the New York State Legislative Messenger
24 Service, located in the Legislative Office
25 Building, has provided a communications network
3401
1 throughout the Empire State Plaza and neighboring
2 state buildings for Senate and Assembly
3 legislators and their staffs; and
4 "WHEREAS, The dedicated members of
5 the New York State Legislative Messenger Service
6 can always be relied on to provide swift and
7 dependable service; and
8 "WHEREAS, Under the able leadership
9 of Kevin Kather, Director, and Beth Bonesteel,
10 Assistant Director, the members of the New York
11 State Legislative Messenger Service, whom we see
12 hurrying about their rounds, include Daniel
13 Benes, Michael Cohen, Nancy Comley, Bill Crowe,
14 Michelle Daly, Adam Denenberg, Robert DeSieno,
15 William Faulkner, Sharon Forkeutis,
16 Marcus Gagnon, William Gerard, Barbara Gosstola,
17 Katherine Griffin, Kimberly Lapp,
18 Barbara McDonald, Kathy O'Brien, Patrick O'Hara,
19 Kadija Oliver, Francis Rotundo,
20 Kathleen Schleich, Barb Wojtowicz, and
21 Valerie Zeh; and
22 "WHEREAS, This Legislative Body is
23 pleased to recognize and pay just tribute to the
24 members of the New York State Legislative
25 Messenger Service, individuals who embody the
3402
1 true American spirit, demonstrating personal
2 determination and significantly contributing to
3 the workings of the New York State Legislature;
4 now, therefore, be it
5 "RESOLVED, That this Legislative
6 Body pause in its deliberations to honor the hard
7 work, dedication and commitment of the members of
8 the New York State Legislative Messenger Service;
9 and be it further
10 "RESOLVED, That copies of this
11 resolution, suitably engrossed, be transmitted to
12 the members of the New York State Legislative
13 Messenger Service."
14 ACTING PRESIDENT MARCELLINO: To
15 speak on the resolution, Senator Flanagan.
16 SENATOR FLANAGAN: Yes, thank you,
17 Mr. President. Thank you, Senator Libous.
18 Today is a great day. We just heard
19 the accomplishments of a former colleague who was
20 legendary in his own right, and an intellectual
21 giant. And we have with us -- really, this is
22 great for everyone -- but these are all the
23 people who work for the Legislative Messenger
24 Service. And we thought it was appropriate to
25 take time out of their busy day to honor them and
3403
1 give them plaudits for the work they do, and
2 really recognize them and thank them.
3 So there are a couple of different
4 things that I think everyone might want to know.
5 They deliver over 95,000 newspapers a year. They
6 deliver, on average, 72,000 packages a year. It
7 is common to deliver over 550 deliveries a day.
8 They have messengers who do computer operations,
9 telephone coordinators. They deal with 600
10 legislative and state offices, including the LOB,
11 State Capitol, all the agency buildings.
12 So while we may think they all come
13 just to our offices and help us out every single
14 day, they're all over the place. And everyone
15 recognizes how important the function they
16 perform for everyone.
17 They also have training
18 opportunities for individuals with disabilities.
19 And I want to read a quote from their website,
20 because I think it's spot on: "Yes, we may have
21 a disability, but we are so much more. We are
22 independent, productive, and part of the
23 community. We are sons, daughters, brothers,
24 sisters, mothers and fathers. We love our
25 families. Our dreams are just like yours and,
3404
1 like you, we know what it takes to get there.
2 "Treat us as equals. Recognize all
3 the uniqueness that makes all of us special. So
4 let us drop the word 'disability' and recognize
5 we are all the same."
6 Now, this came from the staff who
7 helped put this together, of course. We have
8 great people to help us. Some of the words to
9 describe our amazing legislative messenger
10 service: Remarkable work ethic, loyal, joyful,
11 team-oriented, supportive, friendly, incredibly
12 hardworking, professional, dedicated, energetic,
13 helpful, positive, humorous, efficient, kind,
14 caring, compassionate.
15 They are led by two wonderful
16 people, who in terms of years of service are
17 really like newbies compared to some of the
18 people who work there.
19 (Laughter.)
20 SENATOR FLANAGAN: So we have
21 Kevin, Kevin Kather, who is the head of the
22 service. He only has 11 years of service. And
23 Beth is the assistant director, with almost
24 15 years. But I want to just underscore for
25 everyone, if you take in total the years of
3405
1 service of the legislative messengers, it's over
2 500 years of service.
3 So I'm going to ask, as I call your
4 name, if you would be kind enough, if you can, to
5 stand up. We would certainly appreciate it,
6 because I do think it's important.
7 This first gentleman is like the
8 John Marchi of the messenger service, and that's
9 Frank Rotundo, who has almost 41 years of
10 service.
11 (Applause.)
12 SENATOR FLANAGAN: He maxed out a
13 long time ago.
14 Barbara McDonald has almost 40 years
15 of service.
16 (Applause.)
17 SENATOR FLANAGAN: Bill Gerard
18 comes in slightly over 37 years. Not here, okay.
19 (Applause.)
20 SENATOR FLANAGAN: And I think the
21 mayor of the Capitol and the LOB, Barb, has
22 somewhere around just south of 35 years of
23 service.
24 (Applause.)
25 SENATOR FLANAGAN: Bill Faulkner,
3406
1 34 years of service. He's not here either, okay.
2 (Applause.)
3 SENATOR FLANAGAN: Nancy Comley,
4 33½ years. Nancy.
5 (Applause.)
6 SENATOR FLANAGAN: Adam. Adam
7 Denenberg, almost 28 years. Adam.
8 (Applause.)
9 SENATOR FLANAGAN: A fine lad,
10 Patrick O'Hara, with 27 years of service.
11 (Applause.)
12 SENATOR FLANAGAN: Kimberly Lapp,
13 26 years. Kimberly.
14 (Applause.)
15 SENATOR FLANAGAN: Sharon
16 Forkeutis, 24½ years.
17 (Applause.)
18 SENATOR FLANAGAN: Valerie Zeh,
19 24½ years as well.
20 (Applause.)
21 SENATOR FLANAGAN: And Valerie and
22 Sharon started on the same day.
23 Now we have Michael Cohen, at
24 21 years.
25 (Applause.)
3407
1 SENATOR FLANAGAN: Kathy O'Brien,
2 who's one of the messenger coordinators, she's
3 got 21 years as well.
4 (Applause.)
5 SENATOR FLANAGAN: Billy. Where's
6 Billy? Billy Crowe. Billy, 17 years.
7 (Applause.)
8 SENATOR FLANAGAN: Robert DeSieno,
9 16 years.
10 (Applause.)
11 SENATOR FLANAGAN: I mentioned Beth
12 and Kevin.
13 Katherine Griffin, nine years.
14 (Applause.)
15 SENATOR FLANAGAN: Daniel Benes,
16 six and a half years. Okay, he's not here
17 either.
18 (Applause.)
19 SENATOR FLANAGAN: All right.
20 Michelle Daly, five years.
21 (Applause.)
22 SENATOR FLANAGAN: And a man who
23 walks with a swagger from the messenger service,
24 good man Marcus. Marcus, nine and a half years.
25 (Applause.)
3408
1 SENATOR FLANAGAN: Kathleen
2 Schleich at three and a half years, roughly.
3 (Applause.)
4 SENATOR FLANAGAN: And then last
5 but by certainly no means least, Kadija Oliver,
6 with less than a year, but part of the team.
7 (Applause.)
8 SENATOR FLANAGAN: Mr. President,
9 let me just close on this. I think I can take
10 the liberty of trying to speak for my colleagues
11 to a limited extent.
12 We are grateful, we are proud, we
13 are lucky, we are fortunate. And I feel like
14 when I interact with the messengers, it always
15 helps keep things in perspective. We should all
16 be as congenial and as good-spirited as they are.
17 They do fantastic work for all of us and for the
18 public.
19 And so when people talk about people
20 who are public servants, here are an exemplary
21 group of people that I think we should all stand
22 up and a give a thunderous round of applause.
23 (Extended standing ovation.)
24 SENATOR FLANAGAN: Mr. President, a
25 glaring political failure. Probably because the
3409
1 name was so hard to pronounce, Barbara Wojtowicz.
2 Barbara.
3 (Applause.)
4 SENATOR FLANAGAN: With over 23
5 years of service, Mr. President. Thank you.
6 ACTING PRESIDENT MARCELLINO: You
7 will understand if your mail is late tomorrow.
8 (Laughter.)
9 ACTING PRESIDENT MARCELLINO:
10 Senator Maziarz.
11 SENATOR MAZIARZ: Very briefly. I
12 couldn't beat what Senator Flanagan said. I
13 just -- they do an excellent job. Thank you.
14 When my constituents ask me what makes the
15 New York State Senate run, I tell them the great
16 messenger service that we have.
17 I do have to admit that I appreciate
18 and like the Buffalo Bills fans more than I link
19 the New York Giant fans. Right, Adam?
20 ADAM DENENBERG: Right!
21 (Laughter.)
22 SENATOR MAZIARZ: All right.
23 ACTING PRESIDENT MARCELLINO:
24 Senator Griffo.
25 SENATOR GRIFFO: I just wanted to
3410
1 add my voice. Thank you all so much for your
2 hard work. Job well done each and every day.
3 Not only do you do it in a responsible way,
4 you're so respectful and courteous, and you just
5 make everybody smile. Even when we're having a
6 difficult day, we all feel better because of the
7 interaction we have together.
8 So thanks for your hard work, thanks
9 for a job well done. God bless you all.
10 (Applause.)
11 ACTING PRESIDENT MARCELLINO:
12 Senator DeFrancisco.
13 SENATOR DeFRANCISCO: First of all,
14 you look great for 500.
15 (Laughter.)
16 SENATOR DeFRANCISCO: Secondly, you
17 know, everything has been said by John, but I
18 want to praise Senator Flanagan. This is a great
19 idea. You know, in all the stuff we do around
20 here, we always seem to be attracted to those
21 people who are asking us for something or
22 complaining about something. We try to move
23 things and get bills.
24 And sometimes you don't give the
25 recognition to those people who do everything
3411
1 right and make our jobs easier, and we just take
2 it for granted. Because I've never heard a
3 messenger complain, I've never heard a messenger
4 be anything but cheerful and friendly and
5 efficient.
6 So thank you, John, for doing this.
7 We should have done this years ago when you guys
8 were only 400 years old, okay.
9 (Laughter.)
10 SENATOR DeFRANCISCO: So thank you
11 very much.
12 (Applause.)
13 ACTING PRESIDENT MARCELLINO:
14 Senator Kennedy.
15 SENATOR KENNEDY: Thank you,
16 Mr. President.
17 I too want to rise and just
18 congratulate each and every one of you on the
19 tremendous work that you do for each and every
20 one of us every single day.
21 You know, we rely upon you. We see
22 you not just as colleagues of ours and employees
23 of the State of New York, but we've come to
24 recognize you as our friends. And when we're
25 walking down the hall and you're coming at us and
3412
1 we're having a tough day and you're smiling us
2 and you're asking us about our family -- and you
3 know more about us and than even we know about us
4 sometimes -- it really goes a long way to showing
5 the type of people that you are, the type of
6 commitment that you have to your job, to us as
7 Senators, to the State of New York, and to the
8 people that we all serve with each and every one
9 of you.
10 So thank you for your service.
11 Thank you for your smiles. Thank you for your
12 friendship. And keep up the great work.
13 (Applause.)
14 ACTING PRESIDENT MARCELLINO:
15 Senator Breslin.
16 SENATOR BRESLIN: Thank you,
17 Mr. President.
18 As I look over at the messengers who
19 are my coworkers, my friends, people I can put my
20 head onto your shoulder and get advice from, and
21 you're also, for the most part, my constituents.
22 And when the building is empty, I'm generally
23 here during the off season, and thank you for
24 inviting me to your parties -- your birthday
25 parties and Christmas parties and other parties.
3413
1 You have made my life better. You have made my
2 life better for allowing me to be part of your
3 team in many respects.
4 And to your leader, Kevin, for all
5 you've done, and for each and every one of you,
6 you've made our lives better.
7 And to Senator Flanagan, what a
8 wonderful, wonderful gesture to bring you out
9 here, where you belong, to be with us.
10 And it's again my pleasure to know
11 you and your families. And as -- I won't
12 identify the person, but I know frequently on a
13 day when I say "How you doing?" and I get the
14 reply "So far so good." And you know who you
15 are.
16 (Laughter.)
17 SENATOR BRESLIN: And that's what
18 all of us should think about, to have that smile
19 every day to make people's life brighter. Thank
20 you, thank you, thank you.
21 (Applause.)
22 ACTING PRESIDENT MARCELLINO:
23 Senator Ball.
24 SENATOR BALL: Hey guys, how are
25 you? It's an absolute pleasure.
3414
1 I do want to thank Senator Flanagan
2 for doing this. And whoever created this
3 program, I don't know who did, but whoever did do
4 this should truly be commended, and this
5 Legislature should be commended.
6 And I echo the comments of previous
7 colleagues that talk about how this can be a very
8 tough place sometimes, a very tough Capitol. you
9 know, when I think about leaving this Capitol and
10 putting up the spurs on my political career and I
11 think about what I'm going to miss -- because
12 there's a whole heck of a lot of stuff I'm not
13 going to miss. When I think about what I'm going
14 to miss, I consider many of you friends.
15 I know many of you got to know
16 Hannah, the dog I was supposed to not maybe have
17 in the Capitol or whatever, but I did have in the
18 Capitol all the time, and how close many of you
19 became to her and how close you are now to Tito.
20 And when I think about leaving, I
21 know we're supposed to do a party next week, and
22 I told Christa on my staff, I said three things.
23 Number one, Tom O'Mara is going to pay, that's
24 number one.
25 (Laughter.)
3415
1 SENATOR BALL: Number two, we've
2 got to make sure it's at McGeary's. And number
3 three, please make sure that you invite the
4 messengers. And that offer absolutely stands.
5 And I want to thank you from the
6 bottom of my heart for making this a more
7 tolerable, better, humane place. You guys are
8 not just the legislative messengers. For this
9 Capitol, you're messengers from God. And you
10 allow insight for all of the leaders that are
11 here about why we should be here and what we
12 should be fighting for and the humanity that
13 brings us all together.
14 So God bless you each and every one
15 of you, and I look forward to keeping in touch
16 for many years.
17 (Applause.)
18 ACTING PRESIDENT MARCELLINO:
19 Senator Gianaris.
20 SENATOR GIANARIS: Thank you,
21 Mr. President. I want to stand to add my thanks
22 also.
23 I've been in this State Capitol in
24 one capacity or another for 18 years now, which
25 is more than I care to remember, but originally
3416
1 as a staff member in the State Assembly, then as
2 a member of the Assembly, and now the last four
3 as a member of the Senate.
4 And there's never been a day when,
5 encountering one of these fine public servants,
6 where a smile hasn't come on my face even on the
7 most stressful of days. People that take great
8 pride in their work without whom this building
9 could not function, and yet they do it with such
10 a humility and such grace and humor that it makes
11 working here a little bit nicer each day when we
12 cross their paths.
13 So I want to add my words of thanks
14 to all of them and look forward to continuing to
15 see them in the years to come.
16 Thank you.
17 (Applause.)
18 ACTING PRESIDENT MARCELLINO:
19 Senator Libous.
20 SENATOR LIBOUS: Thank you,
21 Mr. President.
22 I too want to join my colleagues and
23 thank Senator Flanagan for the resolution, but
24 thank certainly all of you.
25 And while I don't have the
3417
1 opportunity to give an example for each and every
2 one of you, I'm just going to pick out three
3 folks that have inspired me in your ranks. And
4 certainly all of you have been pretty exciting to
5 work with.
6 But Marcus, where's Marcus? Marcus,
7 if --
8 (Applause.)
9 SENATOR LIBOUS: If you could teach
10 the members of this chamber how to extend their
11 hand like you extend your hand in friendship to
12 all of us, it would be a wonderful place.
13 And I just want to say that it's
14 been a pleasure working with you, and I want to
15 continue to work with you, because every time I
16 see you, you say "Hello, Senator," you always
17 extend your hand of friendship, and that's
18 something very, very special.
19 Where's my girlfriend Barbara?
20 Where is she? Barbara, where are you? Barbara.
21 (Laughter; applause.)
22 SENATOR LIBOUS: And again, I
23 apologize, I can't name -- we'd be here forever.
24 But Barb, you have brought sunshine to so many of
25 our lives, just like your other colleagues have.
3418
1 Every time we see you, you're smiling. You know
2 every one of us by name, you know everything --
3 as I think Senator Kennedy said, you know more
4 about us than we do.
5 And it has been exciting to work
6 with you. We look forward to continuing to work
7 with you and your colleagues. And keep that
8 smile on your face, because we love it.
9 Thank you.
10 (Applause.)
11 SENATOR LIBOUS: And where's my
12 hockey buddy Adam? Where is he, Adam? Adam,
13 Adam, Adam. I miss you, I haven't seen you as
14 much since I've been in the Capitol.
15 But Adam and I talk about hockey, or
16 we have over the years, and he was pretty much up
17 to speed on the Binghamton Senators. And of
18 course, Adam, you know it was no coincidence we
19 named the team the Binghamton Senators.
20 (Laughter.)
21 SENATOR LIBOUS: But anyway, I know
22 that the Rangers aren't doing too good and --
23 ADAM DENENBERG: They're going to
24 lose anyway.
25 (Laughter.)
3419
1 SENATOR LIBOUS: What's scary is
2 he's usually right. He's usually right.
3 But again, I have always enjoyed
4 talking hockey, in particular, and sports with
5 you. And you've certainly brightened up my life,
6 and everybody else here. And thank you for who
7 you are and certainly sharing those stories with
8 us.
9 But to all of you -- and again, I'd
10 love to go through each and every one. But you
11 really have -- you've done something very special
12 for us over the years. What, some 500 years
13 total, that's a long time. And I'm not sure that
14 Senator Flanagan is quite that old yet, but maybe
15 450.
16 (Laughter.)
17 SENATOR LIBOUS: But thank you. I
18 mean from all of us here, we enjoy working with
19 you, we enjoy being a part of what you do every
20 day, and thank you for bringing a lot of cheer --
21 not a little cheer, but a lot of cheer into our
22 lives.
23 God bless each and every one of you.
24 (Applause.)
25 ACTING PRESIDENT MARCELLINO:
3420
1 Senator Larkin.
2 SENATOR LARKIN: Thank you,
3 Mr. President.
4 You know, I look around here and I
5 see 500 years. But when Bill Conklin from
6 Brooklyn, Kenny LaValle and I were staff members,
7 some of you weren't even planned on.
8 But those first months was a
9 gentleman by the name of Mr. Russo. Who
10 remembers Russo from the background there?
11 Gentleman, right? Was he a gentleman?
12 (Response of "Yup," "Yes.")
13 SENATOR LARKIN: Can't hear you.
14 (Shouts of "Yup.")
15 SENATOR LARKIN: But Russo had the
16 heavy stick, right, Ken? But we would take great
17 appreciation by you coming to us.
18 You know, we moved from this
19 building over to the other building, and there
20 was confusion on floors and mail got stressed out
21 the first month or two. But I remember running
22 between here and 813 and then, Kenny, you were in
23 814, and we were back and forth in different
24 rooms. But I never saw one of you saying "Huh,
25 can't do it, it's terrible." I heard you all say
3421
1 "Don't worry, there's always tomorrow."
2 You know, John Flanagan put this
3 together. You know, John has a soft heart
4 because he knows deep down what you mean to us,
5 speaking for all of us. You know, you represent
6 a group of young Americans that have a challenge,
7 and you accepted the challenge and you made
8 things better for everybody else. You made other
9 people realize what they can do and how they can
10 better theirself.
11 You know, we're a better society
12 because of you young people. What did you do?
13 "Good morning, Senator." "Good morning." "Good
14 morning." "Oh, you've got a lot of mail today.
15 Is any of it any good? I hope so." And when
16 you'd bring a box to us, you'd say, "Hope there's
17 some goodies in it."
18 Never, never did I ever see one of
19 you that had had a down day. You might have had
20 a down day inside, but the exposure that you gave
21 to us said to each and every one of us, if we
22 could stop and greet you, thank you for making
23 our day. Thank you for the work you do. Because
24 without you, this place would be a zoo.
25 Thank you, and God bless you.
3422
1 (Applause.)
2 ACTING PRESIDENT MARCELLINO:
3 Senator Marchione.
4 SENATOR MARCHIONE: Thank you.
5 Thank you. I just want to add my thanks to all
6 of you as well.
7 I only have 18 months here; you guys
8 have 500 years. But you know, in my short time
9 here I've the opportunity to meet a lot of nice
10 people, but none nicer than all of you. There's
11 people within your ranks who have invited me to
12 their home. And I'll tell you how touching that
13 is to me that as I walk through the hall, like
14 the rest of you, you always say hello, you make
15 time to visit. And I appreciate that. I
16 appreciate all of your service.
17 I just want to congratulate you on
18 this special day. You are really very, very
19 deserving of this recognition. And I just want
20 to add my thanks to say thank you to each and
21 every one of you. Thank you.
22 (Applause.)
23 ACTING PRESIDENT MARCELLINO:
24 Senator Skelos.
25 SENATOR SKELOS: Thank you,
3423
1 Mr. President.
2 Marcus, let me start off that
3 Senator Libous mentioned how you have a great
4 handshake, and you do. Senator Breslin, be
5 careful of a primary.
6 (Laughter.)
7 SENATOR SKELOS: He's a great young
8 man.
9 And Adam, I've known you for so many
10 years. And my son's name is Adam.
11 And Barbara. Barbara has the way,
12 and so many of you do, to stop you in the hall,
13 especially when you think things are horrible,
14 and really by the smile and asking about whether
15 it's about my wife or my son Adam, who many of
16 you have seen grow up over the years, all of you
17 have a way of putting life in perspective. And
18 for that, we thank you.
19 You know, we all think that this
20 place goes because of us. This place really
21 functions because of you.
22 So I know all of us, Republicans and
23 Democrats here, we respect what you do and we
24 love you as a group and we love you individually.
25 So thank you very much.
3424
1 (Applause.)
2 ACTING PRESIDENT MARCELLINO:
3 Anyone else wishing to speak?
4 Seeing none, the question is on the
5 resolution. All in favor signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT MARCELLINO:
8 Opposed?
9 (No response.)
10 ACTING PRESIDENT MARCELLINO: I
11 hear none.
12 The resolution is adopted.
13 Ladies and gentlemen,
14 congratulations. God bless you. See you soon.
15 (Standing ovation.)
16 ACTING PRESIDENT MARCELLINO:
17 Senator Libous.
18 SENATOR LIBOUS: Mr. President, we
19 want to open the resolution up to all the members
20 of the Senate. If for some reason somebody does
21 not want to go on the resolution, please let the
22 desk know.
23 ACTING PRESIDENT MARCELLINO: The
24 resolution will be open to all. Anyone who
25 doesn't want to be on the resolution just let the
3425
1 desk know.
2 Senator Libous.
3 SENATOR LIBOUS: Mr. President,
4 could you please call on Senator Tkaczyk for the
5 purpose of an announcement, please.
6 ACTING PRESIDENT MARCELLINO:
7 Senator Tkaczyk.
8 SENATOR TKACZYK: Thank you,
9 Mr. President.
10 I have a very special young man in
11 the chambers today that I would like to introduce
12 to everyone. His name is Tyler Benjamin Searles.
13 Could you please stand?
14 (Applause.)
15 SENATOR TKACZYK: Thank you,
16 Senator.
17 ACTING PRESIDENT MARCELLINO:
18 That's because he's a Marine.
19 (Laughter.)
20 SENATOR TKACZYK: Tyler Benjamin
21 Searles last year achieved the Boy Scouts' highest
22 honor of Eagle Scout. And we will be passing a
23 resolution --
24 (Noise from chamber.)
25 ACTING PRESIDENT MARCELLINO:
3426
1 Senator {gaveling}.
2 SENATOR TKACZYK: I'll wait, sure.
3 SENATOR LIBOUS: Mr. President, I
4 think they're taking a picture. And then I think
5 once . . .
6 (Pause.)
7 ACTING PRESIDENT MARCELLINO: Thank
8 you, Senator Tkaczyk, for your indulgence.
9 Please start again.
10 SENATOR TKACZYK: Thank you,
11 Mr. President.
12 I rise today to recognize a
13 constituent from the Town of Ravena, Tyler
14 Benjamin Searles, who is here with us today.
15 Tyler is also joined by his parents, Alicia and
16 Brian Searles. And I want to note that Brian
17 Searles is the director of Senate Revision. He's
18 one of our employees, he's a member of our
19 family.
20 Tyler attained the Eagle Scout rank,
21 and we will be passing a resolution in a few days
22 recognizing his many achievements. But I wanted
23 to especially make sure he got here today and was
24 recognized for his accomplishments because he
25 won't be here in a few days.
3427
1 After graduating from high school,
2 Tyler enlisted in the United States Marine Corps.
3 And he went to basic training on November 18th
4 and graduated February 14th. He completed his
5 school of infantry in Jacksonville, North
6 Carolina, on May the 8th. He is currently
7 stationed in the Marine Corps Air-Ground Combat
8 Center at 29 Palms in California, and will be
9 leaving in a few days to return to California.
10 He is scheduled for deployment to the Middle East
11 in September for seven months.
12 One of the projects that Tyler
13 engaged in to obtain his Eagle Scout recognition
14 was to help his local VFW post in Ravena,
15 Post 9594. They had a program called a Medical
16 Equipment Loan Program, and what this program did
17 was to provide medical equipment to anyone who
18 needed it. And we're talking about crutches,
19 wheelchairs, walkers.
20 The program was being taken over by
21 the Knights of Columbus, but they needed someone
22 to help with the transfer, to take care of the
23 equipment, to clean it, to recycle what wasn't
24 going to be used. Tyler did that on his own and
25 cleaned up the space, recycled what could be
3428
1 used, and made sure that the things that were
2 going to be used were transferred to the folks
3 who were doing the loan program.
4 This is a young man who his family
5 is incredibly proud of, we are all proud of.
6 This is a young man who inspires people like me
7 every day to work as hard as we possibly can for
8 our young people who are going out and doing the
9 right thing and going out and doing things like
10 enlisting in the Marine Corps and serving our
11 country.
12 Please join me in congratulating
13 Tyler on his accomplishments and to give him
14 Godspeed and good wishes on his future endeavors.
15 And I'd like to also add that he's a member of
16 our family because his dad is one of our
17 employees in the State Senate.
18 (Applause.)
19 ACTING PRESIDENT MARCELLINO:
20 Senator Libous.
21 SENATOR LIBOUS: Thank you,
22 Mr. President.
23 Senator Tkaczyk, thank you for
24 bringing Tyler to the chamber today and certainly
25 recognizing him.
3429
1 And Tyler, I just want to join my
2 colleague in saying thank you to you, certainly
3 for not only your service but for what you've
4 contributed and for the great things that you do.
5 And I did want to add this, that
6 certainly your dad has been a good and trusted
7 and loyal employee for the New York State Senate.
8 And certainly I can see that the acorn did not
9 fall too far from the tree and that you're
10 following in his footsteps and certainly making
11 him proud of the accomplishments that you not
12 only have done to date but will continue to do.
13 So Tyler, it's exciting for us to
14 have you in the chamber, and again I thank
15 Senator Tkaczyk for doing it.
16 And certainly, Brian, you should be
17 very proud of your son. He is an outstanding
18 young man. And it's just an honor to have you in
19 our family here in the Senate and to be able to
20 share his great qualities with all the members of
21 this house.
22 Thank you, Mr. President.
23 ACTING PRESIDENT MARCELLINO:
24 Senator Sanders.
25 SENATOR SANDERS: Thank you,
3430
1 Mr. President.
2 First I'd like to draw attention and
3 thank my colleague for having this, and to say
4 that as the father of a Marine, you really have
5 done something extraordinary, sir. And an
6 Eagle Scout on top of that. You've been busy,
7 and it shows.
8 To my now colleague, from the halls
9 of Montezuma to the shores of Tripoli, folks have
10 done it, they've gone before you, they've upheld
11 a very proud legacy. I'm sure that you will not
12 let us down. And this is what your armed forces
13 looks like.
14 So I want to congratulate you and
15 wish you Godspeed. I look forward to when you
16 come back safe and sound and we can have some
17 stories that perhaps cannot be told in public.
18 Semper Fi.
19 ACTING PRESIDENT MARCELLINO:
20 Tyler, you have the best wishes of the Senate.
21 We offer you the courtesies of the house, and
22 thank you and God bless you.
23 Senator Libous.
24 SENATOR LIBOUS: Thank you,
25 Mr. President.
3431
1 I believe we have a resolution by
2 Senator Rivera at the desk, Number 5760. Please
3 read it in its entirety and call on the good
4 Senator.
5 ACTING PRESIDENT MARCELLINO: The
6 clerk will read.
7 THE SECRETARY: Legislative
8 Resolution Number 5760, by Senator Rivera,
9 memorializing Governor Andrew M. Cuomo to
10 proclaim June 2014 as Immigrant Heritage Month in
11 the State of New York.
12 "WHEREAS, Generations of immigrants
13 from every corner of the globe have built our
14 country's economy and created the unique
15 character of our nation and state; and
16 "WHEREAS, Immigrants continue to
17 grow businesses, innovate, strengthen our economy
18 and create jobs in New York State; and
19 "WHEREAS, Immigrants have provided
20 the United States of America and New York State
21 with unique social and cultural influence,
22 fundamentally enriching the extraordinary
23 character of each; and
24 "WHEREAS, Immigrants constitute a
25 vital segment not only in our state's community
3432
1 and economic affairs, but also our state's
2 democracy; and
3 "WHEREAS, Immigrants comprise more
4 than a quarter of our state's workforce, and for
5 that reason the care and well-being of these
6 individuals is not only a priority for this body,
7 but a necessity for the economic health of this
8 state; and
9 "WHEREAS, Immigrants account for
10 nearly a third of New York's economic output in
11 metropolitan areas and produce more than a fifth
12 of new York's gross domestic product; and
13 "WHEREAS, Foreign-born students
14 seeking educational opportunities in New York
15 contribute billions of dollars to the state in
16 their journey to success; and
17 "WHEREAS, Immigrants have been
18 tireless leaders not only in securing their own
19 rights and access to equal opportunity, but have
20 also campaigned to create a fairer and more just
21 society for all Americans; and
22 "WHEREAS, Despite these countless
23 contributions, the role of immigrants in building
24 and enriching our nation has frequently been
25 overlooked and undervalued throughout our history
3433
1 and continuing to the present day; and
2 "WHEREAS, It is imperative that
3 there be greater public awareness and increased
4 recognition of the contributions of immigrant
5 communities at the local, state and national
6 levels; now, therefore, be it
7 "RESOLVED, That this Legislative
8 Body pause in its deliberations to memorialize
9 Governor Andrew M. Cuomo to proclaim June 2014,
10 as Immigrant Heritage Month in the State of
11 New York; and be it further
12 "RESOLVED, That copies of this
13 resolution, suitably engrossed, be transmitted
14 to the Honorable Andrew M. Cuomo, Governor of the
15 State of New York, and to the events
16 commemorating Immigrant Heritage Month throughout
17 New York State."
18 ACTING PRESIDENT MARCELLINO:
19 Senator Rivera.
20 SENATOR RIVERA: Thank you,
21 Mr. President.
22 My colleagues, I rise today to pause
23 for a second so that we can think about all of
24 the people across the State of New York which add
25 to the character of the State of New York and add
3434
1 value to the State of New York. And in
2 particular I'm talking about all the immigrant
3 communities that make up our districts, our
4 state, all the way from the Bronx to Western
5 New York to the northern part of the state and
6 all across.
7 Just in my district, I represent
8 about 318,000 folks just in that small district
9 in the Bronx. Whether you have a Puerto Rican
10 community that has been vibrant and growing there
11 and been there for a long time; a Dominican
12 community that is actually, in the Bronx, the
13 largest Dominican community outside of
14 Santo Domingo; whether you have African
15 communities, whether it's from Ghana or the
16 Ivory Coast; Albanians, Hondurans, like the
17 Garifuna community that we've honored on this
18 floor before; the Vietnamese; the Mexican
19 community; the Italian community that made up so
20 much of one part of my district for a long time,
21 and some of them moved away but are still
22 there -- all of these communities make up the
23 greatness that is the State of New York, but
24 certainly the Bronx.
25 And just some of the numbers
3435
1 mentioned in the resolution, whether we're
2 talking about the fact that immigrant populations
3 comprise more than a quarter of our state's
4 workforce, the fact that they account for nearly
5 a third of the economic output of the entire
6 state or that they produce more than a fifth of
7 New York's gross domestic product.
8 So whether it's the cultural
9 heritage, whether it's the economic benefits,
10 these are millions of New Yorkers that are
11 immigrants that make New York their home. And
12 these New Yorkers, we need to stop for a second
13 and recognize them and know that without them,
14 New York wouldn't be the state that it is.
15 So I, Mr. President, take a second
16 to thank all of these immigrant communities for
17 making New York their home. Because of their
18 presence here, we are a better state. Whether
19 it's in the Bronx, in Brooklyn, all the way up in
20 Buffalo, in the northern parts of the state,
21 everywhere, these communities make our state
22 better, more vibrant, and I'm glad that we are
23 taking a second to recognize them on this floor.
24 Thank you, Mr. President.
25 ACTING PRESIDENT MARCELLINO: Thank
3436
1 you, Senator.
2 The question is on the resolution.
3 All in favor signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT MARCELLINO:
6 Opposed, nay.
7 (No response.)
8 ACTING PRESIDENT MARCELLINO: The
9 resolution is adopted.
10 Senator Libous.
11 SENATOR LIBOUS: Mr. President, I
12 believe Senator Kennedy has a previously adopted
13 resolution at the desk, Number 5615. He would
14 like the title read only, and then he would like
15 to be called on to speak on the resolution.
16 ACTING PRESIDENT MARCELLINO: The
17 clerk will read the title only.
18 THE SECRETARY: Legislative
19 Resolution Number 5615, by Senator Kennedy,
20 mourning the death of Richard L. Berger,
21 distinguished citizen and devoted member of his
22 community.
23 ACTING PRESIDENT MARCELLINO: On
24 the resolution, Senator Kennedy.
25 SENATOR KENNEDY: Thank you,
3437
1 Mr. President.
2 I rise today to remember Richard L.
3 "Rick" Berger and honor his many accomplishments
4 as a devoted husband and father, a decorated
5 serviceman, and a businessman who was very
6 successful as a leader in our community.
7 Mr. Berger passed away earlier this
8 year on February 25, 2014, at the age of 67. We
9 send our thoughts and prayers to his family and
10 friends as they mourn this tremendous loss to our
11 community.
12 Rick was born on January 19, 1947,
13 in Erie, Pennsylvania. He attended Bowling Green
14 University in Ohio and proudly served this nation
15 as a member of the United States Air Force, where
16 he climbed the ranks to become an Air Force
17 captain. We thank Mr. Berger and his family for
18 sacrifice and valiant service to our country.
19 After leaving the Air Force, Rick
20 began a career in business and quickly
21 demonstrated the talents and skills necessary to
22 succeed and help companies grow. A hardworking
23 man full of grit and determination, Rick proved
24 himself and worked steadily through all sorts of
25 business work in our community and throughout the
3438
1 United States. He served as a vice president,
2 president and CEO of several companies and helped
3 drive them to success.
4 Mr. Berger's long career took him
5 all over the country. And fortunately for those
6 of us in Western New York, it led him to Buffalo.
7 Rick's most indelible impression in business came
8 when he cofounded the business consulting firm
9 inVentures Group in Buffalo.
10 Mr. Berger distinguished himself in
11 his profession, and he demonstrated sincere
12 dedication to our community. He supported and
13 served on the boards of several key community
14 groups such as the Buffalo and Erie County Public
15 Library, the Library Foundation and Riverkeeper.
16 And he worked on the Westminster Economic
17 Development Initiative. He was also an elder at
18 the Westminster Presbyterian Church.
19 It's folks like Rick Berger that
20 have made Buffalo a great place to start a
21 business and an even better place to raise a
22 family. Rick is survived by his wife, Nancy,
23 their son, Troy, and his sister Lin Blakely.
24 A compassionate man who worked hard
25 to support his family and help his community
3439
1 thrive, Rick Berger leaves behind a legacy that
2 will remain as a comforting memory to all who
3 knew him.
4 I know members of Rick's family are
5 watching with us today, along with his friends
6 and colleagues at inVentures Group. We send our
7 thoughts and prayers to his friends and family as
8 they mourn his loss with us. May he rest in
9 peace.
10 Thank you, Mr. President.
11 ACTING PRESIDENT MARCELLINO: Thank
12 you, Senator Kennedy.
13 The resolution was previously
14 adopted.
15 Senator Libous.
16 SENATOR LIBOUS: Thank you,
17 Mr. President.
18 I believe Senator Tkaczyk has a
19 resolution at the desk, Number 5358. If you
20 would read its title and please call on the
21 Senator.
22 ACTING PRESIDENT MARCELLINO: The
23 Secretary will read the title.
24 THE SECRETARY: Legislative
25 Resolution Number 5358, by Senator Tkaczyk,
3440
1 honoring student-athlete Nick Gwiazdowski upon
2 the occasion of becoming the first Capital Region
3 wrestler to win an NCAA Division I wrestling
4 title.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Tkaczyk.
7 SENATOR TKACZYK: Thank you,
8 Mr. President.
9 I have another very special young
10 man in the chambers today, and I'd like to
11 introduce him and talk to him and also recognize
12 that his parents, Suzanne and John Gwiazdowski,
13 are also here in the chamber with us.
14 And Nick is from Duanesburg. We
15 don't all have difficult-to-say names in
16 Duanesburg.
17 But this is an incredible young man
18 that needs to be recognized. While he was in
19 high school at Duanesburg, Nick was a two-time
20 New York State champion. He posted a 50-0 record
21 in his senior season. None of his opponents that
22 year finished their match. He had 43 pins and
23 seven forfeits. That year he won the Junior Wade
24 Schalles Award, which is given to the high school
25 wrestler with the most pins in the country. He
3441
1 was a two-time team captain of Duanesburg and
2 finished high school with 199 victories.
3 This is really special, because
4 Duanesburg is such a small school. His
5 graduating class was probably less than 70 kids.
6 And we recognized a couple of weeks ago some
7 outstanding coaches, one of them being Joe Benna,
8 who was Nick's coach at Duanesburg.
9 In his first year in college, Nick
10 compiled a 30-to-9 record at Binghamton. He won
11 the 2012 Colonial Athletic Association Conference
12 Tournament and was named the 2012 Conference's
13 Rookie of the Year. When his coach there, Pat
14 Popolizio, left Binghamton for North Carolina
15 State, Nick followed him there and this year
16 really shined. He was the Atlantic Coast
17 Conference champion and then beat the two-time
18 defending champion to become the NCAA champion in
19 his weight class.
20 Just as impressive, while he was
21 compiling these amazing accomplishments, Nick was
22 also an outstanding student. He was on the honor
23 roll while wrestling for Duanesburg in high
24 school, and was named to the All-American Team by
25 the National Wrestling Coaches Association at
3442
1 both Binghamton and North Carolina State.
2 These are tremendous achievements by
3 a great student-athlete and role model, and I
4 can't imagine the hard work that Nick did to get
5 to this level. But we are really incredibly
6 proud of his accomplishments. I know his
7 parents are incredibly proud. The entire town of
8 Duanesburg is incredibly proud to know him. I
9 even have kids who have wrestled him in the past
10 come up to me and say "I wrestled Nick. I
11 wrestled an NCAA champion and lost." But they're
12 incredibly proud that they got to know Nick.
13 I can't wait to see what he does in
14 his next two years at NC State. But I would like
15 to welcome my colleagues in recognizing Nick to
16 our chamber and congratulating him on his
17 tremendous success so far.
18 (Applause.)
19 ACTING PRESIDENT MARCELLINO: Nick,
20 congratulations for your achievements. We wish
21 you well in the future, and when you win the next
22 Olympics, come back and see us.
23 Senator Libous.
24 SENATOR LIBOUS: Mr. President, I
25 want to stand up and congratulate Nick also.
3443
1 Nick, I know this would surprise
2 you, but this body wrestled at one time many,
3 many years ago. What are you laughing for?
4 ACTING PRESIDENT MARCELLINO: He's
5 waiting for you to stand up, sir.
6 (Laughter.)
7 SENATOR LIBOUS: You might look
8 like this one day.
9 But I wanted to say, as the Senator
10 in Binghamton, I'm not sure you're aware of this,
11 but Binghamton lost its wrestling program for a
12 number of years. And I would like to take some
13 credit for getting back it back for them, because
14 I did work with I believe one of the Baldwin
15 brothers, I can't remember -- I want to say Billy
16 Baldwin. Thank you, Eric. It was Billy Baldwin.
17 And I know it was killing him to work with a
18 Republican, but he told me that I was one of the
19 nicer ones that he had ever met.
20 But we did reinstate the wrestling
21 program in Binghamton. I'm glad that, you know,
22 you at least spent a bit of your time there. And
23 I want to say congratulations to you and
24 certainly, as Senator Tkaczyk and Senator
25 Marcellino have said, that we hope to have you
3444
1 back here one day with bigger and greater
2 accomplishments.
3 But congratulations for what you've
4 done so far. And, you know, Binghamton is a
5 great place, and I'm glad to see that the
6 wrestling team is certainly paying off and
7 producing champions like yourself.
8 Congratulations.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Libous, the resolution was previously
11 adopted.
12 SENATOR LIBOUS: She's got me
13 working today.
14 Can we return to motions?
15 ACTING PRESIDENT MARCELLINO: We
16 will return to motions.
17 SENATOR LIBOUS: On behalf of
18 Senator Felder, on page 36 I offer the following
19 amendments to Calendar Number 671, Senate Print
20 7062, and ask that said bill retain its place on
21 the Third Reading Calendar.
22 ACTING PRESIDENT MARCELLINO: So
23 ordered.
24 SENATOR LIBOUS: Mr. President, at
25 this time I would call an immediate meeting of
3445
1 the Rules Committee in Room 332. There will be
2 an immediate meeting of the Rules Committee in
3 Room 332.
4 ACTING PRESIDENT MARCELLINO:
5 There will be an immediate meeting of the Rules
6 Committee in Room 332.
7 The Senate will stand at ease until
8 the Rules Committee returns.
9 (Whereupon, the Senate stood at ease
10 at 1:03 p.m.)
11 (Whereupon, the Senate reconvened at
12 1:41 p.m.)
13 SENATOR LIBOUS: Mr. President.
14 ACTING PRESIDENT GRIFFO: Senator
15 Libous.
16 SENATOR LIBOUS: I believe there's
17 a report of the Rules Committee at the desk. Can
18 we have the report read at this time.
19 ACTING PRESIDENT GRIFFO: The
20 Senate will come to order.
21 There is a report of the
22 Resolution Calendar at the desk, and the
23 Secretary will read.
24 THE SECRETARY: Senator Skelos,
25 from the Committee on Rules, reports the
3446
1 following bills:
2 Senate Print 698, by Senator
3 Grisanti, an act to amend the Labor Law;
4 Senate 902, by Senator Martins, an
5 act to amend the Labor Law;
6 Senate 1187A, by Senator Maziarz, an
7 act to amend the Public Authorities Law;
8 Senate 1205, by Senator Carlucci, an
9 act to amend the Real Property Tax Law;
10 Senate 1593B, by Senator Grisanti,
11 an act to amend the Executive Law;
12 Senate 1876A, by Senator Bonacic, an
13 act to amend the County Law;
14 Senate 2838B, by Senator Parker, an
15 act in relation to requiring;
16 Senate 3054, by Senator Hannon, an
17 act to authorize the assessor;
18 Senate 3246, by Senator Carlucci, an
19 act to amend the State Administrative Procedure
20 Act;
21 Senate 3361, by Senator DeFrancisco,
22 an act to amend the Labor Law;
23 Senate 3476A, by Senator Hannon, an
24 act authorizing the assessor;
25 Senate 3563, by Senator Seward, an
3447
1 act to amend the Environmental Conservation Law;
2 Senate 3592, by Senator O'Mara, an
3 act to amend the General Municipal Law;
4 Senate 3981B, by Senator Lanza, an
5 act to amend the Not-for-Profit Corporation Law;
6 Senate 3983, by Senator Lanza, an
7 act to amend the Public Health Law;
8 Senate 4067, by Senator DeFrancisco,
9 an act to amend the Social Services Law;
10 Senate 4095, by Senator Robach, an
11 act to amend the State Finance Law;
12 Senate 4337B, by Senator Young, an
13 act to amend the Public Health Law;
14 Senate 4461B, by Senator Klein, an
15 act to amend the General Municipal Law;
16 Senate 4714A, by Senator Larkin, an
17 act to amend the Retirement and Social Security
18 Law;
19 Senate 4848, by Senator Latimer, an
20 act to amend the Education Law;
21 Senate 4998, by Senator Lanza, an
22 act to amend the Environmental Conservation Law;
23 Senate 5133, by Senator Zeldin, an
24 act to amend the Environmental Conservation Law;
25 Senate 5317, by Senator Marcellino,
3448
1 an act to amend the General Municipal Law;
2 Senate 5786, by Senator DeFrancisco,
3 an act to amend the Insurance Law;
4 Senate 5857, by Senator Boyle, an
5 act to authorize;
6 Senate 6142A, by Senator Golden, an
7 act to amend the Social Services Law;
8 Senate 6164, by Senator Grisanti, an
9 act to amend the Labor Law;
10 Senate 6360A, by Senator Valesky, an
11 act to amend the Agriculture and Markets Law;
12 Senate 6467A, by Senator Golden, an
13 act to amend the General Municipal Law;
14 Senate 6478A, by Senator
15 Ranzenhofer, an act to repeal Chapter 154 of the
16 Laws of 1921;
17 Senate 6574, by Senator Ritchie, an
18 act to amend the Environmental Conservation Law;
19 Senate 6629, by Senator Ball, an act
20 to amend the Labor Law;
21 Senate 6672A, by Senator Klein, an
22 act to amend the Insurance Law;
23 Senate 6726, by Senator Golden, an
24 act to amend the General Municipal Law;
25 Senate 6848, by Senator Marcellino,
3449
1 an act to amend the Public Health Law;
2 Senate 6959A, by Senator Flanagan,
3 an act in relation to extending;
4 Senate 7047, by Senator O'Mara, an
5 act to amend the Agriculture and Markets Law;
6 Senate 7050A, by Senator Gallivan,
7 an act in relation to the Town of Eagle;
8 Senate 7093, by Senator Hoylman, an
9 act to amend the Penal Law;
10 Senate 7109, by Senator Gallivan, an
11 act providing;
12 Senate 7111B, by Senator Grisanti,
13 an act to amend the Labor Law;
14 Senate 7191, by Senator Nozzolio, an
15 act to amend Chapter 159 of the Laws of 1929;
16 Senate 7229B, by Senator LaValle, an
17 act in relation to authorizing;
18 Senate 7325A, by Senator Martins, an
19 act to incorporate;
20 Senate 7352, by Senator Martins, an
21 act to amend the Local Finance Law;
22 Senate 7480, by Senator Hannon, an
23 act to amend the Public Health Law;
24 Senate 7485, by Senator LaValle, an
25 act to amend the Real Property Tax Law;
3450
1 Senate 7592, by Senator Hannon, an
2 act to amend the Public Health Law;
3 Senate 7601B, by Senator Hannon, an
4 act to amend the Public Health Law;
5 Senate 7687, by Senator Marchione,
6 an act to authorize the assessor;
7 Senate 7688, by Senator Marchione,
8 an act to authorize the assessor;
9 Senate 7689, by Senator Marchione,
10 an act to authorize the assessor;
11 And Senate 7711, by Senator Farley,
12 an act relating to a certain agreement.
13 All bills reported direct to third
14 reading.
15 ACTING PRESIDENT GRIFFO: Senator
16 Libous.
17 SENATOR LIBOUS: Thank you,
18 Mr. President. Can we move to accept the report
19 of the Rules Committee.
20 ACTING PRESIDENT GRIFFO: All in
21 favor of accepting the Committee on Rules report
22 signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT GRIFFO: Opposed?
25 (No response.)
3451
1 ACTING PRESIDENT GRIFFO: The Rules
2 Committee report is accepted.
3 Senator Libous.
4 SENATOR LIBOUS: Mr. President, at
5 this time could we have the reading of the
6 noncontroversial calendar.
7 ACTING PRESIDENT GRIFFO: The
8 Secretary will read today's active list,
9 noncontroversial.
10 THE SECRETARY: Calendar Number
11 177, by Senator Lanza, Senate Print 3598, an act
12 to amend the Public Authorities Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 56. Nays, 1.
21 Senator Rivera recorded in the negative.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 246, by Senator Ranzenhofer, Senate Print 4324A,
3452
1 an act to amend the Not-for-Profit Corporation
2 Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 57.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 300, substituted earlier by Member of the
15 Assembly Magee, Assembly Print 8679, an act to
16 amend the Alcoholic Beverage Control Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 180th day.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT GRIFFO: Senator
25 Krueger to explain her vote.
3453
1 SENATOR KRUEGER: Thank you very
2 much, Mr. President. I rise to explain my vote
3 no on this bill.
4 Well, of course an obvious role for
5 the Alcoholic Beverage Control Board to play is
6 to ensure that alcohol, beer and wine and other
7 liquor-industry activities are related to
8 economic development in this state. It is also
9 crucial that we not forget a community's right to
10 have a say in whether there is overutilization of
11 licenses, too much going on in their specific
12 community, too many licenses, too many retail
13 activities.
14 And I am very concerned that with
15 this change in law we would find that communities
16 had much less say over their own destinies when
17 it comes to alcohol, beer and wine, and I am
18 voting no. Thank you.
19 ACTING PRESIDENT GRIFFO: Senator
20 Krueger to be recorded in the negative.
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar Number 300, those recorded in the
24 negative are Senators Avella, DÃaz, Gianaris,
25 Krueger, Montgomery, Perkins, Rivera, Sanders,
3454
1 Serrano and Squadron.
2 Ayes, 47. Nays, 10.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 315, by Senator Lanza, Senate Print 6624, an act
7 to amend Chapter 130 of the Laws of 1998.
8 ACTING PRESIDENT GRIFFO: There is
9 a home-rule message at the desk.
10 The Secretary will read the
11 substitution.
12 THE SECRETARY: On page 18, Senator
13 Lanza moves to discharge, from the Committee on
14 Local Government, Assembly Bill Number 8853 and
15 substitute it for the identical Senate Bill
16 Number 6624, Third Reading Calendar 315.
17 ACTING PRESIDENT GRIFFO:
18 Substitution so ordered.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 315, by Member of the Assembly Farrell, Assembly
22 Print 8853, an act to amend Chapter 130 of the
23 Laws of 1998.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
3455
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 333, by Senator Ranzenhofer, Senate Print 6718B,
11 an act to amend Chapter 154 of the Laws of 1921.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect upon enactment into law by
16 the State of New Jersey.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 366, substituted earlier by Member of the
25 Assembly Robinson, Assembly Print 9057, an act to
3456
1 amend Chapter 322 of the Laws of 2007.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 57.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 445, by Senator Klein, Senate Print 6579A, an act
14 to amend the Local Finance Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 SENATOR GIANARIS: Lay it aside.
18 ACTING PRESIDENT GRIFFO: Lay the
19 bill aside.
20 THE SECRETARY: Calendar Number
21 489, by Senator Klein, Senate Print 2331B, an act
22 to amend the Insurance Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 7. This
3457
1 act shall take effect on the 180th day.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 57.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 521, by Senator Bonacic, Senate Print 5372A, an
10 act to amend the Civil Practice Law and Rules.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first of January.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 524, by Senator Bonacic, Senate Print 7142, an
23 act to amend the Domestic Relations Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
3458
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 530, by Senator Bonacic, Senate Print 2016, an
11 act to amend the Social Services Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 120th day.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 566, by Senator Hannon, Senate Print 7140, an act
24 to amend the Public Health Law.
25 ACTING PRESIDENT GRIFFO: Read the
3459
1 last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 54. Nays, 3.
8 Senators Perkins, Rivera and Serrano recorded in
9 the negative.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 593, by Senator Ball, Senate Print 6563A, an act
14 to amend the Real Property Tax Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the first of January.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 57.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3460
1 595, by Senator Farley, Senate Print 2932A, an
2 act to amend the Banking Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 57.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 608, substituted earlier by Member of the
15 Assembly Magnarelli, Assembly Print Number 8819,
16 an act to amend the Not-for-Profit Corporation
17 Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 57.
3461
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 625, by Senator Avella, Senate Print 6903B, an
5 act to amend the Environmental Conservation Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 180th day.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 53. Nays, 4.
14 Senators Ball, Bonacic, Marchione and Zeldin
15 recorded in the negative.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 643, by Senator LaValle, Senate Print 1032, an
20 act to amend the Vehicle and Traffic Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the 180th day.
25 ACTING PRESIDENT GRIFFO: Call the
3462
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 56. Nays, 1.
4 Senator Perkins recorded in the negative.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 644, by Senator Flanagan, Senate Print 1448, an
9 act to amend the Vehicle and Traffic Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 180th day.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 647, by Senator LaValle, Senate Print 2036, an
22 act to amend the Vehicle and Traffic Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 3. This
3463
1 act shall take effect on the 180th day.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 56. Nays, 1.
6 Senator Perkins recorded in the negative.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 650, by Senator Golden, Senate Print 2749A, an
11 act to amend the Vehicle and Traffic Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 180th day.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 651, by Senator Nozzolio, Senate Print 2918, an
24 act to amend the Vehicle and Traffic Law.
25 ACTING PRESIDENT GRIFFO: Read the
3464
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of April.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 55. Nays, 2.
8 Senators Bonacic and Perkins recorded in the
9 negative.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 654, by Senator LaValle, Senate Print 3521A, an
14 act to amend the Vehicle and Traffic Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect on the 180th day.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 56. Nays, 1.
23 Senator Perkins recorded in the negative.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3465
1 THE SECRETARY: Calendar Number
2 657, by Senator Ritchie, Senate Print 4062, an
3 act to amend the Vehicle and Traffic Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 56. Nays, 1.
12 Senator Perkins recorded in the negative.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 660, by Senator Latimer, Senate Print 6861A, an
17 act to amend the Vehicle and Traffic Law.
18 ACTING PRESIDENT GRIFFO: There is
19 a home-rule message at the desk.
20 Read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 60th day.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
3466
1 THE SECRETARY: Ayes, 57.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 661, by Senator Nozzolio, Senate Print 6873, an
6 act to amend the Vehicle and Traffic Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 180th day.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 664, by Senator Martins, Senate Print 985A, an
19 act to amend the Civil Practice Law and Rules.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
3467
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 666, by Senator Flanagan, Senate Print 5212A, an
7 act to amend the Real Property Tax Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 120th day.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: In relation to
16 Calendar 666, those recorded in the negative are
17 Senators Ball, DeFrancisco, Griffo, Marchione,
18 O'Mara, Ranzenhofer and Seward.
19 Ayes, 50. Nays, 7.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: In relation to
23 Calendar 666, those recorded in the negative are
24 Senators Ball, DeFrancisco, Farley, Griffo,
25 Marchione, Nozzolio, O'Mara, Ranzenhofer and
3468
1 Seward.
2 Ayes, 48. Nays, 9.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 668, substituted earlier by Member of the
7 Assembly Braunstein, Assembly Print Number 9757,
8 an act to amend the Estates, Powers and Trusts
9 Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 679, by Senator DeFrancisco, Senate Print 6206,
22 an act to amend the State Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3469
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT GRIFFO: Senator
6 DeFrancisco to explain his vote.
7 SENATOR DeFRANCISCO: Yes, I know
8 we had a spirited debate on a similar bill
9 dealing with yogurt, and at that time I think I
10 mentioned that it's important, these types of
11 bills designating different state symbols, for
12 education purposes with our young people.
13 And in this case, this was an idea
14 brought to us by Irene Manna's fourth-grade class
15 in Skaneateles. You probably don't know this,
16 but the wood frog is already the unofficial
17 amphibian of the state. And a young girl in that
18 class, Lili Winkelman, thought why is that? She
19 loves frogs; why should it be unofficial? And
20 she said, "What do we have to do," to her
21 teacher, "to make it happen?"
22 So she contacted our office, and we
23 put in a bill, and it's also supported in the
24 Assembly by an Assemblymember.
25 And each of the class members wrote
3470
1 these reasons why, wrote letters to me, the
2 reasons why and arguing why this should happen.
3 And they're outstanding letters and making more
4 cogent arguments than many of us do here on a
5 regular basis.
6 And the arguments given for this
7 particular bill was: Did you know that wood
8 frogs actually recognize their brothers and
9 sisters? There was a study done, and there was a
10 little paint put on them, and they were sent back
11 into some area, and they all gathered together by
12 family.
13 Wood frogs actually are able to
14 freeze their organs, their organs freeze in the
15 middle of winter -- and that's important in
16 Syracuse -- in the middle of winter, and they
17 revitalize in the spring.
18 Wood frogs are also being used for
19 research in diabetes. And that's done because
20 they can accept much more sugar in their system
21 than we can.
22 So there's many, many reasons and
23 good reasons why this designation of "unofficial"
24 should be taken away from the wood frog and the
25 official amphibian of the state should be the
3471
1 wood frog.
2 Last point. We talk about, all the
3 time, how voting is down in our communities, how
4 people are not interested in government, how
5 people just should be civically responsible and
6 involved. Well, here's a fourth-grade class on
7 their own initiative that's suggesting
8 legislation, lobbying for legislation, and
9 gaining a stake in our system.
10 So I congratulate Lili Winkelman and
11 the fourth-grade class at the State Street
12 Intermediate School in Skaneateles, and I'm happy
13 to see that this is going to pass unanimously
14 today in this session.
15 Thank you.
16 ACTING PRESIDENT GRIFFO: Senator
17 DeFrancisco to be recorded in the affirmative.
18 Senator Squadron to explain his
19 vote.
20 SENATOR SQUADRON: I want to
21 congratulate Senator DeFrancisco on this
22 occasion. I'll vote aye, Mr. President.
23 (Laughter.)
24 ACTING PRESIDENT GRIFFO: Senator
25 Squadron to be recorded in the affirmative.
3472
1 Senator Bonacic to explain his vote.
2 SENATOR BONACIC: Thank you,
3 Mr. President.
4 You know, I don't know too much
5 about frogs. When I was young, Kermit the Frog
6 was the one that I kind of liked because he was
7 always portrayed in a positive way.
8 I want to tell you a little story
9 about a frog that I've come to know better in the
10 last six months, and that is the cricket frog.
11 And what I have seen happen over the
12 last decade is the empowerment of the DEC to wrap
13 themselves around the protection of some kind of
14 species -- in this case, the cricket frog -- and
15 in my district, in Florida, Glenmere Lake, in a
16 draft report, they said for three miles around
17 this lake -- a draft report, now; it's not
18 official regulation -- no construction could take
19 place for the protection of the cricket frog.
20 That means if you owned a house and
21 wanted to put a porch on, you had to go through
22 DEC, you had to have it surveyed out, you had to
23 hire people to make sure you didn't interfere
24 with that cricket frog.
25 So when we start empowering a
3473
1 particular species, what happens is the DEC gets
2 more empowered and dilutes property rights in the
3 name of overregulation. And for that reason, I'm
4 voting no on this particular bill.
5 Thank you, Mr. President.
6 (Laughter.)
7 ACTING PRESIDENT GRIFFO: Senator
8 Bonacic to be recorded in the negative.
9 Senator DeFrancisco, you've already
10 explained your vote. We're on explanation of
11 votes.
12 SENATOR DeFRANCISCO: I have a
13 point of order.
14 ACTING PRESIDENT GRIFFO: What is
15 your point of order, Senator DeFrancisco?
16 SENATOR DeFRANCISCO: My point of
17 order is in view of the fact that the argument is
18 not germane to this bill, that I'm asking that it
19 be stricken from the record.
20 (Laughter.)
21 ACTING PRESIDENT GRIFFO: Absent a
22 frog in his throat, the record will stand as is.
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar 679, those recorded in the negative are
3474
1 Senators Ball, Bonacic, Libous, Perkins and
2 Zeldin.
3 Ayes, 52. Nays, 5.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 694, by Senator Griffo, Senate Print 3907, an act
8 to amend the Education Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT GRIFFO: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar Number 694, those recorded in the
20 negative are Senators Addabbo, Avella, Breslin,
21 Dilan, Gianaris, Gipson, Kennedy, Krueger,
22 Montgomery, Parker, Peralta, Perkins, Rivera,
23 Sanders, Serrano, Squadron, Stavisky and
24 Stewart-Cousins. Also Senator Little.
25 Ayes, 38. Nays, 19.
3475
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 697, by Senator Flanagan, Senate Print 5360, an
5 act to amend the Education Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: In relation to
14 Calendar Number 697, those recorded in the
15 negative are Senators Avella, Carlucci, Parker,
16 Perkins and Sanders.
17 Ayes, 52. Nays, 5.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 703, substituted earlier by Member of the
22 Assembly Zebrowski, Assembly Print Number 9124A,
23 an act to amend the Education Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
3476
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 90th day.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 704, by Senator Lanza, Senate Print 5525, an act
11 to repeal.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: In relation to
20 Calendar Number 704, those recorded in the
21 negative are Senators Avella, Krueger,
22 Montgomery, Perkins, Rivera, Sanders and
23 Squadron.
24 Ayes, 50. Nays, 7.
25 ACTING PRESIDENT GRIFFO: The bill
3477
1 is passed.
2 THE SECRETARY: Calendar Number
3 709, by Senator Libous, Senate Print 978, an act
4 to amend the State Finance Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the first of April.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 57.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 715, by Senator DeFrancisco, Senate Print 1974,
17 an act to amend the State Finance Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 57.
3478
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 721, by Senator O'Mara, Senate Print 3471, an act
5 to amend the Tax Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the 180th day.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: In relation to
14 Calendar 721, those recorded in the negative are
15 Senators Avella, Dilan, Gianaris, Kennedy,
16 Krueger, Montgomery, Perkins, Rivera, Sanders,
17 Serrano, Squadron, Stavisky and Tkaczyk.
18 Ayes, 44. Nays, 13.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 731, substituted earlier by Member of the
23 Assembly Farrell, Assembly Print Number 9344, an
24 act in relation to establishing.
25 ACTING PRESIDENT GRIFFO: Read the
3479
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT GRIFFO: Senator
8 DeFrancisco to explain his vote.
9 SENATOR DeFRANCISCO: Yes, this
10 bill was passed by both houses last year and
11 vetoed by the Governor. It basically sets up a
12 commission to review management/confidential
13 employees' salaries that haven't been raised in a
14 substantial period of time.
15 The Governor vetoed the bill on the
16 grounds it should be part of the budget. We put
17 it in our one-house budget this year and tried to
18 engage on this topic because it was budget time.
19 We couldn't get engagement, we couldn't get this
20 to be part of the budget. So we are passing it
21 again, I believe as is the Assembly.
22 Hopefully the argument that it
23 should be part of the budget will not be
24 considered by the Governor if he's considering a
25 veto, in view of the fact that we attempted to do
3480
1 just what he requested. This is an important
2 bill that we should do.
3 I vote aye.
4 ACTING PRESIDENT GRIFFO: Senator
5 DeFrancisco to be recorded in the affirmative.
6 Announce the results.
7 THE SECRETARY: Ayes, 57.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 733, by Senator Libous, Senate Print 982, an act
12 to amend the Real Property Tax Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 738, by Senator Young, Senate Print 5318A, an act
25 to amend the Real Property Tax Law.
3481
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 57.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 741, by Senator Hannon, Senate Print 6481, an act
13 to authorize.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 54. Nays, 3.
22 Senators Bonacic, Larkin and O'Mara recorded in
23 the negative.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3482
1 THE SECRETARY: Calendar Number
2 742, substituted earlier by Member of the
3 Assembly Lentol, Assembly Print 9241A, an act to
4 amend Chapter 672 of the Laws of 1993.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 56. Nays, 1.
13 Senator Ball recorded in the negative.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 775, by Senator Ball, Senate Print 6778A, an act
18 to amend the Correction Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 180th day.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
3483
1 THE SECRETARY: Ayes, 57.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Excuse me. In
5 relation to Calendar Number 775: Ayes, 55.
6 Nays, 2. Senators Montgomery and Perkins
7 recorded in the negative.
8 ACTING PRESIDENT GRIFFO: The bill
9 continues to be passed.
10 THE SECRETARY: Calendar Number
11 786, by Senator Golden, Senate Print 4979B, an
12 act to amend the Retirement and Social Security
13 Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect immediately.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 57.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 790, by Senator Golden, Senate Print 5720A, an
3484
1 act to amend the Civil Service Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 57.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 828, substituted earlier by Member of the
14 Assembly Schimminger, Assembly Print 9518, an act
15 to amend the Highway Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3485
1 THE SECRETARY: Calendar Number
2 836, by Senator Flanagan, Senate Print 2450A, an
3 act to amend the Education Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: In relation to
12 Calendar Number 836, those recorded in the
13 negative are Senators Addabbo, Avella, Gianaris,
14 Gipson, Kennedy, Krueger, Latimer, Montgomery,
15 Peralta, Perkins, Rivera, Sanders, Serrano,
16 Stavisky and Tkaczyk.
17 Ayes, 42. Nays, 15.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 851, by Senator Nozzolio, Senate Print 5864, an
22 act to amend the State Finance Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3486
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: In relation to
6 Calendar 851, those recorded in the negative are
7 Senators Kennedy, Krueger, Perkins, Rivera and
8 Sanders.
9 Ayes, 52. Nays, 5.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 855, by Senator Little, Senate Print 6322, an act
14 to amend the Executive Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 57.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3487
1 859, by Senator Flanagan, Senate Print 6762A, an
2 act to amend the Military Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 57.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 865, by Senator Marcellino, Senate Print 7324, an
15 act to amend the State Finance Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3488
1 THE SECRETARY: Calendar Number
2 867, by Senator Hannon, Senate Print 4414, an act
3 to amend the Public Health Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 57.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 868, by Senator Hannon, Senate Print 5333, an act
16 to amend the Public Health Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 57.
25 ACTING PRESIDENT GRIFFO: The bill
3489
1 is passed.
2 THE SECRETARY: Calendar Number
3 876, by Senator Valesky, Senate Print 7305, an
4 act to amend the Public Health Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 55. Nays, 2.
13 Senators Montgomery and Perkins recorded in the
14 negative.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 Can I see the negatives again by
18 show of hands, please.
19 Reannounce the results.
20 THE SECRETARY: In relation to
21 Calendar 876: Ayes, 56. Nays, 1. Senator
22 Perkins recorded in the negative.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3490
1 879, by Senator Carlucci, Senate Print 2003, an
2 act to amend the Real Property Tax Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of January.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 57.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 887, by Senator Hannon, Senate Print 6480A, an
15 act to authorize.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT GRIFFO: Can we
24 have some order in the house, please.
25 Announce the results.
3491
1 THE SECRETARY: Ayes, 54. Nays, 3.
2 Senators Bonacic, Larkin and O'Mara recorded in
3 the negative.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 888, substituted earlier by Member of the
8 Assembly Cusick, Assembly Print 8862, an act to
9 amend Chapter 306 of the Laws of 2011.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 894, by Senator DÃaz, Senate Print 259, an act to
22 amend the Banking Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 5. This
3492
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 57.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 917, by Senator Espaillat, Senate Print 7359, an
10 act to amend the Mental Hygiene Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the first of July.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 918, substituted earlier by Member of the
23 Assembly Paulin, Assembly Print 6367, an act to
24 amend the Public Service Law.
25 ACTING PRESIDENT GRIFFO: Read the
3493
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 120th day.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 924, by Senator Flanagan, Senate Print 7293A, an
12 act to amend the Public Authorities Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 978, by Senator Lanza, Senate Print 2472, an act
25 to amend Chapter 47 of the Laws of 1931.
3494
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect upon the enactment into
5 law.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 57.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1004, substituted earlier by Member of the
14 Assembly Zebrowski, Assembly Print 9225B, an act
15 to amend Chapter 329 of the Laws of 2009.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3495
1 THE SECRETARY: Calendar Number
2 1011, by Senator Lanza, Senate Print 6523, an act
3 to amend the Executive Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 52. Nays, 5.
12 Senators DeFrancisco, Gipson, Krueger, Montgomery
13 and Perkins recorded in the negative.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1017, by Senator Serrano, Senate Print 5600, an
18 act to amend the Parks, Recreation and Historic
19 Preservation Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect January 1, 2015.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
3496
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 52. Nays, 5.
3 Senators Ball, DeFrancisco, Griffo, Marchione and
4 Zeldin recorded in the negative.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1019, substituted earlier by Member of the
9 Assembly Gjonaj, Assembly Print 9387B, an act to
10 amend Chapter 465 of the Laws of 1994.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1023, by Senator Sanders, Senate Print 5428A, an
23 act to amend the Social Services Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
3497
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 90th day.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 56. Nays, 1.
7 Senator Ball recorded in the negative.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1031, by Senator Felder, Senate Print 5369B, an
12 act to direct.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1032, by Senator Martins, Senate Print 6404, an
25 act to amend the Education Law.
3498
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of July.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 56. Nays, 1.
9 Senator Krueger recorded in the negative.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1040, by Senator Lanza, Senate Print 7464A, an
14 act to amend the Real Property Tax Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 57.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3499
1 1074, by Senator Carlucci, Senate Print 5249A, an
2 act to amend the Social Services Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the 180th day.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 55. Nays, 2.
11 Senators DeFrancisco and Libous recorded in the
12 negative.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Also Senator
16 Hannon. Ayes, 54. Nays, 3.
17 ACTING PRESIDENT GRIFFO: Senator
18 DeFrancisco to explain his vote.
19 SENATOR DeFRANCISCO: I just wanted
20 to explain my vote.
21 I think it's a wonderful idea for
22 individuals who are receiving public assistance
23 to complete a course of instruction in financial
24 literacy.
25 The reason I voted no is I don't
3500
1 think those times in that course should count
2 towards the employment time requirement. If it
3 was an additional requirement, fine. But to
4 count towards when you're supposed to be working
5 I think is not appropriate. That's why I voted
6 no.
7 ACTING PRESIDENT GRIFFO: Senator
8 DeFrancisco to be recorded in the negative.
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar 1074, those recorded in the negative are
12 Senators Ball, Bonacic, DeFrancisco, Griffo,
13 Hannon, Libous and Seward. Also Senator
14 Ranzenhofer. Also Senator Larkin. Also
15 Senator Nozzolio. Also Senator Marchione.
16 ACTING PRESIDENT GRIFFO: Announce
17 the results.
18 THE SECRETARY: Ayes, 46. Nays,
19 11.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1076, substituted earlier by Member of the
24 Assembly Magee, Assembly Print 7706, an act to
25 amend the Soil and Water Conservation Districts
3501
1 Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 180th day.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 57.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1125, by Member of the Assembly Weinstein,
14 Assembly Print 9354, an --
15 ACTING PRESIDENT GRIFFO: Excuse
16 me, Mr. Secretary.
17 First I want to note that on
18 Calendar Number 1090, during motions, it was
19 starred at the sponsor's request.
20 So now we'll proceed to Calendar
21 1125, and the Secretary will read.
22 THE SECRETARY: Calendar Number
23 1125, substituted earlier by Member of the
24 Assembly Weinstein, Assembly Print 9354, an act
25 to amend Chapter 507 of the Laws of 2009.
3502
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT GRIFFO: Senator
9 Klein to explain his vote.
10 SENATOR KLEIN: Thank you,
11 Mr. President.
12 This is an extremely important piece
13 of legislation which started back in 2009 during
14 the subprime mortgage crisis. I think everyone
15 knows by now not only did the subprime mortgage
16 crisis disrupt and destroy our financial markets,
17 it also caused many hardworking homeowners
18 throughout the country, and especially here in
19 New York State, to lose their homes.
20 One of the things we did back then
21 was legislation that I sponsored back in 2009
22 which took important steps in protecting
23 homeowners from further deception and
24 intimidation by the banks when we passed historic
25 landmark legislation. The legislation is very
3503
1 simple but I think goes a long way towards
2 helping distressed homeowners.
3 First and foremost, the legislation
4 requires a 90-day notification before someone is
5 served with foreclosure. Next, and probably the
6 most important part of the legislation, is a
7 settlement conference. The settlement conference
8 is mandatory during that 90-day period, and it
9 requires that the bank and the distressed
10 homeowner work out some type of modification to
11 keep the homeowner in their home.
12 I think everyone knows what happened
13 previously is a lot of people were duped into
14 purchasing mortgages which sounded good in the
15 beginning because they had very, very low
16 interest rates but then rose to very high
17 interest rates. When homeowners noticed or saw
18 that was happening, they contacted their banks in
19 many cases and in most cases were told "Call us
20 when you're in foreclosure." I think everyone
21 knows that's too late, because that's when you
22 lose your home, that's when your credit rating is
23 destroyed, that's when you lose the American
24 dream of homeownership, which I think is
25 everyone's intent to keep alive for years to
3504
1 come.
2 So this legislation made an awful
3 lot of sense, and it saved thousands and
4 thousands of homeowners throughout the State of
5 New York their homes because they were able to
6 get help, they were able to work out some type of
7 agreement to modify their mortgage and keep them
8 in their homes.
9 Well, unfortunately we're not out of
10 the woods yet. I put forth a report last Friday
11 which showed that just in New York City alone
12 there's potentially 30,000 homeowners potentially
13 facing foreclosure, and 80 percent of those
14 individuals are in predominantly minority
15 neighborhoods. And I also think we have to ask
16 ourselves the question why are African-American
17 and Latino homeowners four times more likely to
18 be facing foreclosure.
19 So I think the continuation of this
20 program will continue to help thousands of
21 homeowners throughout the State of New York be
22 able to make sure that we can keep the American
23 dream of homeownership alive not only for this
24 generation but for future generations.
25 I vote yes, Mr. President.
3505
1 ACTING PRESIDENT GRIFFO: Senator
2 Klein to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: Ayes, 56. Nays, 1.
5 Senator DeFrancisco recorded in the negative.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1194, by Senator Gallivan, Senate Print 89A, an
10 act to amend the Executive Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 60th day.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 56. Nays, 1.
19 Senator Krueger recorded in the negative.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 Calendar Number 1196 has also been
23 starred at the sponsor's request during motions,
24 so we will now go on to Calendar Number 1197.
25 THE SECRETARY: Calendar Number
3506
1 1197, by Senator Avella, Senate Print 680, an act
2 to amend the Administrative Code of the City of
3 New York.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 56. Nays, 1.
12 Senator DeFrancisco recorded in the negative.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1198, by Senator Little, Senate Print 1005A, an
17 act to amend the Tax Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 6. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 57.
3507
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1199, by Senator Montgomery, Senate Print 1413,
5 an act to amend the Correction Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 90th day.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 55. Nays, 2.
14 Senator Balls and Zeldin recorded in the
15 negative. Also Senator Griffo.
16 Ayes, 54. Nays, 3.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1200, by Senator Golden, Senate Print 2108, an
21 act to amend the Executive Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
3508
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 55. Nays, 2.
5 Senators Montgomery and Perkins recorded in the
6 negative.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1202, by Senator Klein, Senate Print 2366, an act
11 to amend the Penal Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 7. This
15 act shall take effect on the first of November.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1203, by Senator Lanza, Senate Print 2467, an act
24 to amend the Tax Law.
25 ACTING PRESIDENT GRIFFO: Read the
3509
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of April.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 56. Nays, 1.
8 Senator Perkins recorded in the negative.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1204, by Senator Marcellino, Senate Print 2526A,
13 an act to amend the Executive Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect April 1, 2015.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 57.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1205, by Senator Ball, Senate Print 2648, an act
3510
1 to amend the Tax Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first of July.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: In relation to
10 Calendar 1205, those recorded in the negative are
11 Senators Avella, Dilan, Gianaris, Montgomery,
12 Perkins, Rivera, Sanders and Stavisky.
13 Ayes, 49. Nays, 8.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1206, by Senator Lanza, Senate Print 3626D, an
18 act to amend the Tax Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
3511
1 THE SECRETARY: Ayes, 57.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1208, by Senator LaValle, Senate Print 4596B, an
6 act to amend the Education Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 16. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1209, by Senator Grisanti, Senate Print 4642A, an
19 act to amend the Tax Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
3512
1 (The Secretary called the roll.)
2 ACTING PRESIDENT GRIFFO: Senator
3 Grisanti to explain his vote.
4 SENATOR GRISANTI: Yes, thank you,
5 Mr. President.
6 My fellow colleagues, a couple of
7 years ago we tried to increase the historic tax
8 credits from $5 million to $12 million. All
9 across this state there are buildings that need
10 refurbishing, they need help, they need these
11 historic tax credits. The $5 million does a
12 great job for some of the lower-end construction
13 projects.
14 When you see the blight in your
15 communities, you see no economic development in
16 the areas around that blight. We need to
17 increase the historic tax credit. This
18 particular piece of legislation raises the cap to
19 $7 million in the years 2016-2017, to $9 million
20 in the years 2017-2018, and up to $12 million in
21 years 2018-2019.
22 Every single one of us has in our
23 district properties that are full of blight. And
24 for those that have had the $5 million used in
25 the historic tax credit, you see that you have
3513
1 construction jobs right off the bat. A perfect
2 example, the Lafayette Hotel lay dormant, 300
3 construction jobs; now that it's completed using
4 the $5 million tax credit, there are over
5 270 jobs at the end. The property is back on the
6 tax rolls, and it created economic viability
7 within that region.
8 This needs to be increased. We need
9 to do this immediately. It is just as important
10 as brownfields, which we need to get that done
11 this year. But the historic tax credits, we
12 cannot wait any longer. I ask the Assembly to
13 get it passed. I ask all my colleagues to
14 support this, because you will have construction
15 jobs, you will have permanent jobs at the end,
16 put properties out of blight and back on the tax
17 rolls.
18 I vote aye, Mr. President.
19 ACTING PRESIDENT GRIFFO: Senator
20 Grisanti to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: Ayes, 56. Nays, 1.
23 Senator Krueger recorded in the negative.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3514
1 THE SECRETARY: Calendar Number
2 1210, by Senator Golden, Senate Print 4666, an
3 act to amend the Executive Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 57.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1211, by Senator Nozzolio, Senate Print 4679A, an
16 act to amend the Tax Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 55. Nays, 2.
25 Senators Gipson and Rivera recorded in the
3515
1 negative.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1212, by Senator Golden, Senate Print 6146, an
6 act to amend the Executive Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1213, by Senator Bonacic, Senate Print 6202, an
19 act to amend the Correction Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the 90th day.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
3516
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1214, by Senator LaValle, Senate Print 6303, an
7 act to amend the State Finance Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 57.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1215, by Senator Griffo, Senate Print 6655, an
20 act to amend the State Finance Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
3517
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 57.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1218, by Senator Sanders, Senate Print 6852, an
8 act to direct.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1219, by Senator Valesky, Senate Print 7180, an
21 act to amend the Agriculture and Markets Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
3518
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1220, substituted earlier by Member of the
9 Assembly Farrell, Assembly Print 9394, an act to
10 amend the Tax Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 55. Nays, 2.
19 Senators Krueger and Squadron recorded in the
20 negative.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1221, by Senator Farley, Senate Print 7397, an
25 act to amend the Economic Development Law.
3519
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 57.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1222, substituted earlier by Member of the
13 Assembly Barrett, Assembly Print 9215, an act to
14 amend the Agriculture and Markets Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 57.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3520
1 1223, by Senator Ranzenhofer, Senate Print 7503,
2 an act to amend the Correction Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT GRIFFO: Senator
11 Rivera to explain his vote.
12 SENATOR RIVERA: Thank you,
13 Mr. President. I stand quickly to explain my
14 vote.
15 As I've done in the past when we're
16 talking about bills that relate to sex offenders,
17 I always believe we should make a distinction
18 between Level 1s, 2s and 3s. I believe that
19 certainly Level 3s are people that we need to be
20 protected from. And most of these bills that
21 have to do with where folks can work, where folks
22 can live, where folks can study, whether it's a
23 library or what have you, I do believe that we
24 need to have those types of bills.
25 In this particular instance I do not
3521
1 see a distinction between the levels, so I would
2 have to vote in the negative.
3 Thank you, Mr. President.
4 ACTING PRESIDENT GRIFFO: Senator
5 Rivera to be recorded in the negative.
6 Senator Ranzenhofer to explain his
7 vote.
8 SENATOR RANZENHOFER: Thank you,
9 Mr. President.
10 This is a very, very important bill
11 which will protect people in our neighborhoods
12 and, most importantly, will protect the very
13 people that we are charged to care for, and those
14 are the people living in these group homes.
15 This measure goes a long way to
16 offering that protection, that safety for our
17 very vulnerable people that live in our
18 community. I vote aye.
19 Thank you, Mr. President.
20 ACTING PRESIDENT GRIFFO: Senator
21 Ranzenhofer to be recorded in the affirmative.
22 Announce the results.
23 THE SECRETARY: Those recorded in
24 the negative are Senators Rivera and Montgomery.
25 Ayes, 55. Nays, 2.
3522
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1224, by Senator Nozzolio, Senate Print 7734, an
5 act to amend the Penal Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the first of November.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 56. Nays, 1.
14 Senator Perkins recorded in the negative.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1225, substituted earlier by Member of the
19 Assembly Santabarbara, Assembly Print 8479, an
20 act to amend Chapter 266 of the Laws of 1981.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
3523
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 57.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1226, by Senator Seward, Senate Print 7764, an
8 act to amend the Insurance Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1227, by Senator Hannon, Senate Print 7774, an
21 act to amend Chapter 433 of the Laws of 1997.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
3524
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 Senator Libous, that completes the
8 noncontroversial reading of today's calendar.
9 SENATOR LIBOUS: Mr. President, it
10 does. Could we call on Senator Valesky, please.
11 ACTING PRESIDENT GRIFFO: Senator
12 Valesky.
13 SENATOR VALESKY: Mr. President,
14 would you lay Calendar 445 aside for the day.
15 ACTING PRESIDENT GRIFFO: Calendar
16 Number 445 has been laid aside for the day.
17 Senator Libous.
18 SENATOR LIBOUS: Mr. President,
19 Senator Ranzenhofer has a resolution at the desk,
20 Number 5714. Could we read it in its entirety
21 and then call on Senator Ranzenhofer.
22 ACTING PRESIDENT GRIFFO: The
23 Secretary will read Resolution Number 5714 in its
24 entirety.
25 THE SECRETARY: Legislative
3525
1 Resolution Number 5714, by Senator Ranzenhofer,
2 commending Bunkers in Baghdad for its dedicated
3 efforts in support of our armed service members
4 at home and abroad.
5 "WHEREAS, The quality and character
6 of life in this nation, and the great State of
7 New York, is reflective of the purposeful lives
8 and good works of those patriotic and
9 civic-minded community members who dedicate their
10 lives and careers to the service of others; and
11 "WHEREAS, Individuals and
12 organizations devoted to improving the quality of
13 life of members of the United States Armed Forces
14 are deserving of the highest praise and
15 recognition; and
16 "WHEREAS, Attendant to such concern,
17 and in full accord with its long-standing
18 traditions, this Legislative Body is justly proud
19 to commend Bunkers in Baghdad for its dedicated
20 efforts in support of our armed service members
21 at home and abroad; and
22 "WHEREAS, Bunkers in Baghdad is a
23 not-for-profit charity that collects and sends
24 new and used golf balls, clubs and equipment to
25 our troops deployed in 30 countries around the
3526
1 world, with a focus on the brave men and women
2 currently serving in combat zones; and
3 "WHEREAS, This esteemed organization
4 has been highly active in New York State,
5 providing numerous donations to members of the
6 New York State National Guard on assignment
7 overseas; in addition, they have made substantial
8 contributions to soldiers stationed at Fort Drum,
9 New York, and at the Niagara Falls Air Force
10 Base, as well as to Marines and Army recruiting
11 stations across the state; and
12 "WHEREAS, Bunkers in Baghdad has
13 admirably collected and shipped more than five
14 million golf balls and over 150,000 golf clubs to
15 troops serving overseas over the past six years;
16 and
17 "WHEREAS, A proud supporter of the
18 Wounded Warriors Project, Bunkers in Baghdad has
19 provided golfing equipment to aid in the
20 rehabilitation of injured soldiers at veterans'
21 hospitals across New York State and the entire
22 country; and
23 "WHEREAS, Through its Bunkers
24 Buddies program, the group has worked with over
25 165 schools in 42 states, helping collect
3527
1 children's letters and pictures to be enclosed in
2 golf care packages for our deployed troops; and
3 "WHEREAS, The recipient of numerous
4 accolades, Bunkers in Baghdad had the honor of
5 ringing the closing bell at the New York Stock
6 Exchange in 2009; and
7 "WHEREAS, It is the sense of this
8 Legislative Body that when individuals and
9 associations of such noble aims and
10 accomplishments are brought to our attention,
11 they should be celebrated and recognized by all
12 the citizens of this great Empire State; now,
13 therefore, be it
14 "RESOLVED, That this Legislative
15 Body pause in its deliberations to commend
16 Bunkers in Baghdad for its dedicated efforts in
17 support of our armed service members at home and
18 abroad; and be it further
19 "RESOLVED, That a copy of this
20 resolution, suitably engrossed, be transmitted to
21 Joseph M. Hanna, Esq., president and founder of
22 Bunkers in Baghdad."
23 ACTING PRESIDENT GRIFFO: Senator
24 Ranzenhofer.
25 SENATOR RANZENHOFER: Thank you,
3528
1 Mr. President.
2 We are here today to commend the
3 efforts and the great work of Bunkers in Baghdad.
4 As you heard from the resolution, this is a
5 not-for-profit organization which does a lot for
6 our veterans and our military that are serving
7 overseas.
8 We are joined today in the gallery
9 by, as you mentioned, the president and founder
10 of Bunkers in Baghdad, Joe Hanna. And also with
11 Joe today is Joshua Beams and Andrew Tramontana.
12 This is an organization which has
13 been in existence for only six years and has
14 collected over 5 million golf balls and 150,000
15 golf clubs. If you just do the math, it's just
16 an incredible undertaking by these very, very
17 hardworking individuals. And they are committed
18 to helping our veterans and our active military
19 that are serving.
20 When you are in the service,
21 obviously you're putting your life on the line,
22 but there is also a lot of free time that you
23 have. And I think this organization was created
24 to help those individuals that are serving
25 overseas to be active while they are not engaged
3529
1 at the moment.
2 This organization has the support of
3 350 professional sports franchises across the
4 State of New York, including the Buffalo Sabres,
5 the Buffalo Bills, the Buffalo Bisons, the
6 Syracuse Crunch, the New York Rangers, the
7 New York Islanders. They are also supported very
8 strongly by Callaway Golf and Arnold Palmer
9 Enterprises.
10 They work with schools in the
11 Bunkers Buddies program from Buffalo to
12 Rochester, Albany, New York City, Long Island and
13 Syracuse. They also work with our VA hospitals
14 all across the state, from Buffalo, Albany,
15 Syracuse, Batavia, Bath, Dunkirk, Jamestown,
16 Rochester, Rome, Brooklyn, New York City,
17 Hicksville, and Staten Island.
18 This is an organization which just
19 in a few short years has done tremendous work.
20 They work with the Wounded Warriors Program.
21 They help folks that are injured rehabilitate and
22 get back into better health. And they just do
23 admirable, admirable work.
24 And I just want to close by offering
25 this chamber a challenge. So far they have
3530
1 collected 5 million golf balls. I want to offer
2 everybody in this chamber the opportunity to drop
3 off your used or lightly used golf balls in my
4 office to help this organization. Because they
5 can't do it by going out by themselves; it's
6 groups like us, other groups across the state
7 which help them collect the golf balls and the
8 golf clubs.
9 So in the next two weeks, if you
10 have some spare time -- or you don't have some
11 spare time, because you're not able to get out on
12 the golf course -- and you have those golf balls
13 lying around in your closet or in a golf bag,
14 drop them off in my office and I'm sure that the
15 Bunkers in Baghdad organization who is here with
16 us today will be very, very appreciative of those
17 efforts.
18 Thank you, Mr. President.
19 ACTING PRESIDENT GRIFFO: Thank
20 you, Senator Ranzenhofer.
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO:
23 Congratulations on your efforts. We participate
24 in our office in the Cellphones for Soldiers
25 program, another great program that aids
3531
1 veterans.
2 The only comment I want to make, I
3 have played golf with Senator Ranzenhofer before.
4 And I'm not so sure giving the golf balls to him
5 is the best way for you to gather golf balls,
6 because he uses them at an incredible rate. He
7 loses a lot of golf balls. And I would suggest
8 you find another drop-off point to increase your
9 efforts.
10 (Laughter.)
11 SENATOR DeFRANCISCO: So thank you
12 very much.
13 ACTING PRESIDENT GRIFFO: The
14 question is on the resolution. All in favor
15 signify by saying aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT GRIFFO: Opposed?
18 (No response.)
19 ACTING PRESIDENT GRIFFO: The
20 resolution is adopted.
21 We welcome you to the chamber, and
22 we commend you for your efforts. Thank you very
23 much.
24 (Applause.)
25 ACTING PRESIDENT GRIFFO: Senator
3532
1 Libous.
2 SENATOR LIBOUS: We're going to
3 stand at ease temporarily.
4 ACTING PRESIDENT GRIFFO: The
5 Senate will stand at ease.
6 SENATOR LIBOUS: Mr. President,
7 before we do, just to be fair to members, we are
8 probably going to take on another calendar
9 shortly.
10 ACTING PRESIDENT GRIFFO: So I
11 would ask members to remain close to the chamber.
12 The Senate is at ease.
13 (Whereupon, the Senate stood at ease
14 at 2:49 p.m.)
15 (Whereupon, the Senate reconvened at
16 3:23 p.m.)
17 ACTING PRESIDENT CARLUCCI: Senator
18 LaValle.
19 SENATOR LaVALLE: Mr. President,
20 thank you very much.
21 The Senate will stand at ease until
22 4 o'clock p.m. of this very day.
23 ACTING PRESIDENT CARLUCCI: The
24 Senate will stand at ease until 4 o'clock.
25 (Whereupon, the Senate stood at ease
3533
1 at 3:23 p.m.)
2 (Whereupon, the Senate reconvened at
3 4:32 p.m.)
4 ACTING PRESIDENT GRIFFO: The
5 Senate will come to order.
6 Senator Libous.
7 SENATOR LIBOUS: Could we please
8 have the reading of the supplemental active list
9 dated June 10, 2014.
10 ACTING PRESIDENT GRIFFO: Going to
11 the supplemental active list dated June 10, 2014,
12 the Secretary will read.
13 THE SECRETARY: On page 17, Senator
14 Dilan moves to discharge, from the Committee on
15 Transportation, Assembly Bill Number 3491A and
16 substitute it for the identical Senate Bill
17 Number 391A, Third Reading Calendar 289.
18 ACTING PRESIDENT GRIFFO:
19 Substitution so ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 289, by Member of the Assembly Magnarelli,
23 Assembly Print Number 3491A, an act to amend the
24 Vehicle and Traffic Law.
25 ACTING PRESIDENT GRIFFO: Read the
3534
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 30th day.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 58.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: On page 19, Senator
11 Grisanti moves to discharge, from the Committee
12 on Environmental Conservation, Assembly Print
13 Number 4741 and substitute it for the identical
14 Senate Bill Number 3703B, Third Reading Calendar
15 339.
16 ACTING PRESIDENT GRIFFO:
17 Substitution so ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 339, by Member of the Assembly Sweeney, Assembly
21 Print Number 4741, an act to amend the
22 Environmental Conservation Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3535
1 act shall take effect December 1, 2015.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 397, by Senator Klein, Senate Print 2437B, an act
10 to amend the Education Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 5. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57. Nays, 1.
19 Senator Tkaczyk recorded in the negative.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 416, by Senator Lanza, Senate Print --
24 SENATOR LIBOUS: Lay the bill aside
25 for the day.
3536
1 ACTING PRESIDENT GRIFFO: Lay it
2 aside for the day.
3 THE SECRETARY: Calendar Number
4 456, by Senator Maziarz, Senate Print 6957, an
5 act to amend the Public Service Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 5. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 58.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 Calendar Number 580 is high, by
17 Senator Stavisky.
18 The clerk will now go on to Calendar
19 Number 609, by Senator Martins.
20 THE SECRETARY: Calendar Number
21 609, by Senator Martins, Senate Print 6921A, an
22 act to amend the Public Authorities Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3537
1 act shall take effect January 1, 2015.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 57. Nays, 1.
6 Senator Ball recorded in the negative.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 617, by Senator Gallivan, Senate Print 93B, an
11 act to amend the Environmental Conservation Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 19. This
15 act shall take effect on the first of November.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57. Nays, 1.
20 Senator Serrano recorded in the negative.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 659, by Senator Maziarz, Senate Print 6450A, an
25 act to amend the Vehicle and Traffic Law.
3538
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 120th day.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 58.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 693, by Senator Farley, Senate Print 2855, an act
13 to amend the Education Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the first of September.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 57. Nays, 1.
22 Senator Ball recorded in the negative.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3539
1 718, by Senator Young, Senate Print 2190B, an act
2 to amend the Public Health Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 58.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 736, by Senator Grisanti, Senate Print 1710B, an
15 act to amend the Real Property Tax Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 120th day.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 58.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3540
1 THE SECRETARY: Calendar Number
2 743, by Senator Little, Senate Print 6947, an act
3 making certain findings.
4 ACTING PRESIDENT GRIFFO: There is
5 a home-rule message at the desk.
6 The Secretary will read the last
7 section.
8 THE SECRETARY: Section 4. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 57. Nays, 1.
14 Senator Ball recorded in the negative.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 757, by Senator Lanza, Senate Print 4162, an act
19 to amend the Penal Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 30th day.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
3541
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 765, by Senator Gallivan, Senate Print 7178, an
7 act to amend the Criminal Procedure Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 56. Nays, 2.
16 Senators Krueger and Squadron recorded in the
17 negative.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 767, by Senator Nozzolio, Senate Print 7188, an
22 act to amend the Criminal Procedure Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3542
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 805, by Senator Young, Senate Print 6543B, an act
10 to direct.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 58.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 823, by Senator Young, Senate Print 5124, an act
23 to authorize.
24 ACTING PRESIDENT GRIFFO: There is
25 a home-rule message at the desk.
3543
1 The Secretary will read the last
2 section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 57. Nays, 1.
9 Senator Ball recorded in the negative.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 845, by Senator Young, Senate Print 4334, an act
14 to amend the Executive Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 6. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 58.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3544
1 862, by Senator Marchione, Senate Print 6952A, an
2 act to amend the Executive Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 58.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 866, by Senator Lanza, Senate Print 7533, an act
15 to amend Chapter 154 of the Laws of 1921.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect upon the enactment into
20 law.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58.
25 ACTING PRESIDENT GRIFFO: The bill
3545
1 is passed.
2 THE SECRETARY: Calendar Number
3 869, by Senator Hannon, Senate Print 5811, an act
4 to amend the Public Health Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 90th day.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 58.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 872, by Senator Hannon, Senate Print 7150A, an
17 act to amend the Public Health Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 58.
3546
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 875, by Senator Hannon, Senate Print 7271, an act
5 to amend the Public Health Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 58.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 881, by Senator Young, Senate Print 2679A, an act
18 to amend the General Municipal Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
3547
1 THE SECRETARY: Ayes, 58.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 882, by Senator Young, Senate Print 3081A, an act
6 to amend the Municipal Home Rule Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 58.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: On page 52, Senator
18 Ritchie moves to discharge, from the Committee on
19 Local Government, Assembly Bill Number 9380 and
20 substitute it for the identical Senate Bill
21 Number 6660A, Third Reading Calendar 889.
22 ACTING PRESIDENT GRIFFO: The
23 substitution is so ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
3548
1 889, by Member of the Assembly Galef,
2 Assembly Print 9380, an act to amend the
3 Real Property Tax Law.
4 SENATOR GIANARIS: Lay it aside.
5 ACTING PRESIDENT GRIFFO: Lay the
6 bill aside.
7 THE SECRETARY: On page 58, Senator
8 Seward moves to discharge, from the Committee on
9 Insurance, Assembly Bill Number 9604 and
10 substitute it for the identical Senate Bill
11 Number 7317, Third Reading Calendar 968.
12 ACTING PRESIDENT GRIFFO: The
13 substitution is so ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 968, by Member of the Assembly Morelle, Assembly
17 Print 9604, an act to amend the Insurance Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 58.
3549
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 974, by Senator Larkin, Senate Print 6830A, an
5 act to amend the State Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 58.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1037, by Senator Addabbo, Senate Print 7270, an
18 act to amend Chapter 100 of the Laws of 2013.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
3550
1 ACTING PRESIDENT GRIFFO: Senator
2 Addabbo to explain his vote.
3 SENATOR ADDABBO: Mr. President,
4 thank you very much.
5 I want to take a moment on behalf of
6 my constituents in Breezy Point to say thank you
7 to my colleagues for passing this extender.
8 During Superstorm Sandy, over 500 homes were
9 destroyed or damaged in Breezy Point, and many of
10 my constituents are still homeless. And this
11 extender allows them to deal with unique
12 street-fronted issues that are unique to
13 Breezy Point.
14 So once again, on behalf of my
15 constituents, I want to say thank you.
16 Thank you, Mr. President.
17 ACTING PRESIDENT GRIFFO: Senator
18 Addabbo to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 58.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1107, by Senator Young, Senate Print 2619, an act
25 to amend the General Municipal Law.
3551
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 58.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1111, by Senator Little, Senate Print 3735, an
13 act to direct.
14 ACTING PRESIDENT GRIFFO: There is
15 a home-rule message at the desk.
16 The Secretary will read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 58.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3552
1 THE SECRETARY: On page 72, Senator
2 DeFrancisco moves to discharge, from the
3 Committee on Rules, Assembly Bill Number 8725A
4 and substitute it for the identical Senate Bill
5 Number 6193B, Third Reading Calendar 1115.
6 ACTING PRESIDENT GRIFFO: The
7 substitution is so ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 1115, by Member of the Assembly Stirpe,
11 Assembly Print 8725A, an act in relation to a
12 certain agreement.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57. Nays, 1.
21 Senator Krueger recorded in the negative.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1116, by Senator Gallivan, Senate Print 6568, an
3553
1 act to enact.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 10. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 58.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1118, by Senator Flanagan, Senate Print 6694B, an
14 act authorizing.
15 ACTING PRESIDENT GRIFFO: There is
16 a home-rule message at the desk.
17 The Secretary will read the last
18 section.
19 THE SECRETARY: Section 7. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58.
25 ACTING PRESIDENT GRIFFO: The bill
3554
1 is passed.
2 THE SECRETARY: Calendar Number
3 1119, by Senator O'Mara, Senate Print 6786, an
4 act in relation to making certain findings.
5 ACTING PRESIDENT GRIFFO: There is
6 a home-rule message present at the desk.
7 The Secretary will read the last
8 section.
9 THE SECRETARY: Section 5. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57. Nays, 1.
15 Senator Ball recorded in the negative.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1120, by Senator Farley, Senate Print 6833A, an
20 act to establish.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
3555
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 57. Nays, 1.
4 Senator Ball recorded in the negative.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1121, by Senator Ritchie, Senate Print 6975, an
9 act to legalize, validate, ratify and confirm.
10 ACTING PRESIDENT GRIFFO: There is
11 a home-rule message present at the desk.
12 The Secretary will read the last
13 section.
14 THE SECRETARY: Section 5. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57. Nays, 1.
20 Senator Ball recorded in the negative.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1122, by Senator DeFrancisco, Senate Print 7030,
25 an act to amend Chapter 690 of the Laws of 1937.
3556
1 ACTING PRESIDENT GRIFFO: There is
2 a home-rule message present at the desk.
3 The Secretary will read.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 57. Nays, 1.
10 Senator Ball recorded in the negative.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1123, by Senator O'Mara, Senate Print 7046, an
15 act to amend the Town Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57. Nays, 1.
24 Senator Ball recorded in the negative.
25 ACTING PRESIDENT GRIFFO: The bill
3557
1 is passed.
2 THE SECRETARY: On page 73, Senator
3 Avella moves to discharge, from the Committee on
4 Transportation, Assembly Bill Number 280C and
5 substitute it for the identical Senate Bill
6 Number 7089, Third Reading Calendar 1124.
7 ACTING PRESIDENT GRIFFO: The
8 substitution is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1124, by Member of the Assembly Kim, Assembly
12 Print 280C, an act to amend the Public
13 Authorities Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 90th day.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 58.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1127, by Senator LaValle, Senate Print 7133A, an
3558
1 act in relation.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 58.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1132, by Senator Farley, Senate Print 7279, an
14 act to amend Chapter 168 of the Laws of 2012.
15 ACTING PRESIDENT GRIFFO: There is
16 a home-rule message present at the desk.
17 The Secretary will read the last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58.
25 ACTING PRESIDENT GRIFFO: The bill
3559
1 is passed.
2 THE SECRETARY: On page 74, Senator
3 Grisanti moves to discharge, from the Committee
4 on Local Government, Assembly Bill Number 9231
5 and substitute it for the identical Senate Bill
6 Number 7388, Third Reading Calendar 1133.
7 ACTING PRESIDENT GRIFFO: The
8 substitution is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1133, by Member of the Assembly Ryan, Assembly
12 Print 9231, an act to amend the Village Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57. Nays, 1.
21 Senator Ball recorded in the negative.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: On page 74, Senator
25 Bonacic moves to discharge, from the Committee on
3560
1 Rules, Assembly Bill Number 9443 and substitute
2 it for the identical Senate Bill Number 7479,
3 Third Reading Calendar 1134.
4 ACTING PRESIDENT GRIFFO: The
5 substitution is so ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1134, by Member of the Assembly Gunther, Assembly
9 Print 9443, an act to amend the Town Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57. Nays, 1.
18 Senator Ball recorded in the negative.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1135, by Senator Martins, Senate Print 7498, an
23 act to amend the Nassau County Civil Divisions
24 Act.
25 ACTING PRESIDENT GRIFFO: Read the
3561
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57. Nays, 1.
8 Senator Krueger recorded in the negative.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1136, by Senator Martins, Senate Print 7596A, an
13 act authorizing.
14 ACTING PRESIDENT GRIFFO: A
15 home-rule message is present at the desk.
16 The Secretary will read the last
17 section.
18 THE SECRETARY: Section 6. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 56. Nays, 2.
24 Senators Ball and Krueger recorded in the
25 negative.
3562
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1153, by Senator Grisanti, Senate Print 7666A, an
5 act to amend the Real Property Tax Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 58.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1154, by Senator O'Mara, Senate Print 7675, an
18 act to amend the Local Finance Law.
19 ACTING PRESIDENT GRIFFO: There is
20 a home-rule message present at the desk.
21 The Secretary will read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
3563
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 The Secretary will continue.
7 THE SECRETARY: Calendar Number
8 1267, by Senator Hoylman, Senate Print 7093, an
9 act to amend the Penal Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 58.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 Senator Libous, that completes the
21 noncontroversial reading of the supplemental
22 active list of June 10, 2014.
23 SENATOR LIBOUS: Could we do the
24 controversial reading of the supplemental active
25 list.
3564
1 ACTING PRESIDENT GRIFFO: The
2 Secretary will ring the bell.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 889, by Member of the Assembly Galef, Assembly
6 Print 9380, an act to amend the Real Property Tax
7 Law.
8 SENATOR KRUEGER: Explanation.
9 ACTING PRESIDENT GRIFFO: An
10 explanation has been requested by Senator
11 Krueger, Senator Ritchie.
12 Can I have some order in the
13 chamber, please.
14 Senator Ritchie.
15 SENATOR RITCHIE: This bill is a
16 straight extender. Legislation was originally
17 enacted in 2001; it established the ability of
18 local taxing jurisdictions to negotiate tax
19 agreements with nuclear power facilities located
20 within their jurisdiction.
21 SENATOR KRUEGER: Through you,
22 Mr. President, if the sponsor would please yield.
23 ACTING PRESIDENT GRIFFO: Senator
24 Ritchie, do you yield?
25 SENATOR RITCHIE: Yes.
3565
1 ACTING PRESIDENT GRIFFO: Senator
2 Krueger.
3 SENATOR KRUEGER: How many nuclear
4 power plants are participating in this agreement
5 currently?
6 SENATOR RITCHIE: Senator Krueger,
7 I could not answer that question.
8 This bill gives local communities
9 the ability to enter into an agreement, and it
10 gives the local community control.
11 SENATOR KRUEGER: Through you,
12 Mr. President, if the sponsor would continue to
13 yield.
14 ACTING PRESIDENT GRIFFO: Senator
15 Ritchie, do you yield?
16 SENATOR RITCHIE: Yes.
17 ACTING PRESIDENT GRIFFO: Senator
18 Krueger, you may continue.
19 SENATOR KRUEGER: Thank you.
20 So we don't know how many power
21 plants are already using this PILOT alternative
22 to paying a property tax. Has there been any
23 analysis of any location where we can take a look
24 and see how much they are receiving in a PILOT
25 versus where they would be projected, the amount
3566
1 they would be projected to receive if they just
2 continued like other utilities under a normal
3 property tax assessment?
4 SENATOR RITCHIE: I was asked by
5 Oswego County, which has three nuclear facilities
6 located there, to put this extender in. And as
7 the assessments were before this bill, it was
8 pretty tough for them to figure out what a stable
9 tax rate was.
10 So this bill actually allows them to
11 enter into an agreement so they can have a PILOT
12 if they so choose, so that the community will
13 know during that 15-year period what the tax rate
14 will be.
15 SENATOR KRUEGER: Through you,
16 Mr. President, on the bill.
17 ACTING PRESIDENT GRIFFO: Senator
18 Krueger on the bill.
19 SENATOR KRUEGER: I thank the
20 sponsor for her answers to my questions.
21 Here's my dilemma. I do understand
22 that the history with certain utilities and
23 apparently with nuclear utilities is that they
24 like to fight the assessments that the local
25 communities they are in apply to them. They are
3567
1 large corporations with deep pockets, with lots
2 of lawyers. And so they apparently, based on
3 what has gone on in various parts of the country,
4 and I believe New York State -- I don't know if
5 Oswego County is the case -- they have succeeded
6 in wearing down their local governments, who
7 really don't think they can afford to have
8 these --
9 ACTING PRESIDENT GRIFFO: May I
10 have some order in the chamber, please.
11 Senator Krueger, you may continue.
12 SENATOR KRUEGER: Thank you,
13 Mr. President.
14 So these towns find themselves
15 outgunned in their ability to successfully assess
16 these large corporate utilities and get the
17 property tax they deserve.
18 So they may believe that a
19 longer-term PILOT arrangement in negotiations
20 with the utility allows them to have a continuous
21 stream of tax revenue. And that, by the way, may
22 be true, that they get a continuous stream of tax
23 revenue. But they get it at a much lower rate
24 than is appropriate and should be appropriately
25 assessed on these utilities.
3568
1 So my frustration here is not with
2 the towns, who I empathize with, and the
3 counties, but with the fact that we've set up a
4 system where we leave our localities unprotected
5 and uninsured by us, the State of New York, to
6 negotiate legitimate property tax assessments.
7 After all, if you're a small town,
8 you will find it very difficult to have the
9 resources to challenge an international nuclear
10 corporation. They probably -- they could have
11 more lawyers on staff than you might even have
12 workers in your town.
13 And yet this provides the
14 corporation the out that they want without any
15 ability to determine whether, over time -- and
16 this would extend the law through 2031. The law
17 was 2001 till now. This extends to 2031 -- towns
18 may go into deals that are absolutely not in
19 their financial best interest. They simply have
20 been outmanned and outgunned in negotiation.
21 I think this is an outcome of the
22 mistakes we made with deregulation of our energy
23 industry and that the State of New York actually
24 ought to come up with a mechanism to assure that
25 these localities can have adequate representation
3569
1 in negotiations, to assure that they have the
2 plant, they are taking on the costs and burdens
3 of that plant, they should have the right to be
4 able to assess and receive property taxes from
5 that site. We shouldn't leave them out there
6 unable to successfully fight for their own
7 property taxes.
8 Rather than extending this law till
9 2031, I would far prefer that we took on
10 developing a law that said the State of New York
11 should represent the localities in their
12 negotiations on property tax with the utility
13 companies, so that the localities aren't left
14 hanging but, rather, the State of New York, with
15 our power, with our expertise, through our state
16 agencies, through Tax and Finance, through the
17 Division of Real Property -- ORD. I forgot what
18 the D -- ORPTS, thank you. Thank you,
19 Mr. President -- within Tax and Finance, that
20 with their expertise they could in fact negotiate
21 fair taxes with these large utilities.
22 So I appreciate what the sponsor is
23 trying to do. I appreciate that her locality
24 came to her and asked for this extension. I
25 believe that if we all had the dialogue -- and I
3570
1 don't know how many utilities this is applying to
2 right now in New York State. The sponsor doesn't
3 either.
4 I think we could end up with a far
5 better result if, rather than extending this law
6 till 2031, we actually created a mechanism where
7 the State of New York would take on the
8 responsibility for assuring that the correct
9 assessment was negotiated with each utility
10 company wherever they were in the State of
11 New York, and it would be a win for the
12 communities and, frankly, a win for the state.
13 Because we know when corporations
14 aren't paying their fair share, then somebody
15 else has to come up with that revenue or that
16 community turns to us saying, Help, we don't have
17 the money we need to meet our basic service
18 needs. And we also know that when there's a
19 large utility somewhere, there are real costs and
20 impacts on that community.
21 So I personally believe they deserve
22 our help, but not this way. I'll be voting no,
23 Mr. President.
24 ACTING PRESIDENT GRIFFO: Thank
25 you.
3571
1 Seeing and hearing no other Senator
2 who wishes to be heard, the debate is closed.
3 The Secretary will ring the bell.
4 Will members take their seats,
5 please.
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT GRIFFO: Senator
13 Ritchie to explain her vote.
14 SENATOR RITCHIE: Thank you,
15 Mr. President.
16 Though I respect Senator Krueger's
17 comments, she forgot one critical part. Not only
18 does it stabilize the rates for the local
19 community, it actually is to their benefit to
20 protect and make sure that the hundreds of jobs
21 from those three nuclear facilities are kept in
22 Oswego County.
23 Each and every time the unemployment
24 rates come out, Oswego posts one of the highest
25 numbers. And those jobs at the three nuclear
3572
1 facilities are sought-after jobs, they're
2 high-paying, there is a line of people who are
3 looking to get in there.
4 So not only does this bill help
5 local communities stabilize their tax rate, it
6 also helps protect those hundreds of jobs that
7 are in Oswego County.
8 I vote yes, Mr. President.
9 ACTING PRESIDENT GRIFFO: Senator
10 Ritchie will be recorded in the affirmative.
11 Announce the results.
12 THE SECRETARY: In relation to
13 Calendar 889, those recorded in the negative are
14 Senators Krueger and Squadron.
15 Absent from voting: Senators
16 Bonacic, Espaillat, Parker and Sanders.
17 Ayes, 52. Nays, 2.
18 ACTING PRESIDENT GRIFFO: The
19 Secretary will reannounce the results.
20 THE SECRETARY: In relation to
21 Calendar 889, those recorded in the negative are
22 Senators Krueger and Squadron.
23 Absent from voting: Senators
24 Bonacic, Espaillat, and Sanders.
25 Ayes, 53. Nays, 2.
3573
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 Senator Libous, that --
4 SENATOR LIBOUS: Is there any
5 further business at the desk, sir?
6 ACTING PRESIDENT GRIFFO: Senator
7 Libous, that completes the reading of the
8 controversial calendar.
9 SENATOR LIBOUS: Now I'll make my
10 statement. Is there any further business at the
11 desk?
12 ACTING PRESIDENT GRIFFO: There is
13 no further business before the desk.
14 SENATOR LIBOUS: Then we're going
15 to adjourn until tomorrow, Wednesday, June 11th,
16 at 11:30 a.m.
17 ACTING PRESIDENT GRIFFO: On
18 motion, the Senate will stand adjourned until
19 Wednesday, June 11th, at 11:30 a.m.
20 The Senate stands adjourned.
21 (Whereupon, at 5:06 p.m., the Senate
22 adjourned.)
23
24
25