Regular Session - June 17, 2014

                                                                   4080

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 17, 2014

11                     11:11 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID CARLUCCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               4081

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

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT CARLUCCI:   In the 

10   absence of clergy, may we please bow our heads 

11   in a moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT CARLUCCI:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, Monday, 

17   June 16th, the Senate met pursuant to 

18   adjournment.  The Journal of Sunday, June 15th, 

19   was read and approved.  On motion, Senate 

20   adjourned.

21                ACTING PRESIDENT CARLUCCI:    

22   Without objection, the Journal stands approved 

23   as read.

24                Presentation of petitions.

25                Messages from the Assembly.


                                                               4082

 1                The Secretary will read.

 2                THE SECRETARY:   On page 8, Senator 

 3   Zeldin moves to discharge, from the Committee on 

 4   Rules, Assembly Bill Number 5179C and substitute 

 5   it for the identical Senate Bill 3823C, Third 

 6   Reading Calendar 167.

 7                On page 11, Senator Ritchie moves 

 8   to discharge, from the Committee on Education, 

 9   Assembly Bill Number 6442A and substitute it for 

10   the identical Senate Bill 3968A, Third Reading 

11   Calendar 259.

12                On page 12, Senator LaValle moves 

13   to discharge, from the Committee on 

14   Environmental Conservation, Assembly Bill Number 

15   8561A and substitute it for the identical Senate 

16   Bill 6419A, Third Reading Calendar 341.

17                On page 14, Senator LaValle moves 

18   to discharge, from the Committee on Higher 

19   Education, Assembly Bill Number 8659 and 

20   substitute it for the identical Senate Bill 

21   6666, Third Reading Calendar 438.

22                On page 21, Senator Marchione moves 

23   to discharge, from the Committee on 

24   Corporations, Authorities and Commissions, 

25   Assembly Bill Number 9234A and substitute it for 


                                                               4083

 1   the identical Senate Bill 6934A, Third Reading 

 2   Calendar 610.

 3                On page 21, Senator Carlucci moves 

 4   to discharge, from the Committee on Rules, 

 5   Assembly Bill Number 9934A and substitute it for 

 6   the identical Senate Bill 6846A, Third Reading 

 7   Calendar 613.

 8                On page 25, Senator Young moves to 

 9   discharge, from the Committee on Higher 

10   Education, Assembly Bill Number 8867A and 

11   substitute it for the identical Senate Bill 

12   2742B, Third Reading Calendar 699.

13                On page 26, Senator Young moves to 

14   discharge, from the Committee on Housing, 

15   Construction and Community Development, Assembly 

16   Bill Number 9736 and substitute it for the 

17   identical Senate Bill 7146, Third Reading 

18   Calendar 780.

19                On page 27, Senator Young moves to 

20   discharge, from the Committee on Agriculture, 

21   Assembly Bill Number 9735 and substitute it for 

22   the identical Senate Bill 7162, Third Reading 

23   Calendar 782.

24                On page 29, Senator Perkins moves 

25   to discharge, from the Committee on Health, 


                                                               4084

 1   Assembly Bill Number 9202 and substitute it for 

 2   the identical Senate Bill 6876, Third Reading 

 3   Calendar 870.

 4                On page 30, Senator Young moves to 

 5   discharge, from the Committee on Energy and 

 6   Telecommunications, Assembly Bill Number 7167E 

 7   and substitute it for the identical Senate Bill 

 8   5863A, Third Reading Calendar 920.

 9                On page 30, Senator Ranzenhofer 

10   moves to discharge, from the Committee on Energy 

11   and Telecommunications, Assembly Bill Number 

12   8798A and substitute it for the identical Senate 

13   Bill 6159A, Third Reading Calendar 921.

14                On page 36, Senator Lanza moves to 

15   discharge, from the Committee on Cities, 

16   Assembly Bill Number 9613 and substitute it for 

17   the identical Senate Bill 7516, Third Reading 

18   Calendar 1041.

19                ACTING PRESIDENT CARLUCCI:    

20   Substitutions ordered.

21                Messages from the Governor.

22                Reports of standing committees.

23                Reports of select committees.

24                Communications and reports from 

25   state officers.


                                                               4085

 1                Motions and resolutions.

 2                Senator Libous.

 3                SENATOR LIBOUS:   Mr. President, 

 4   before we get into motions -- and I believe 

 5   Senator Serrano has one too -- there will be an 

 6   immediate meeting of the Crime and Corrections 

 7   Committee in Room 332.  So an immediate meeting 

 8   of Crime and Corrections in Room 332.

 9                And if the members for any 

10   reason -- we'll probably go through the 

11   noncontroversial reading.  And if members want 

12   to vote no or whatever when they get back, we'll 

13   accommodate their wishes.

14                But Room 332, Crime and 

15   Corrections, right now.

16                ACTING PRESIDENT CARLUCCI:   Thank 

17   you, Senator Libous.  

18                There will be an immediate meeting 

19   of the Crime and Corrections Committee in 

20   Room 332.

21                Senator Serrano.

22                SENATOR SERRANO:   Thank you, 

23   Mr. President.  

24                I wish to call up Senator Andrea 

25   Stewart-Cousins's bill, Print Number 6738A, 


                                                               4086

 1   recalled from the Assembly, which is now at the 

 2   desk.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   698, by Senator Stewart-Cousins, Senate Print 

 7   6738A, an act to amend Chapter 566 of the Laws 

 8   of 1967.

 9                ACTING PRESIDENT CARLUCCI:   Call 

10   the roll on reconsideration.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 50.

13                SENATOR SERRANO:   Mr. President, I 

14   now move to reconsider the vote by which this 

15   bill was passed.

16                ACTING PRESIDENT CARLUCCI:   Call 

17   the roll on reconsideration.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 50.

20                SENATOR SERRANO:   Mr. President, I 

21   now offer the following amendments.  

22                ACTING PRESIDENT CARLUCCI:   The 

23   amendments are accepted.

24                Thank you, Senator Serrano.

25                Senator Libous.


                                                               4087

 1                SENATOR LIBOUS:   Thank you, 

 2   Mr. President.  

 3                On behalf of Senator DeFrancisco, 

 4   I'd like to call up his bill, Senate Print 6606, 

 5   recalled from the Assembly, which is now at the 

 6   desk.

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   1343, by Senator DeFrancisco, Senate Print 6606, 

11   an act to amend the General Obligations Law.

12                SENATOR LIBOUS:   Mr. President, at 

13   this time I'd like to reconsider the vote by 

14   which this bill was passed.

15                ACTING PRESIDENT CARLUCCI:   Call 

16   the roll on reconsideration.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 51.

19                SENATOR LIBOUS:   Mr. President, I 

20   offer up the following amendments.

21                ACTING PRESIDENT CARLUCCI:   The 

22   amendments are accepted.

23                Senator Libous.

24                SENATOR LIBOUS:   Mr. President, at 

25   this time there was a previously adopted 


                                                               4088

 1   resolution by Senator Latimer, it was Number 

 2   5169.  Could we have the title read, and could 

 3   you call on Senator Latimer for comments.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Legislative 

 7   Resolution Number 5169, by Senator Latimer, 

 8   paying tribute to the late Luigi Del Bianco of 

 9   Port Chester, New York, in recognition of his 

10   outstanding craftsmanship and the role he played 

11   in helping to carve Mount Rushmore, one of 

12   America's most awe-inspiring treasures.

13                ACTING PRESIDENT CARLUCCI:    

14   Senator Latimer.  

15                SENATOR LATIMER:   Thank you, 

16   Mr. President.  

17                For me, this is an unusual moment, 

18   because I have not yet, in my year and a half as 

19   a Senator, spoken on a resolution.  My sense is 

20   that the time of the Senate is valuable, and I 

21   need really to have a strong reason to stand up 

22   to tell you about someone who represents part of 

23   my district.

24                But the story of Luigi Del 

25   Bianco -- and I'll be as brief as I can, knowing 


                                                               4089

 1   the time constraints -- the story of Luigi Del 

 2   Bianco is a story about an individual, but it's 

 3   a story that has resonance to lots of other 

 4   individuals in this state of ours.  Luigi Del 

 5   Bianco was an Italian-American immigrant who 

 6   came to New York, and he came with skills as a 

 7   stonemason.  

 8                And in the 1920s and 1930s, when 

 9   Mount Rushmore was conceived and created in 

10   South Dakota, he became part of a team of people 

11   and ultimately became the chief carver for the 

12   four faces of the four great Americans on 

13   Mount Rushmore.  

14                There's certainly something 

15   symbolic about an Italian-American immigrant who 

16   comes to this country and winds up being the 

17   person who finalizes, as the chief carver, the 

18   images of four great Americans -- President 

19   Washington, President Jefferson, President 

20   Lincoln, and President Teddy Roosevelt.  

21                And the story of his work, dangling 

22   thousands of feet in the sky above the ground to 

23   ultimately ensure that those four faces looked 

24   like those four great Americans, would be an 

25   accomplishment story in and of itself.  But his 


                                                               4090

 1   work as a stonemason exposed him, in that day 

 2   and age, to the types of problems that 

 3   ultimately caused his life to be lived briefly.  

 4   He died at a young age because of what he 

 5   inhaled as a stone carver in that kind of 

 6   proximity.  So in many ways he gave his life for 

 7   his art.

 8                The happy side of the story has a 

 9   sad side, and that is that the United States 

10   Department of Interior has not recognized Luigi 

11   Del Bianco for his achievements as chief carver, 

12   treating him as part of the 400-member team, as 

13   if he was just any one of the members that 

14   accomplished that great task.  And the further 

15   sad news is that I believe, as does his 

16   biographer, Doug Gladstone, that he was denied 

17   the proper respect for his accomplishment 

18   because he was an Italian-American immigrant.  

19                Now, in this chamber we have spoken 

20   in many, many ways very effusively about people 

21   from many different ethnic backgrounds, because 

22   it is a wonderful mosaic that makes up New York.  

23   It is hard to remember in 2014 the prejudice 

24   that Italian Americans faced in the 1920s.  That 

25   was the era of Sacco and Vanzetti.  That was the 


                                                               4091

 1   era when those who were Italian American were 

 2   all presumed to be part of organized crime.  

 3                And this talented artisan, in my 

 4   judgment and the judgment of many people, has 

 5   been denied the respect that he deserves because 

 6   he was an Italian American.  And in this day and 

 7   age, there are people of other ethnic 

 8   backgrounds who face the same kind of prejudice.  

 9                This resolution says, from the 

10   standpoint of the New York State Senate, that we 

11   want to redress that unfairness.  We want a 

12   person -- although of immigrant status, born in 

13   another country -- who came to this land and 

14   made a contribution to our American heritage, 

15   that he deserves the respect of a grateful 

16   nation.  That is what this resolution does, 

17   Mr. President.  

18                And I know Senator Libous will say 

19   in a few seconds that it will be open for 

20   everybody's involvement.  As we have stood here 

21   and the honored the role of African-Americans, 

22   those who are Latino, those of Irish-American 

23   background, those of Polish-American background, 

24   it is part of my proud heritage, Mr. President, 

25   as it is part of your proud heritage, that the 


                                                               4092

 1   Italian-American community in this country has 

 2   produced great work.  And the work of Luigi Del 

 3   Bianco recognized in this resolution, a resident 

 4   of Port Chester, New York, in my district, is 

 5   one of those individuals.  

 6                Thank you for the opportunity to 

 7   share that and to tell the Del Bianco family 

 8   this weekend, when we have a ceremony in 

 9   Port Chester, that the New York State Senate 

10   recognizes his accomplishments.  

11                Thank you.

12                ACTING PRESIDENT CARLUCCI:   Thank 

13   you, Senator Latimer.  

14                And congratulations on your first 

15   resolution, and thank you for honoring Luigi Del 

16   Bianco.

17                Senator Libous.

18                SENATOR LIBOUS:   Mr. President, I 

19   believe Senator Kennedy has a resolution, Number 

20   5849, at the desk.  Could we have the title read 

21   on call on Senator Kennedy.

22                ACTING PRESIDENT CARLUCCI:   The 

23   Secretary will read.

24                SENATOR LIBOUS:   Oh, I'm sorry.  

25   I'm sorry, I think Senator Latimer wanted to 


                                                               4093

 1   open up his resolution.  And if we could do 

 2   that.  As the policy goes, if you choose not to 

 3   be on the reso, let the desk know.  Otherwise, 

 4   you will be on the reso.

 5                ACTING PRESIDENT CARLUCCI:    

 6   Senator Latimer's resolution is open for 

 7   cosponsorship.  If you wish to not be a 

 8   cosponsor, please notify the desk.

 9                The Secretary will read the title 

10   of Senator Kennedy's resolution.

11                THE SECRETARY:   Legislative 

12   Resolution Number 5849, by Senator Kennedy, 

13   commending the Honorable Arthur O. Eve upon the 

14   occasion of the naming of the University of 

15   Buffalo's Educational Opportunity Center in his 

16   honor.

17                ACTING PRESIDENT CARLUCCI:    

18   Senator Kennedy on the resolution.

19                SENATOR KENNEDY:   Thank you, 

20   Mr. President.  

21                I rise today to honor an 

22   outstanding leader in Western New York and in 

23   New York State, a man who has proven himself 

24   across this great state and nation, Arthur O. 

25   Eve.  


                                                               4094

 1                Arthur O. Eve's name will soon 

 2   appear upon the University of Buffalo's 

 3   Educational Opportunity Center.  The Honorable 

 4   Arthur O. Eve served Buffalo and Western 

 5   New York with great distinction in the New York 

 6   State Assembly for 37 years.  

 7                A founding member of the New York 

 8   State Black and Puerto Rican Legislative Caucus, 

 9   Arthur O. Eve was a leading champion for 

10   educational and economic opportunity throughout 

11   his career and dedicated his life to serving the 

12   underprivileged throughout our state.  

13   Assemblyman Eve was instrumental in establishing 

14   the Educational Opportunity Program within the 

15   SUNY system and worked tirelessly to provide new 

16   educational and job training opportunities for 

17   New Yorkers in need.

18                As deputy speaker of the State 

19   Assembly, Assemblyman Eve served as the 

20   highest-ranking African American in the entire 

21   New York State Legislature.  And back in 

22   Buffalo, Arthur Eve was a predominant figure in 

23   the local civil rights movement, often a key 

24   organizer and negotiator who was able to improve 

25   both local and statewide opportunities for 


                                                               4095

 1   minorities.  He led nonviolent protests to 

 2   ensure minorities had access to union membership 

 3   and the rights and protections they deserve.

 4                Hitting the ground running during 

 5   his first term as an Assemblyman, Mr. Eve led 

 6   the effort to obtain the initial $500,000 needed 

 7   to establish the Educational Opportunity 

 8   Program, a truly life-changing program.  Since 

 9   the 1970s, colleges in New York have 

10   administered the Arthur O. Eve Higher Education 

11   Opportunity Program, the primary objective of 

12   which is to improve a provide a broad range of 

13   services to New York State residents who, 

14   because of socioeconomic circumstances, may be 

15   unable to pursue higher education.  

16                Assemblyman Eve's contributions to 

17   educational equity and opportunity is vast and 

18   spans nearly four decades of service to New York 

19   State government.  For these accomplishments and 

20   his commitment to serving the community, the 

21   University Council and the University at Buffalo 

22   have taken a much-deserved action to honor this 

23   great man in a meaningful and lasting way for 

24   generations to come.  The Honorable Arthur O. 

25   Eve's name will soon be prominently displayed on 


                                                               4096

 1   the University at Buffalo's Educational 

 2   Opportunity Center, a fitting tribute to the 

 3   exceptional work and passion for expanding 

 4   higher educational opportunities in Western 

 5   New York throughout this state and throughout 

 6   this great nation.  We all owe Mr. Eve a 

 7   tremendous debt of gratitude.

 8                On a personal note, I have long 

 9   admired the work of Assemblyman Eve.  The issues 

10   he championed are issues that I've made a 

11   priority for myself and the work that we've done 

12   throughout Western New York and this great 

13   state.  I want to thank him for his inspiration 

14   and example that he's provided, not just for me 

15   but for so many others who have entered public 

16   service.  

17                And I urge all of my colleagues 

18   here today not just to vote for this resolution 

19   honoring the former deputy speaker of the 

20   Assembly and the individual who has given so 

21   much to this great state, but also to sign on as 

22   cosponsors, pushing our unity back to Buffalo 

23   and Western New York in a highly deserved way.

24                Thank you, Mr. President.  I vote 

25   aye.


                                                               4097

 1                ACTING PRESIDENT CARLUCCI:   Thank 

 2   you, Senator Kennedy.

 3                Senator Stavisky on the resolution.

 4                SENATOR STAVISKY:   On the 

 5   resolution, Mr. President.

 6                Thank you, Senator Kennedy, for 

 7   introducing and sponsoring this legislation.  

 8                I got to know Arthur Eve many, many 

 9   years ago when he served in the Assembly.  I 

10   think he was elected to the Assembly in 1967 -- 

11   before some of the members here were born, I 

12   suspect.  But he served with my husband when my 

13   husband was in the Assembly, and both of them 

14   were concerned about the schoolchildren in 

15   New York City.  

16                And Arthur Eve was responsible 

17   early in his career, as Senator Kennedy said, 

18   for the Higher Education Opportunity Program, 

19   the SEEK program, and other programs, other 

20   opportunity programs which help young people who 

21   might otherwise be out on the streets without a 

22   job.  It helps these young people attain a 

23   college degree and, as a result, increased 

24   earning and becoming a productive member of the 

25   community.


                                                               4098

 1                And these are important programs 

 2   that often we neglect.  Often we forget in the 

 3   budget that these opportunity programs, whether 

 4   it be HEOP or EOP or any of the programs, they 

 5   are cost-effective.  And it's because of 

 6   visionaries like Arthur O. Eve -- I never 

 7   thought of him as Arthur O. Eve, but Assemblyman 

 8   Eve was responsible for so many of these 

 9   programs.

10                He also was responsible for 

11   bringing some sanity to the terrible situation 

12   at Attica.  And it was his mediation efforts, 

13   his efforts as a conciliator, that brought some 

14   peace to a very troubling situation.

15                So Arthur was in Albany about six 

16   weeks ago to receive a number of awards.  I saw 

17   him then.  And he I know will be smiling at the 

18   dedication of the center in Buffalo named in his 

19   honor.  And I think it's nice that we're doing 

20   it not in memory, but in honor.  And it is an 

21   honor.

22                Thank you.

23                ACTING PRESIDENT CARLUCCI:   Thank 

24   you, Senator Stavisky.

25                The question is on the resolution.  


                                                               4099

 1   All in favor of adopting the resolution please 

 2   say aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT CARLUCCI:    

 5   Opposed, nay.

 6                (No response.)

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   resolution is adopted.  

 9                And the resolution has been opened 

10   for cosponsorship.  If you do not wish to be a 

11   cosponsor, please notify the desk.  

12                Senator Libous.  

13                SENATOR LIBOUS:   Thank you, 

14   Mr. President.

15                There's a resolution at the desk by 

16   Senator Stewart-Cousins, Number 5991.  Please 

17   read it in its entirety and call on the leader.

18                ACTING PRESIDENT CARLUCCI:   The 

19   Secretary will read.

20                THE SECRETARY:   Legislative 

21   Resolution 5991, by Senator Stewart-Cousins, 

22   paying grateful tribute to the distinguished and 

23   remarkable life of Ruby Dee, legendary actress 

24   and civil rights activist.  

25                "WHEREAS, It is the sense of this 


                                                               4100

 1   Legislative Body to pay proper tribute to those 

 2   cherished citizens of the State of New York 

 3   whose purposeful lives exemplified the highest 

 4   ideals of humanity; and 

 5                "WHEREAS, Attendant to such 

 6   concern, and in full accord with its 

 7   long-standing traditions, this Legislative Body 

 8   is proud to inscribe upon its records this 

 9   memoriam for Ruby Dee, noted actress and civil 

10   rights activist; and 

11                "WHEREAS, Ruby Dee died at her home 

12   in New Rochelle, New York, on Wednesday, 

13   June 11, 2014, at the age of 91; and 

14                "WHEREAS, Over the course of her 

15   remarkable seven-decade career on stage, 

16   television and film, and parallel career in  

17   activism, Ruby Dee devoted her prodigious 

18   talents and energies to the uplift of all 

19   people, defying racial stereotypes, championing 

20   for justice and equality, and moving audiences 

21   the world over with her powerful performances; 

22   and 

23                "WHEREAS, Born Ruby Ann Wallace in 

24   Cleveland, Ohio, Ruby Dee grew up in Harlem, and 

25   got involved in acting as a teenager; she began 


                                                               4101

 1   studying her craft at the American Negro 

 2   Theatre, the renowned and historic company that 

 3   nurtured the talents of many African American 

 4   greats, including Sidney Poitier and Harry 

 5   Belafonte; and 

 6                "WHEREAS, Ruby Dee had her first 

 7   career breakthrough in 1946, when she took the 

 8   title role in the ANT's Broadway production of 

 9   Anna Lucasta; she met actor and future husband 

10   Ossie Davis while co-starring in the 1946 

11   Broadway play Jeb, beginning the six-decade 

12   creative and romantic partnership that 

13   contributed to the actress's tremendous legend 

14   and legacy; and 

15                "WHEREAS, She received national 

16   recognition for her role in the 1950 film The  

17   Jackie Robinson Story; in 1959, she landed a 

18   starring role on Broadway in Lorraine 

19   Hansberry's play A Raisin in the Sun, earning 

20   great acclaim for her portrayal of Ruth Younger, 

21   which continues to be one of her best-known 

22   roles; two years later, she reprised her role  

23   in the film version of the play; and 

24                "WHEREAS, In 1961, Ruby Dee 

25   co-starred with her husband in his Southern 


                                                               4102

 1   comedic play Purlie Victorious, one of the many  

 2   creative projects the couple worked on over the 

 3   years; they reprised their roles for the 1963 

 4   film adaptation; and 

 5                "WHEREAS, In 1965, Ruby Dee 

 6   performed in lead roles at the American 

 7   Shakespeare Festival as Kate in The Taming of 

 8   the Shrew and Cordelia in King Lear, becoming 

 9   the first black actress to portray a lead role 

10   in the festival; and 

11                "WHEREAS, During this time Ruby Dee 

12   grew increasingly active in the civil rights 

13   movement, participating in marches and speaking  

14   out for racial  equality; in 1963, she emceed 

15   the March on Washington for Jobs and Freedom, 

16   and she was a member of Congress of Racial 

17   Equality (CORE), the NAACP, the Student 

18   Nonviolent Coordinating Committee, Delta Sigma 

19   Theta sorority, and the Southern Christian  

20   Leadership Conference; both she and her husband 

21   were friends of Malcolm X and Martin Luther 

22   King, Jr.; and

23                "WHEREAS, Throughout the 1970s and 

24   '80s, Ruby Dee continued to give stellar 

25   performances; she earned Drama Desk and Obie 


                                                               4103

 1   awards for the 1970 play Boesman and Lena, and 

 2   she wrote the book and lyrics for the musical 

 3   Take It from the Top!  In addition, she won a 

 4   Drama Desk Award for her role in Alice 

 5   Childress's Wedding Band, and an Ace Award for 

 6   her performance in Eugene O'Neill's Long Day's 

 7   Journey into Night; and 

 8                "WHEREAS, On the small screen, in 

 9   the 1960s Ruby Dee appeared on the popular 

10   prime-time soap opera Peyton Place, and later 

11   had her own series on public television with her 

12   husband, With Ossie & Ruby; she garnered an Emmy 

13   Award nomination for her role in the 1979 

14   miniseries Roots:  The Next Generation; and 

15                "WHEREAS, Ruby Dee's film credits 

16   also include Uptight (1968), which she also  

17   co-wrote, Buck and the Preacher (1972), Do The 

18   Right Thing (1989) and The Delany Sisters: The 

19   First Hundred Years (1999); she won an Emmy 

20   Award for her performance in the Hallmark Hall  

21   of Fame production Decoration Day; and 

22                "WHEREAS, Her published works 

23   include the humorous My One Good Nerve, and 

24   various recordings for young people; in 1998 she 

25   and her husband, the late Ossie Davis, co-wrote 


                                                               4104

 1   the autobiographical book With Ossie and Ruby:  

 2   In This Life Together, for which she won a 

 3   Grammy, in which they take turns telling their 

 4   stories as actors, activists, a married couple, 

 5   and as parents; and 

 6                "WHEREAS, In 2000, Ruby Dee 

 7   received the Screen Actors Guild's Life 

 8   Achievement Award; she was also an inductee of 

 9   the Theater Hall of Fame, as well as the NAACP 

10   Hall of Fame; and 

11                "WHEREAS, Ruby Dee suffered a 

12   tremendous loss in 2005 when her husband, Ossie 

13   Davis, died unexpectedly; continuing to work 

14   despite her grief, she delivered one of her 

15   great performances in 2007's American Gangster, 

16   receiving an Academy Award nomination and 

17   winning a Screen Actors Guild Award for her 

18   portrayal of the mother of a notorious crime 

19   figure; and 

20                "WHEREAS, Ruby Dee performed 

21   throughout her life; in 2013 she was hired to 

22   narrate the Lifetime original movie Betty and 

23   Coretta, which followed the lives of Coretta 

24   Scott King and Betty Shabazz after the 

25   assassinations of their husbands; and 


                                                               4105

 1                "WHEREAS, Ruby Dee is survived by 

 2   her son, Guy Davis, her daughters, Nora Davis 

 3   Day and Hasna Davis Muhammad, and seven 

 4   grandchildren; and 

 5                "WHEREAS, Armed with a humanistic 

 6   spirit and imbued with a sense of compassion,  

 7   Ruby Dee leaves behind a legacy which will long 

 8   endure the passage of time and will remain as  

 9   an inspiration and comfort; now, therefore, be 

10   it 

11                "RESOLVED, That this Legislative 

12   Body pause in its deliberations to mourn the 

13   passing of legendary actress and activist 

14   Ruby Dee; and be it further 

15                "RESOLVED, That a copy of this 

16   resolution, suitably engrossed, be transmitted 

17   to the family of Ruby Dee."

18                ACTING PRESIDENT CARLUCCI:    

19   Senator Stewart-Cousins on the resolution.

20                SENATOR STEWART-COUSINS:   Thank 

21   you, Mr. President.

22                I rise to really pay homage to 

23   Ruby Dee, who, as was read, was extraordinary.  

24   An incredible activist, star, but I know her as 

25   a constituent.  She lived in New Rochelle with 


                                                               4106

 1   her great husband, Ossie.  And the things they 

 2   did locally set them apart, because they weren't 

 3   stars at home -- although they always will be 

 4   regarded as that -- they were just community 

 5   people who did whatever they could do to make 

 6   something happen.  

 7                I remember with the struggle for 

 8   creating a human rights commission in 

 9   Westchester County, they were there.  When it 

10   came to walking on picket lines for workers, 

11   they were there.  And in 2002 when the 

12   New Rochelle Library needed funding, Ruby and 

13   Ossie were there.

14                I saw Ruby I guess about a year ago 

15   for a local theater group who was just trying to 

16   raise money, and they invited Ruby to be the 

17   featured guest.  And she came in all of her 

18   elegance and all of her beauty, and she 

19   delivered these extraordinary lines.  And of 

20   course everyone gave her a standing ovation.  

21   But what was most important to Ruby is that they 

22   supported this local theater group that gave 

23   birth to so many dreams.

24                When you look at the fact that she 

25   began her career in the 1940s, you have to 


                                                               4107

 1   contextualize it.  Again, that wasn't a time 

 2   where black actors and actresses were able to 

 3   get much work.  And yet because of the talent of 

 4   Ruby, she was able to do stage and she was able 

 5   to do screen.  

 6                But then in the 1960s, she got 

 7   involved with the civil rights movement.  She 

 8   was a friend, as was Ossie, of Dr. King and of 

 9   Malcolm X.  She talked about civil rights.  She 

10   moved the ball forward.  And they weren't afraid 

11   of what would happen to their careers, because 

12   they understood the larger picture.  And if she 

13   was going to be what was called blacklisted or 

14   whatever because of her activism and because of 

15   Ossie's activism, the love that they had for 

16   each other and the community far outweighed what 

17   could happen to them.

18                And as we see, they were on the 

19   front line of a movement, and they continued 

20   such a rich and loving career.

21                Ruby Dee once said "The kind of 

22   beauty I want most is the hard-to-get kind that 

23   comes from within -- strength, courage, 

24   dignity."  As I offer condolences to her family, 

25   I say to Ruby, you accomplished all those 


                                                               4108

 1   things.  A job well done.  Rest in peace.

 2                Thank you.

 3                ACTING PRESIDENT CARLUCCI:   Thank 

 4   you, Senator Stewart-Cousins.

 5                Any other Senators who wish to be 

 6   heard on the resolution?  

 7                Senator Montgomery on the 

 8   resolution.

 9                SENATOR MONTGOMERY:   Yes, thank 

10   you, Mr. President.

11                A few weeks ago we celebrated what 

12   we consider to be phenomenal women in our state.  

13   It's an annual celebration.  And so this year we 

14   will end the year with still another phenomenal 

15   woman, who we shall always consider a woman of 

16   distinction.  

17                And I am so pleased that our leader 

18   has decided not only to introduce this 

19   resolution, but to remind us and give us an 

20   opportunity to hear the long and distinguished 

21   life and service of this great woman.  So I 

22   appreciate you introducing this and having it 

23   read for us and speaking on it.  

24                And of course Ruby Dee will always 

25   be, for us in New York -- she lived in New York, 


                                                               4109

 1   she is a New York woman of distinction and of 

 2   major contribution to the arts and to the civil 

 3   rights movement in this nation.  

 4                So thank you, Mr. President.  Thank 

 5   you, Madam Leader, for introducing this 

 6   resolution.  And I happily would like to be a 

 7   cosponsor on it.  

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT CARLUCCI:   Thank 

10   you, Senator Montgomery.

11                Are there any members wishing to be 

12   heard on the resolution?  

13                Seeing none, the question is on the 

14   resolution.  All in favor of adopting the 

15   resolution signify by saying aye.

16                (Response of "Aye.")

17                ACTING PRESIDENT CARLUCCI:    

18   Opposed, nay.

19                (No response.)

20                ACTING PRESIDENT CARLUCCI:   The 

21   resolution is adopted.

22                Senator Libous.

23                SENATOR LIBOUS:   Thank you, 

24   Mr. President.  

25                I think the leader would like the 


                                                               4110

 1   resolution opened up to all the members.  If for 

 2   some reason you choose not to be on the 

 3   resolution, let the front desk know.

 4                ACTING PRESIDENT CARLUCCI:   So 

 5   ordered.

 6                Senator Libous.

 7                SENATOR LIBOUS:   I believe we now 

 8   have a resolution by Senator Breslin.  It would 

 9   be Number 5933.  Could we read its title and all 

10   call on the good Senator for comments.

11                ACTING PRESIDENT CARLUCCI:   The 

12   Secretary will read.

13                THE SECRETARY:   Legislative 

14   Resolution Number 5933, by Senator Breslin, 

15   honoring Pitcher Jeffrey R. Hoffman upon the 

16   occasion of being drafted in the first round of 

17   the 2014 Major League Baseball Draft by the 

18   Toronto Blue Jays.

19                ACTING PRESIDENT CARLUCCI:    

20   Senator Breslin on the resolution.

21                SENATOR BRESLIN:   Thank you, 

22   Mr. President.  

23                It's one of those happy days.  That 

24   we have Jeff Hoffman here, a family I've known 

25   for many years.  His mom works in the Assembly, 


                                                               4111

 1   Michele.  And Jeff Hoffman came out of Shaker 

 2   High School, within a couple of miles from here, 

 3   as an outstanding pitching process, and more 

 4   importantly a wonderful young man who's involved 

 5   in his community.  

 6                He went to East Carolina, where he 

 7   proceeded to grow not only physically but in 

 8   terms of his baseball ability, where his fast 

 9   ball started to reach the mid-nineties.  And 

10   during the time he was at East Carolina, which 

11   is in North Carolina, he also in the summertimes 

12   played in the Cape Cod League, which many of you 

13   know is one of the outstanding if not the best 

14   amateur league in the United States.  Where, in 

15   2013, he was awarded the most likely to go pro 

16   and do well, in the Cape Cod League.  

17                And then he was getting ready for 

18   the Major League draft, and there was a 

19   tremendous amount of excitement not only here 

20   but in North Carolina and throughout the 

21   country.  And unfortunately at that time -- even 

22   though there were two major rating services, one 

23   who rated him the number-one draft choice in the 

24   country, the other number two -- he injured his 

25   elbow and had what we call Tommy John surgery.  


                                                               4112

 1   And that Tommy John surgery was performed a 

 2   month and a half ago.  

 3                And for the Toronto Blue Jays, 

 4   given the surgery, to pick him number nine in 

 5   the draft, out of hundreds and hundreds and 

 6   thousands of baseball players available, is 

 7   remarkable.  

 8                And he's on the road to recovery.  

 9   He's going to go down to Florida in a short 

10   while to rehabilitate his elbow.  

11                But it's a feel-good story to have 

12   a fine young man with tremendous athletic 

13   ability from a wonderful family do well.  And 

14   it's my pleasure to honor Jeff here today.  And 

15   we look forward -- the pictures that were taken, 

16   I saw Senator Kennedy and Senator O'Mara over 

17   there, they're going to see that picture in a 

18   few years and say, Oh, my gosh, I took a picture 

19   with a Cy Young Award winner.  It's going to be 

20   a remarkable day in the years to come.

21                So I salute you, Jeff, I salute 

22   your family, and I wish you Godspeed and do 

23   well.  

24                Thank you, Mr. President.

25                ACTING PRESIDENT CARLUCCI:   Thank 


                                                               4113

 1   you, Senator Breslin.

 2                Are there members wishing to be 

 3   heard on the resolution?

 4                Senator Kennedy on the resolution.

 5                SENATOR KENNEDY:   Yes, thank you, 

 6   Mr. President, I just want to take this 

 7   opportunity as well.  

 8                I just had an opportunity to meet 

 9   Jeffrey Hoffman for the first time.  And as I 

10   got to speak with this young man, I got to see 

11   such a bright future in front of him.  Drafted 

12   in the first round in any major sport is 

13   extraordinary.

14                But in baseball, when the level of 

15   competition is at the highest level all across 

16   the country, all across the globe -- it's not 

17   just our national sport, it's becoming a 

18   national sport all around the world.  And to be 

19   drafted in the first right now in the major 

20   leagues is such an amazing feat.  So 

21   congratulations to you and your family.  

22                And we look forward to seeing you 

23   rise up through the ranks, playing for the 

24   Buffalo Bisons -- 

25                (Laughter.)


                                                               4114

 1                SENATOR KENNEDY:   -- before you go 

 2   on to their parent team, the Toronto Blue Jays, 

 3   and ultimately we are hoping that you bring home 

 4   the championship in the triple A to Buffalo 

 5   before you go win the World Series up in 

 6   Toronto.  But we're going to be cheering for you 

 7   all the way through.  

 8                And I'm looking forward to telling 

 9   my own son about the opportunity I had to meet 

10   you here today, as he's taking up the sport of 

11   baseball.  

12                And my daughter, who I will be 

13   happy to brag here on the floor of the Senate, I 

14   received a picture yesterday while we were here 

15   passing bills, received the game ball in her 

16   T-ball league.  She's 5 years old.  So I was 

17   told by my wife later on that she spent most of 

18   the game Irish dancing in the outfield and 

19   picking in the dirt, but I guess that's what you 

20   do when you're 5 years old playing T-ball.  But 

21   she earned the game ball nonetheless, so ...

22                Anyways, congratulations to you and 

23   your family, and we look forward to a great 

24   career ahead of you.  Thank you.  

25                Thank you, Mr. President.


                                                               4115

 1                ACTING PRESIDENT CARLUCCI:   Thank 

 2   you, Senator Kennedy.  

 3                Are there any other members wishing 

 4   to be heard on the resolution?  

 5                The motion is on the resolution.  

 6   All in favor of adopting the resolution  signify 

 7   by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT CARLUCCI:    

10   Opposed, nay.

11                (No response.)

12                ACTING PRESIDENT CARLUCCI:   The 

13   resolution is adopted.

14                Congratulations, Jeffrey Hoffman.  

15   Good luck on your career.  We look forward to 

16   watching you over the years.

17                (Standing ovation.)

18                SENATOR LIBOUS:   Mr. President, I 

19   think we'd like to open Jeffrey's reso up to all 

20   the members in the chamber.  So if anybody 

21   doesn't want to go on it, please let the desk 

22   know.

23                And Jeffrey, as a Met fan, I'm only 

24   sorry that the Mets didn't draft you.

25                ACTING PRESIDENT CARLUCCI:   The 


                                                               4116

 1   resolution is open for cosponsorship.  If you do 

 2   not wish to be a cosponsor, please notify the 

 3   desk.

 4                Senator Libous.

 5                SENATOR LIBOUS:   I would like to 

 6   call an immediate meeting of the Investigations 

 7   Committee in Room 332.  That would be an 

 8   immediate meeting of the Committee on 

 9   Investigations and Government Operations in 

10   Room 332.

11                ACTING PRESIDENT CARLUCCI:   There 

12   will be an immediate meeting of the 

13   Investigations Committee in Room 332, an 

14   immediate meeting of the Investigations 

15   Committee in Room 332.

16                Senator Libous.

17                SENATOR LIBOUS:   At this time 

18   could we please have the reading of the 

19   noncontroversial calendar.

20                ACTING PRESIDENT CARLUCCI:   The 

21   Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   107, by Senator Espaillat, Senate Print 1728C, 

24   an act to amend the Criminal Procedure Law.

25                ACTING PRESIDENT CARLUCCI:   Read 


                                                               4117

 1   the last section.

 2                THE SECRETARY:   Section 7.  This 

 3   act shall take effect on the 90th day.

 4                ACTING PRESIDENT CARLUCCI:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 57.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   167, substituted earlier by Member of the 

12   Assembly Thiele, Assembly Print Number 5179C, an 

13   act to amend the Environmental Conservation Law.

14                ACTING PRESIDENT CARLUCCI:   Read 

15   the last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect on the 90th day.

18                ACTING PRESIDENT CARLUCCI:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT CARLUCCI:    

22   Announce the result.

23                THE SECRETARY:   Ayes, 54.  Nays, 

24   3.  Senators Espaillat, Perkins and Serrano 

25   recorded in the negative.


                                                               4118

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   185, by Senator Maziarz, Senate Print 5286A, an 

 5   act to amend the Public Service Law.

 6                ACTING PRESIDENT CARLUCCI:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect on the 180th day.

10                ACTING PRESIDENT CARLUCCI:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT CARLUCCI:    

14   Senator Krueger to explain her vote.

15                SENATOR KRUEGER:   Thank you, 

16   Mr. President.

17                While I have supported other bills 

18   for the Green Jobs Green New York on-bill energy 

19   efficiency, this bill would allow ESCO 

20   corporations to participate in this program.  

21   And in fact I constantly am dealing with 

22   complaints from my constituents who believe they 

23   are being ripped off by ESCOs, encouraged to 

24   participate, never asked to sign anything, and 

25   suddenly seeing their bill skyrocket on them.  


                                                               4119

 1                So I'm actually hoping that we do 

 2   some real reform of our laws applying to ESCO 

 3   corporations, and I don't see allowing them 

 4   expansion opportunities under existing laws as 

 5   being a very good pro-consumer move.  So I'll be 

 6   voting no.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT CARLUCCI:   Thank 

 9   you, Senator Krueger.  

10                Senator Krueger, how do you vote?  

11                SENATOR KRUEGER:   No.

12                ACTING PRESIDENT CARLUCCI:    

13   Senator Krueger to be recorded in the negative.

14                Announce the result.

15                THE SECRETARY:   Ayes, 55.  Nays, 

16   2.  Senators Dilan and Krueger recorded in the 

17   negative.

18                ACTING PRESIDENT CARLUCCI:   The 

19   bill is passed.

20                THE SECRETARY:   On page 11, 

21   Senator Zeldin moves to discharge, from the 

22   Committee on Rules, Assembly Bill Number 8955B 

23   and substitute it for the identical Senate Bill 

24   6682B, Third Reading Calendar 245.

25                ACTING PRESIDENT CARLUCCI:    


                                                               4120

 1   Substitution ordered.

 2                The Secretary will read.  

 3                THE SECRETARY:   Calendar Number 

 4   245, by Member of the Assembly Dinowitz, 

 5   Assembly Print 8955B, an act to amend the 

 6   General Business law.

 7                ACTING PRESIDENT CARLUCCI:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect January 1, 2015.

11                ACTING PRESIDENT CARLUCCI:  Call 

12   the roll.   

13                (The Secretary called the roll.)

14                ACTING PRESIDENT CARLUCCI:    

15   Announce the result.

16                THE SECRETARY:   Ayes, 57.

17                ACTING PRESIDENT CARLUCCI:   The 

18   bill is passed.  

19                THE SECRETARY:   On page 11, 

20   Senator Ritchie moves to discharge, from the 

21   Committee on Rules, Assembly Bill Number 9121C 

22   and substitute it for the identical Senate Bill 

23   6693C, Third Reading Calendar 252.

24                ACTING PRESIDENT CARLUCCI:    

25   Substitution ordered.


                                                               4121

 1                The Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   252, by Member of the Assembly Magee, Assembly 

 4   Print 9121C, an act to amend the Agriculture and 

 5   Markets Law.

 6                ACTING PRESIDENT CARLUCCI:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT CARLUCCI:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT CARLUCCI:    

14   Announce the result.

15                THE SECRETARY:   Ayes, 57.

16                ACTING PRESIDENT CARLUCCI:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   259, substituted earlier by Member of the 

20   Assembly Gunther, Assembly Print 6442A, an act 

21   to amend the Education Law.

22                ACTING PRESIDENT CARLUCCI:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               4122

 1                ACTING PRESIDENT CARLUCCI:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT CARLUCCI:    

 5   Announce the result.

 6                THE SECRETARY:   Ayes, 57.

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   333, by Senator Ranzenhofer, Senate Print 6718C, 

11   an act to amend Chapter 154 of the Laws of 1921.

12                ACTING PRESIDENT CARLUCCI:   Read 

13   the last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect upon the enactment into 

16   law.

17                ACTING PRESIDENT CARLUCCI:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT CARLUCCI:    

21   Announce the result.

22                THE SECRETARY:   Ayes, 57.

23                ACTING PRESIDENT CARLUCCI:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4123

 1   341, substituted earlier by Member of the 

 2   Assembly Thiele, Assembly Print 8561A, an act to 

 3   amend the Environmental Conservation Law.

 4                ACTING PRESIDENT CARLUCCI:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 180th day.

 8                ACTING PRESIDENT CARLUCCI:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CARLUCCI:    

12   Announce the result.

13                THE SECRETARY:   Ayes, 57.

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   438, substituted earlier by Member of the 

18   Assembly Glick, Assembly Print 8659, an act to 

19   amend Chapter 534 of the Laws of 1993.

20                ACTING PRESIDENT CARLUCCI:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT CARLUCCI:   Call 

25   the roll.  


                                                               4124

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CARLUCCI:   

 3   Announce the result.

 4                THE SECRETARY:   Ayes, 57.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   490, by Senator Seward, Senate Print 3539A, an 

 9   act to amend the Insurance Law.

10                ACTING PRESIDENT CARLUCCI:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT CARLUCCI:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT CARLUCCI:    

18   Announce the result.

19                THE SECRETARY:   Ayes, 56.  Nays, 

20   1.  Senator DeFrancisco recorded in the 

21   negative.

22                ACTING PRESIDENT CARLUCCI:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   507, by Senator Ritchie, Senate Print 7131A, an 


                                                               4125

 1   act to amend the Agriculture and Markets Law.

 2                ACTING PRESIDENT CARLUCCI:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT CARLUCCI:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT CARLUCCI:    

10   Announce the result.

11                THE SECRETARY:   Ayes, 57.

12                ACTING PRESIDENT CARLUCCI:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   515, by Senator Lanza, Senate Print 6623B, an 

16   act to amend the Vehicle and Traffic Law.

17                ACTING PRESIDENT CARLUCCI:   Read 

18   the last section.

19                THE SECRETARY:   Section 5.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT CARLUCCI:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT CARLUCCI:    

25   Announce the result.


                                                               4126

 1                THE SECRETARY:   Ayes, 57.

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   519, by Senator Gallivan, Senate Print 6842A, an 

 6   act to amend the Highway Law.

 7                ACTING PRESIDENT CARLUCCI:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT CARLUCCI:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT CARLUCCI:    

15   Announce the result.

16                THE SECRETARY:   Ayes, 57.

17                ACTING PRESIDENT CARLUCCI:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   549, by Senator Golden, Senate Print 7009, an 

21   act to amend the General Municipal Law.

22                ACTING PRESIDENT CARLUCCI:   There 

23   is a home-rule message at the desk.

24                The Secretary will read the last 

25   section.


                                                               4127

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT CARLUCCI:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 57.

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   562, by Senator Hannon, Senate Print 6939B, an 

11   act to amend the General Business Law.

12                ACTING PRESIDENT CARLUCCI:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the 90th day.

16                ACTING PRESIDENT CARLUCCI:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT CARLUCCI:    

20   Announce the result.

21                THE SECRETARY:   In relation to 

22   Calendar 562, those recorded in the negative are 

23   Senators Ball, Farley, Gallivan, Griffo, 

24   Grisanti, Latimer, Libous, Little, Marchione, 

25   Maziarz, Nozzolio, Ranzenhofer, Ritchie, Savino, 


                                                               4128

 1   Seward, Tkaczyk, Young and Zeldin.  Also Senator 

 2   DeFrancisco.

 3                Ayes, 38.  Nays, 19.

 4                ACTING PRESIDENT VALESKY:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   610, substituted earlier by Member of the 

 8   Assembly McDonald, Assembly Bill 9234A, an act 

 9   to amend the Public Authorities Law.

10                ACTING PRESIDENT VALESKY:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT VALESKY:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 56.  Nays, 

18   1.  Senator Ball recorded in the negative.

19                ACTING PRESIDENT VALESKY:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   613, substituted earlier by the Assembly 

23   Committee on Rules, Assembly Print 9934A, an act 

24   to amend the Executive Law.

25                ACTING PRESIDENT VALESKY:   Read 


                                                               4129

 1   the last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect on the 120th day.

 4                ACTING PRESIDENT VALESKY:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT VALESKY:   Senator 

 8   Carlucci to explain his vote.

 9                SENATOR CARLUCCI:   Thank you, 

10   Mr. President.  

11                I want to thank my colleagues for 

12   supporting this legislation.  

13                The term "handicapped" is outdated, 

14   derogatory, and just plain out offensive.  By 

15   working with advocates throughout the state and 

16   throughout the nation, we need to remove 

17   barriers and transform our symbol of 

18   handicapped/disabled into an accessible icon.  

19                That's what this legislation does.  

20   Moving forward together, we'll be able to phase 

21   out this derogatory term and make sure we remove 

22   all barriers that are facing anybody with 

23   disabilities throughout this state and 

24   throughout this nation.

25                Mr. President, I vote aye.  Thank 


                                                               4130

 1   you.

 2                ACTING PRESIDENT VALESKY:   Senator 

 3   Carlucci to be recorded in the affirmative.  

 4                Announce the results.

 5                THE SECRETARY:   Ayes, 56.  Nays.  

 6   1.  Senator Zeldin recorded in the negative.

 7                ACTING PRESIDENT VALESKY:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   620, by Senator LaValle, Senate Print 2922A, an 

11   act to amend the Environmental Conservation Law.

12                ACTING PRESIDENT VALESKY:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT VALESKY:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 56.  Nays, 

20   1.  Senator Zeldin recorded in the negative.

21                ACTING PRESIDENT VALESKY:   The 

22   bill is passed.

23                THE SECRETARY:   Ayes, 55.  Nays, 

24   2.  Senators Ball and Zeldin recorded in the 

25   negative.


                                                               4131

 1                ACTING PRESIDENT VALESKY:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   625, by Senator Avella, Senate Print 6903C, an 

 5   act to amend the Environmental Conservation Law.

 6                ACTING PRESIDENT VALESKY:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the 180th day.

10                ACTING PRESIDENT VALESKY:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 55.  Nays, 

14   2.  Senators Ball and Bonacic recorded in the 

15   negative.  

16                ACTING PRESIDENT VALESKY:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   671, by Senator Felder, Senate Print 7062A, an 

20   act to amend the Family Court Act.

21                ACTING PRESIDENT VALESKY:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT VALESKY:   Call 


                                                               4132

 1   the roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT VALESKY:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   699, substituted earlier by Member of the 

 8   Assembly Magee, Assembly Print 8867A, an act to 

 9   amend the Education Law.

10                ACTING PRESIDENT VALESKY:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT VALESKY:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 58.

18                ACTING PRESIDENT VALESKY:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   726, by Senator Marchione, Senate Print 4227, an 

22   act to amend the State Finance Law.

23                ACTING PRESIDENT VALESKY:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4133

 1   act shall take effect immediately.

 2                ACTING PRESIDENT VALESKY:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 58.

 6                ACTING PRESIDENT VALESKY:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   758, by Senator Marcellino, Senate Print 4801A, 

10   an act to amend the Civil Rights Law.

11                ACTING PRESIDENT VALESKY:   Read 

12   the last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT VALESKY:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 58.

19                ACTING PRESIDENT VALESKY:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   776, by Senator Gallivan, Senate Print 7118, an 

23   act to amend the Correction Law.

24                ACTING PRESIDENT VALESKY:   Read 

25   the last section.


                                                               4134

 1                THE SECRETARY:   Section 13.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT VALESKY:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 58.

 7                ACTING PRESIDENT VALESKY:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   780, substituted earlier by Member of the 

11   Assembly Wright, Assembly Print 9736, an act to 

12   amend the Public Authorities Law.

13                ACTING PRESIDENT VALESKY:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT VALESKY:   Call 

18   the roll.

19                (The Secretary called the roll.) 

20                ACTING PRESIDENT VALESKY:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   781, by Senator Young, Senate Print 7148, an act 

24   to amend the Public Authorities Law.

25                ACTING PRESIDENT VALESKY:   Read 


                                                               4135

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT VALESKY:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 56.  Nays, 

 8   2.  Senators Hoylman and Krueger recorded in the 

 9   negative.

10                ACTING PRESIDENT VALESKY:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   782, substituted earlier by Member of the 

14   Assembly Wright, Assembly Print 9735, an act to 

15   amend Chapter 246 of the Laws of 2010.

16                ACTING PRESIDENT VALESKY:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT VALESKY:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 58.

24                ACTING PRESIDENT VALESKY:   The 

25   bill is passed.


                                                               4136

 1                THE SECRETARY:   Calendar Number 

 2   800, by Senator Young, Senate Print 7086, an act 

 3   to authorize.

 4                ACTING PRESIDENT VALESKY:   There 

 5   is a home-rule message at the desk.

 6                Read the last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT VALESKY:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 58.

13                ACTING PRESIDENT VALESKY:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   846, by Senator Young, Senate Print 4560B, an 

17   act authorizing.

18                ACTING PRESIDENT VALESKY:   There 

19   is a home-rule message at the desk.

20                Read the last section.

21                THE SECRETARY:   Section 6.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT VALESKY:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               4137

 1                THE SECRETARY:   Ayes, 58.

 2                ACTING PRESIDENT VALESKY:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   870, substituted earlier by Member of the 

 6   Assembly Glick, Assembly Print Number 9202, an 

 7   act to amend Chapter 192 of the Laws of 2011.

 8                ACTING PRESIDENT VALESKY:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT VALESKY:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 58.

16                ACTING PRESIDENT VALESKY:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   920, substituted earlier by Member of the 

20   Assembly Paulin, Assembly Print 7167E, an act to 

21   amend the Public Service Law.

22                ACTING PRESIDENT VALESKY:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               4138

 1                ACTING PRESIDENT VALESKY:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 57.  Nays.  

 5   1.  Senator Ball recorded in the negative.

 6                ACTING PRESIDENT VALESKY:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   921, substituted earlier by Member of the 

10   Assembly Paulin, Assembly Print 8798A, an act to 

11   amend the Public Service Law.

12                ACTING PRESIDENT VALESKY:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT VALESKY:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT VALESKY:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   952, by Senator Young, Senate Print 5509C, an 

24   act to direct the commissioner.

25                ACTING PRESIDENT VALESKY:   Read 


                                                               4139

 1   the last section.

 2                THE SECRETARY:   Section 4.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT VALESKY:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 58.

 8                ACTING PRESIDENT VALESKY:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   969, by Senator Seward, Senate Print 7353, an 

12   act to amend the Insurance Law.

13                ACTING PRESIDENT VALESKY:   Read 

14   the last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT VALESKY:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 58.

21                ACTING PRESIDENT VALESKY:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   973, by Senator Marchione, Senate Print 6764A, 

25   an act to amend the Alcoholic Beverage Control 


                                                               4140

 1   Law.

 2                ACTING PRESIDENT VALESKY:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the 90th day.

 6                ACTING PRESIDENT VALESKY:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 57.  Nays, 

10   1.  Senator Díaz recorded in the negative.

11                ACTING PRESIDENT VALESKY:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   998, by Senator Savino, Senate Print 7492, an 

15   act to amend the Civil Service Law.

16                ACTING PRESIDENT VALESKY:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT VALESKY:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 57.  Nays, 

24   1.  Senator Kennedy recorded in the negative.

25                ACTING PRESIDENT VALESKY:   The 


                                                               4141

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1029, by Senator Bonacic, Senate Print 2015A, an 

 4   act to amend the Education Law.

 5                SENATOR SERRANO:   Lay it aside.

 6                ACTING PRESIDENT VALESKY:   The 

 7   bill is laid aside.

 8                THE SECRETARY:   Calendar Number 

 9   1041, substituted earlier by Member of the 

10   Assembly Silver, Assembly Print 9613, an act to 

11   amend Chapter 259 of the Laws of 2004.

12                ACTING PRESIDENT VALESKY:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT VALESKY:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT VALESKY:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   1078, by Senator Valesky, Senate Print 5552B, an 

24   act to amend the Agriculture and Markets Law.

25                ACTING PRESIDENT VALESKY:   Read 


                                                               4142

 1   the last section.

 2                THE SECRETARY:   Section 4.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT VALESKY:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 57.  Nays, 

 8   1.  Senator Sanders recorded in the negative.

 9                ACTING PRESIDENT VALESKY:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   1131, by Senator Seward, Senate Print 7276B, an 

13   act authorizing.

14                ACTING PRESIDENT VALESKY:   There 

15   is a home-rule message at the desk.

16                Read the last section.

17                THE SECRETARY:   Section 8.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT VALESKY:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 58.

23                ACTING PRESIDENT VALESKY:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4143

 1   1137, by Senator LaValle, Senate Print 7620A, an 

 2   act in relation.

 3                ACTING PRESIDENT VALESKY:   There 

 4   is a home-rule message at the desk.

 5                Read the last section.

 6                THE SECRETARY:   Section 7.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT VALESKY:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 58.

12                ACTING PRESIDENT VALESKY:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   1171, by Senator Farley, Senate Print 7518, an 

16   act to amend Chapter 415 of the Laws of 2013.

17                ACTING PRESIDENT VALESKY:   There 

18   is a home-rule message at the desk.

19                Read the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT VALESKY:   Call 

23   the roll.

24                (The Secretary called the roll.) 

25                THE SECRETARY:   Ayes, 58.


                                                               4144

 1                ACTING PRESIDENT VALESKY:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1173, by Senator Little, Senate Print 7584A, an 

 5   act to amend the Local Finance Law.

 6                ACTING PRESIDENT VALESKY:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT VALESKY:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 57.  Nays, 

14   1.  Senator Ball recorded in the negative.

15                ACTING PRESIDENT VALESKY:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   1356, by Senator Carlucci, Senate Print 7690A, 

19   an act in relation to granting.

20                ACTING PRESIDENT VALESKY:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT VALESKY:   Call 

25   the roll.


                                                               4145

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 58.

 3                ACTING PRESIDENT VALESKY:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1359, by Senator Gipson, Senate Print 7733A, an 

 7   act authorizing.

 8                ACTING PRESIDENT VALESKY:   Read 

 9   the last section.

10                THE SECRETARY:   Section 7.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT VALESKY:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 58.

16                ACTING PRESIDENT VALESKY:   The 

17   bill is passed.

18                Senator LaValle, that completes the 

19   noncontroversial reading of the calendar.

20                Senator Libous.

21                SENATOR LIBOUS:   Yes, sir, 

22   Mr. President.  We're going to do the 

23   controversial reading of the calendar shortly.  

24   We just -- we need to pause for a moment, 

25   please.


                                                               4146

 1                ACTING PRESIDENT VALESKY:   The 

 2   Senate will pause for a moment.  

 3                (Pause.)

 4                SENATOR LIBOUS:   Mr. President, 

 5   could you ring the bell, please.

 6                ACTING PRESIDENT VALESKY:   The 

 7   Secretary will ring the bell.

 8                The Secretary will place Calendar 

 9   Number 1029 before the Senate, controversial 

10   reading.  In a moment.

11                (Pause.)

12                ACTING PRESIDENT CARLUCCI:   The 

13   Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   1029, by Senator Bonacic, Senate Print 2015A, an 

16   act to amend the Education Law.

17                ACTING PRESIDENT CARLUCCI:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the 120th day.

21                ACTING PRESIDENT CARLUCCI:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT CARLUCCI:   The 

25   Secretary will announce the result.


                                                               4147

 1                THE SECRETARY:   In relation to --

 2                ACTING PRESIDENT CARLUCCI:   Hold 

 3   up.  We'll pause for a minute.  

 4                SENATOR LIBOUS:   Mr. President, if 

 5   the members could please sit in their seats, we 

 6   can call the roll and be very efficient.

 7                ACTING PRESIDENT CARLUCCI:   We 

 8   need all members in their seats {gaveling}.  Can 

 9   we have all our members in their seats as we 

10   call the roll.  

11                (Pause.)

12                ACTING PRESIDENT CARLUCCI:   The 

13   Secretary will announce the result.

14                SENATOR BONACIC:   Mr. President, 

15   to explain my vote.

16                ACTING PRESIDENT CARLUCCI:   

17   Senator Bonacic to explain his vote.

18                SENATOR BONACIC:   Thank you, 

19   Mr. President.  

20                I could tell you why this is good 

21   legislation, but I thought that the local 

22   newspaper in the mid-Hudson summed it up 

23   perfectly, and I'd like to quote them.

24                But before I do that, at our 

25   meeting when this bill came up, Senator Latimer 


                                                               4148

 1   made some very good suggestions how this bill 

 2   could be amended.  Which we did, to provide 

 3   specifically if a school district had emergency 

 4   votes that they had to take because of emergency 

 5   damage to their buildings.  So in that instance 

 6   we provide for a date other than the usual time 

 7   to have school elections.  

 8                And what this newspaper said, and 

 9   I'll be brief:  "It's always Election Day for 

10   New York school districts.  In a state that has 

11   regular elections in the fall and the spring to 

12   choose legislators and board members, pass 

13   budgets and take care of business that requires 

14   public approval, schools are masters of choosing 

15   these obscure off days in hope that nobody is 

16   passing attention.  More accurately, they're 

17   hoping that only those with a vested interest in 

18   seeing the proposal approved will bundle up and 

19   remember to vote."

20                You can't blame schools for trying 

21   to improve their odds.  But you can blame a 

22   State Legislature that could require that these 

23   elections take place in a more convenient 

24   fashion, coupled with other public decisions to 

25   ensure the maximum participation.


                                                               4149

 1                I vote aye.  Thank you, 

 2   Mr. President.

 3                ACTING PRESIDENT CARLUCCI:    

 4   Senator Bonacic to be recorded in the 

 5   affirmative.

 6                The Secretary will announce the 

 7   result.

 8                THE SECRETARY:   In relation to 

 9   Calendar 1029, those recorded in the negative 

10   are Senators Breslin, Díaz, Dilan, Espaillat, 

11   Gianaris, Gipson, Hoylman, Kennedy, Krueger, 

12   Latimer, Montgomery, O'Brien, Parker, Peralta, 

13   Perkins, Rivera, Sampson, Sanders, Serrano, 

14   Squadron, Stavisky, Stewart-Cousins and Tkaczyk.

15                Absent from voting:  Senator 

16   Addabbo.

17                Ayes, 34.  Nays, 23.

18                ACTING PRESIDENT CARLUCCI:   The 

19   bill is passed.

20                Senator Libous.

21                SENATOR LIBOUS:   Mr. President, 

22   thank you.  I just want to make an announcement, 

23   briefly.  

24                We've got several other calendars 

25   to go through today.  And I would just ask 


                                                               4150

 1   members to, on the controversial calendar, to 

 2   stay close.  Don't go back to your offices; use 

 3   the phones that are outside.  And if you have 

 4   any important meetings, try to keep them near 

 5   the chamber, because we'd like to move things 

 6   along as quickly as possible.

 7                On that note, we will call an 

 8   immediate meeting of the Rules Committee in 

 9   Room 332.  There will be an immediate meeting of 

10   the Rules Committee in Room 332, and the Senate 

11   will stand at ease.

12                ACTING PRESIDENT CARLUCCI:   There 

13   will be an immediate meeting of the Rules 

14   Committee in Room 332.  

15                The Senate will stand at ease.

16                (Whereupon, the Senate stood at 

17   ease at 12:30 p.m.)

18                (Whereupon, the Senate reconvened 

19   at 1:04 p.m.)

20                SENATOR LIBOUS:   Mr. President.

21                ACTING PRESIDENT CARLUCCI:   The 

22   Senate will come to order.

23                Senator Libous.

24                SENATOR LIBOUS:   Thank you, 

25   Mr. President.


                                                               4151

 1                I believe there's a report of the 

 2   Rules Committee at the desk.  Could we have it 

 3   read at this time.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Senator Skelos, 

 7   from the Committee on Rules, reports the 

 8   following bills:  

 9                Senate Print 373, by Senator 

10   Kennedy, an act to amend the Penal Law; 

11                Senate 926, by Senator Serrano, an 

12   act to direct; 

13                Senate 1951, by Senator Ritchie, an 

14   act to amend the Vehicle and Traffic Law; 

15                Senate 2092A, by Senator Golden, an 

16   act to amend the Public Authorities Law; 

17                Senate 2304B, by Senator Lanza, an 

18   act to amend the Public Authorities Law; 

19                Senate 2338B, by Senator Klein, an 

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

21                Senate 2384, by Senator Ritchie, an 

22   act to amend the Agriculture and Markets Law; 

23                Senate 2482A, by Senator Lanza, an 

24   act to amend the Public Authorities Law; 

25                Senate 3516A, by Senator O'Brien, 


                                                               4152

 1   an act to amend the Vehicle and Traffic Law; 

 2                Senate 3644A, by Senator Squadron, 

 3   an act to amend the Vehicle and Traffic Law; 

 4                Senate 3828, by Senator Gallivan, 

 5   an act to amend the Alcoholic Beverage Control 

 6   Law; 

 7                Senate 3850, by Senator Savino, an 

 8   act to amend the Tax Law; 

 9                Senate 4931, by Senator Nozzolio, 

10   an act to amend the Vehicle and Traffic Law; 

11                Senate 4942, by Senator Nozzolio, 

12   an act to amend the Vehicle and Traffic Law; 

13                Senate 5068C, by Senator Felder, an 

14   act to amend the Vehicle and Traffic Law; 

15                Senate 5873, by Senator Valesky, an 

16   act to amend the Executive Law; 

17                Senate 5878, by Senator Young, an 

18   act to amend the Family Court Act; 

19                Senate 5986B, by Senator Libous, an 

20   act to amend Chapter 56 of the Laws of 2012; 

21                Senate 6010, by Senator Libous, an 

22   act to amend the Highway Law; 

23                Senate 6503, by Senator Larkin, an 

24   act to amend the Vehicle and Traffic Law; 

25                Senate 6558A, by Senator Hannon, an 


                                                               4153

 1   act to amend the Vehicle and Traffic Law; 

 2                Senate 6627, by Senator Maziarz, an 

 3   act to amend the Transportation Law; 

 4                Senate 6670, by Senator Seward, an 

 5   act to amend the Insurance Law; 

 6                Senate 6782B, by Senator Klein, an 

 7   act to amend the Insurance Law; 

 8                Senate 7139, by Senator Hannon, an 

 9   act to amend the Public Health Law; 

10                Senate 7306A, by Senator 

11   Marcellino, an act to amend the Highway Law; 

12                Senate 7362, by Senator Carlucci, 

13   an act to amend the Vehicle and Traffic Law; 

14                Senate 7490, by Senator Golden, an 

15   act to amend the Public Authorities Law; 

16                Senate 7613, by Senator Marcellino, 

17   an act to amend the Vehicle and Traffic Law; 

18                Senate 7615A, by Senator Bonacic, 

19   an act to amend the Racing, Pari-Mutuel Wagering 

20   and Breeding Law; 

21                Senate 7637, by Senator Lanza, an 

22   act to amend the Public Authorities Law; 

23                Senate 7699, by Senator Young, an 

24   act to amend the Private Housing Finance Law; 

25                Senate 7779A, by Senator Maziarz, 


                                                               4154

 1   an act to authorize; 

 2                Senate 7781, by Senator Carlucci, 

 3   an act to authorize; 

 4                Senate 7788, by Senator Carlucci, 

 5   an act in relation to authorizing; 

 6                Senate 7798, by Senator Young, an 

 7   act to amend the Mental Hygiene Law; 

 8                And Senate 7850A, by 

 9   Senator LaValle, an act to amend the Real 

10   Property Tax Law.

11                All bills reported direct to third 

12   reading.

13                SENATOR LIBOUS:   Mr. President, I 

14   move to accept the report of the Rules 

15   Committee.

16                ACTING PRESIDENT CARLUCCI:   All in 

17   favor of accepting the report from Rules signify 

18   by saying aye.

19                (Response of "Aye.")

20                ACTING PRESIDENT CARLUCCI:    

21   Opposed, nay.

22                (No response.)

23                ACTING PRESIDENT CARLUCCI:   The 

24   Rules report is adopted.

25                Senator Libous.


                                                               4155

 1                SENATOR LIBOUS:   Mr. President, 

 2   what I'm going to do is call an immediate 

 3   meeting of the Finance Committee in Room 332.  

 4                We will do the noncontroversial 

 5   reading of Supplemental Calendar 51A.  If for 

 6   whatever reason when Finance Committee members 

 7   come back, if someone wants to register a no 

 8   vote, if you'd let the respective desks know on 

 9   each side, and we will accommodate your wishes.  

10   Because obviously if you're in the Finance 

11   Committee, you can't be here at the same time.

12                So there will be an immediate 

13   meeting of the Finance Committee in Room 332.  

14                And, Mr. President, if you'd just 

15   give us a couple of minutes here, we'll get 

16   started in a second.

17                ACTING PRESIDENT CARLUCCI:    There 

18   will be an immediate meeting of the Finance 

19   Committee in Room 332.  There will be an 

20   immediate meeting of the Finance Committee in 

21   Room 332.  

22                (Pause.)

23                SENATOR LIBOUS:   Mr. President.

24                ACTING PRESIDENT CARLUCCI:    

25   Senator Libous.


                                                               4156

 1                SENATOR LIBOUS:   At this time 

 2   could we have the noncontroversial reading of 

 3   Senate Supplemental Calendar 51A.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   Secretary will read Supplemental Calendar 51A.

 6                THE SECRETARY:   Calendar Number 

 7   1422, by Senator Kennedy, Senate Print 373, an 

 8   act to amend the Penal Law.

 9                ACTING PRESIDENT CARLUCCI:   Read 

10   the last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect on the first of November.

13                ACTING PRESIDENT CARLUCCI:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT CARLUCCI:    

17   Announce the result.

18                THE SECRETARY:   Ayes, 58.

19                ACTING PRESIDENT CARLUCCI:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   1424, by Senator Serrano, Senate Print 926, an 

23   act to direct.

24                ACTING PRESIDENT CARLUCCI:   Read 

25   the last section.


                                                               4157

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect on the 120th day.

 3                ACTING PRESIDENT CARLUCCI:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT CARLUCCI:    

 7   Senator Serrano to explain his vote.

 8                SENATOR SERRANO:   Thank you very 

 9   much, Mr. President.  

10                And I want to thank my colleagues 

11   for supporting this bill, which would direct the 

12   New York State Department of Health to conduct a 

13   study on the high incidence of asthma in the 

14   Borough of Bronx in the City of New York.

15                I'm sure people know by now the 

16   tremendous amount of medical and scientific data 

17   that points to the rise in asthma incidences, 

18   especially amongst the youth in our population.  

19   Nowhere is this increase more prevalent than in 

20   the Borough of the Bronx, where I represent.  

21                And this is very unfortunate, 

22   because it seems to disproportionately affect 

23   low-income families.  It takes children away 

24   from the classroom, it keeps them in emergency 

25   rooms, and there is a real lack of a coordinated 


                                                               4158

 1   effort to help deal with this in a holistic way.

 2                So there is a tremendous amount of 

 3   data that's being compiled by a lot of good 

 4   groups to try to find ways to remediate this 

 5   problem, whether it be environmental concerns, 

 6   whether it be other concerns as far as with the 

 7   human body.

 8                But we cannot deny the fact that 

 9   20 percent of the children in the Bronx are 

10   afflicted with asthma, and the overall Bronx 

11   County rate of asthma is approximately four to 

12   five times greater than the national average.

13                So we're hoping to, with this bill, 

14   find a way to conduct a study and to come up 

15   with a remedial plan that will help address this 

16   from a point of view that deals with the 

17   scientific data, the medical data, all the 

18   anecdotal data that is out in the community, 

19   bring it all together so that we can have a 

20   comprehensive plan to bring down asthma rates in 

21   our community.  

22                I thank you for your support, and I 

23   vote yes.

24                ACTING PRESIDENT CARLUCCI:   Thank 

25   you, Senator Serrano.


                                                               4159

 1                Are there any other members wishing 

 2   to be heard on the bill?

 3                Seeing none, the Secretary will 

 4   announce the result.

 5                THE SECRETARY:   Ayes, 58.

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1425, by Senator Ritchie, Senate Print 1951, an 

10   act to amend the Vehicle and Traffic Law.

11                ACTING PRESIDENT CARLUCCI:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT CARLUCCI:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT CARLUCCI:    

19   Announce the result.

20                THE SECRETARY:   Ayes, 58.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   1426, by Senator Golden, Senate Print 2092A, an 

25   act to amend the Public Authorities Law.


                                                               4160

 1                ACTING PRESIDENT CARLUCCI:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT CARLUCCI:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT CARLUCCI:    

 9   Announce the result.

10                THE SECRETARY:   Ayes, 57.  Nays, 

11   1.  Senator Krueger recorded in the negative.  

12                ACTING PRESIDENT CARLUCCI:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   1427, by Senator Lanza, Senate Print 2304B, an 

16   act to amend the Public Authorities Law.

17                ACTING PRESIDENT CARLUCCI:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT CARLUCCI:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT CARLUCCI:    

25   Announce the result.


                                                               4161

 1                THE SECRETARY:   Ayes, 55.  Nays, 

 2   3.  Senators Gipson, Krueger and Perkins 

 3   recorded in the negative.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1428, by Senator Klein, Senate Print 2338B, an 

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

 9                ACTING PRESIDENT CARLUCCI:   Read 

10   the last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT CARLUCCI:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT CARLUCCI:    

17   Announce the result.

18                THE SECRETARY:   Ayes, 58.

19                ACTING PRESIDENT CARLUCCI:   The 

20   bill is passed.

21                THE SECRETARY:   Senator Ritchie 

22   moves to discharge, from the Committee on 

23   Agriculture, Assembly Bill Number 5360 and 

24   substitute it for the identical Senate Bill 

25   Number 2384, Third Reading Calendar 1429.


                                                               4162

 1                ACTING PRESIDENT CARLUCCI:    

 2   Substitution ordered.

 3                The Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   1429, by Member of the Assembly Magee, Assembly 

 6   Print 5360, an act to amend the Agriculture and 

 7   Markets Law.

 8                ACTING PRESIDENT CARLUCCI:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT CARLUCCI:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT CARLUCCI:    

16   Announce the result.

17                THE SECRETARY:   Ayes, 56.  Nays, 

18   2.  Senators Farley and Martins recorded in the 

19   negative.

20                ACTING PRESIDENT CARLUCCI:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   1430, by Senator Lanza, Senate Print 2482A, an 

24   act to amend the Public Authorities Law.

25                ACTING PRESIDENT CARLUCCI:   Read 


                                                               4163

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT CARLUCCI:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT CARLUCCI:    

 8   Announce the result.

 9                THE SECRETARY:   Ayes, 56.  Nays, 

10   2.  Senators Perkins and Squadron recorded in 

11   the negative.  

12                ACTING PRESIDENT CARLUCCI:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   1431, by Senator O'Brien, Senate Print 3516A, an 

16   act to amend the Vehicle and Traffic Law.

17                ACTING PRESIDENT CARLUCCI:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect September 1, 2015.

21                ACTING PRESIDENT CARLUCCI:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT CARLUCCI:    

25   Announce the result.


                                                               4164

 1                THE SECRETARY:   Ayes, 58.

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1432, by Senator Squadron, Senate Print 3644A, 

 6   an act to amend the Vehicle and Traffic Law.

 7                ACTING PRESIDENT CARLUCCI:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect on the 90th day.

11                ACTING PRESIDENT CARLUCCI:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT CARLUCCI:    

15   Announce the result.

16                THE SECRETARY:   Ayes, 58.

17                ACTING PRESIDENT CARLUCCI:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   1433, by Senator Gallivan, Senate Print 3828, an 

21   act to amend the Alcoholic Beverage Control Law.

22                ACTING PRESIDENT CARLUCCI:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               4165

 1                ACTING PRESIDENT CARLUCCI:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT CARLUCCI:    

 5   Announce the result.

 6                THE SECRETARY:   Ayes, 57.  Nays, 

 7   1.  Senator Díaz recorded in the negative.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   1434, by Senator Savino, Senate Print 3850, an 

12   act to amend the Tax Law.

13                ACTING PRESIDENT CARLUCCI:   Read 

14   the last section.

15                THE SECRETARY:   Section 5.  This 

16   act shall take effect on the 60th day.

17                ACTING PRESIDENT CARLUCCI:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT CARLUCCI:    

21   Announce the result.

22                THE SECRETARY:   Ayes, 57.  Nays, 

23   1.  Senator Krueger recorded in the negative.  

24                ACTING PRESIDENT CARLUCCI:   The 

25   bill is passed.


                                                               4166

 1                THE SECRETARY:   Calendar Number 

 2   1435, by Senator Nozzolio, Senate Print 4931, an 

 3   act to amend the Vehicle and Traffic Law.

 4                ACTING PRESIDENT CARLUCCI:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the first of April.

 8                ACTING PRESIDENT CARLUCCI:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CARLUCCI:    

12   Announce the result.

13                THE SECRETARY:   Ayes, 57.  Nays, 

14   1.  Senator Perkins recorded in the negative.  

15                ACTING PRESIDENT CARLUCCI:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   1436, by Senator Nozzolio, Senate Print 4942, an 

19   act to amend the Vehicle and Traffic Law.

20                ACTING PRESIDENT CARLUCCI:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the first of April.

24                ACTING PRESIDENT CARLUCCI:   Call 

25   the roll.


                                                               4167

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CARLUCCI:    

 3   Announce the result.

 4                THE SECRETARY:   Ayes, 57.  Nays, 

 5   1.  Senator Perkins recorded in the negative.  

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1437, by Senator Felder, Senate Print 5068C, an 

10   act to amend the Vehicle and Traffic Law.

11                ACTING PRESIDENT CARLUCCI:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the 90th day.

15                ACTING PRESIDENT CARLUCCI:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT CARLUCCI:    

19   Announce the result.

20                THE SECRETARY:   Ayes, 58.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   1438, by Senator Valesky, Senate Print 5873, an 

25   act to amend the Executive Law.


                                                               4168

 1                ACTING PRESIDENT CARLUCCI:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect on the 90th day.

 5                ACTING PRESIDENT CARLUCCI:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT CARLUCCI:    

 9   Announce the result.

10                THE SECRETARY:   Ayes, 58.

11                ACTING PRESIDENT CARLUCCI:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   1439, by Senator Young, Senate Print 5878, an 

15   act to amend the Family Court Act.

16                ACTING PRESIDENT CARLUCCI:   Read 

17   the last section.

18                THE SECRETARY:   Section 5.  This 

19   act shall take effect April 1, 2014.

20                ACTING PRESIDENT CARLUCCI:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT CARLUCCI:    

24   Senator Rivera to explain his vote.

25                SENATOR RIVERA:   Thank you, 


                                                               4169

 1   Mr. President.

 2                I stand in support of this piece of 

 3   legislation.  Whether we're talking about orders 

 4   of protection, sexual harassment, human 

 5   trafficking, employment discrimination, all of 

 6   these things are things that we need to make 

 7   sure that we do in this state to protect the 

 8   women of this state.  

 9                And I know that in the last couple 

10   of weeks, certainly yesterday and the week 

11   before, we voted on a few of the bills that are 

12   currently contained within the Women's Equality 

13   Agenda that we've discussed on this floor 

14   before.  

15                I feel it necessary to point out 

16   that although each and every one of these is 

17   necessary, there is one that is missing that we 

18   are not voting on which is absolutely necessary.  

19   If we're going to talk about human trafficking, 

20   if we're going to talk about orders of 

21   protection, if we're going to talk about sexual 

22   harassment, we also must speak about protecting 

23   a woman's health.  

24                And in the case of choice, in the 

25   case of women's reproductive health, 


                                                               4170

 1   unfortunately we are not considering it on this 

 2   floor.  I just felt it necessary to point out 

 3   that just as important as everything else that 

 4   we are vote on in the last couple of days in the 

 5   individual pieces of legislation, the Women's 

 6   Equality Act is one big package precisely 

 7   because every one of them is important.  

 8                Thank you so much, Mr. President.  

 9   I will be voting in the affirmative.

10                ACTING PRESIDENT CARLUCCI:    

11   Senator Rivera to be recorded in the 

12   affirmative.

13                Announce the result.

14                THE SECRETARY:   Ayes, 58.

15                ACTING PRESIDENT CARLUCCI:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   1440, by Senator Libous, Senate Print --

19                SENATOR LIBOUS:   Lay it aside for 

20   the day, please.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is laid aside for the day.

23                THE SECRETARY:   Calendar Number 

24   1441, by Senator Libous, Senate Print 6010, an 

25   act to amend the Highway Law.


                                                               4171

 1                ACTING PRESIDENT CARLUCCI:   There 

 2   is a home-rule message at the desk.

 3                The Secretary will read the last 

 4   section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the first of January.

 7                ACTING PRESIDENT CARLUCCI:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT CARLUCCI:   

11   Announce the result.

12                THE SECRETARY:   Ayes, 56.  Nays, 

13   2.  Senators Ball and Gipson recorded in the 

14   negative.

15                ACTING PRESIDENT CARLUCCI:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   1442, by Senator Larkin, Senate Print 6503, an 

19   act to amend the Vehicle and Traffic Law.

20                ACTING PRESIDENT CARLUCCI:   Read 

21   the last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT CARLUCCI:   Call 

25   the roll.


                                                               4172

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CARLUCCI:    

 3   Announce the result.

 4                THE SECRETARY:   Ayes, 56.  Nays, 

 5   2.  Senators Perkins and Squadron recorded in 

 6   the negative.  

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   1443, by Senator Hannon, Senate Print 6558A, an 

11   act to amend the Vehicle and Traffic Law.

12                ACTING PRESIDENT CARLUCCI:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the 120th day.

16                ACTING PRESIDENT CARLUCCI:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT CARLUCCI:    

20   Announce the result.

21                THE SECRETARY:   Ayes, 58.

22                ACTING PRESIDENT CARLUCCI:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   1444, by Senator Maziarz, Senate Print 6627, an 


                                                               4173

 1   act to amend the Transportation Law.

 2                ACTING PRESIDENT CARLUCCI:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the 90th day.

 6                ACTING PRESIDENT CARLUCCI:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT CARLUCCI:    

10   Announce the result.

11                THE SECRETARY:   Ayes, 58.

12                ACTING PRESIDENT CARLUCCI:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   1445, by Senator Seward, Senate Print 6670, an 

16   act to amend the Insurance Law.

17                ACTING PRESIDENT CARLUCCI:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT CARLUCCI:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT CARLUCCI:    

25   Announce the result.


                                                               4174

 1                THE SECRETARY:   Ayes, 58.

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1446, by Senator Klein, Senate Print 6782B, an 

 6   act to amend the Insurance Law.

 7                ACTING PRESIDENT CARLUCCI:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect on the first of January.

11                ACTING PRESIDENT CARLUCCI:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT CARLUCCI:    

15   Announce the result.

16                THE SECRETARY:   Ayes, 58.

17                ACTING PRESIDENT CARLUCCI:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   1447, by Senator Hannon, Senate Print 7139, an 

21   act to amend the Public Health Law.

22                ACTING PRESIDENT CARLUCCI:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect on the first of the month 


                                                               4175

 1   commencing after the 180th day.

 2                ACTING PRESIDENT CARLUCCI:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT CARLUCCI:    

 6   Announce the result.

 7                THE SECRETARY:   Ayes, 56.  Nays, 

 8   2.  Senators Ball and Díaz recorded in the 

 9   negative.

10                ACTING PRESIDENT CARLUCCI:   The 

11   bill is passed.

12                THE SECRETARY:   Senator Marcellino 

13   moves to discharge, from the Committee on 

14   Transportation, Assembly Bill Number 9617A and 

15   substitute it for the identical Senate Bill 

16   Number 7306A, Third Reading Calendar 1448.

17                ACTING PRESIDENT CARLUCCI:    

18   Substitution ordered.

19                The Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   1448, by Member of the Assembly Lavine, Assembly 

22   Print 9617A, an act to amend the Highway Law.

23                ACTING PRESIDENT CARLUCCI:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4176

 1   act shall take effect immediately.

 2                ACTING PRESIDENT CARLUCCI:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT CARLUCCI:    

 6   Announce the result.

 7                THE SECRETARY:   Ayes, 58.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   1449, by Senator Carlucci, Senate Print 7362, an 

12   act to amend the Vehicle and Traffic Law.

13                ACTING PRESIDENT CARLUCCI:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT CARLUCCI:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT CARLUCCI:    

21   Announce the result.

22                THE SECRETARY:   Ayes, 57.  Nays, 

23   1.  Senator Perkins recorded in the negative.  

24                ACTING PRESIDENT CARLUCCI:   The 

25   bill is passed.


                                                               4177

 1                THE SECRETARY:   Calendar Number 

 2   1450, by Senator Golden, Senate Print 7490, an 

 3   act to amend the Public Authorities Law.

 4                ACTING PRESIDENT CARLUCCI:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT CARLUCCI:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CARLUCCI:    

12   Announce the result.

13                THE SECRETARY:   Ayes, 57.  Nays, 

14   1.  Senator Krueger recorded in the negative.  

15                ACTING PRESIDENT CARLUCCI:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   1451, by Senator Marcellino, Senate Print 7613, 

19   an act to amend the Vehicle and Traffic Law.

20                ACTING PRESIDENT CARLUCCI:   Read 

21   the last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT CARLUCCI:   Call 

25   the roll.


                                                               4178

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CARLUCCI:    

 3   Announce the result.

 4                THE SECRETARY:   Ayes, 58.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1452, by Senator Bonacic, Senate Print 7615A, an 

 9   act to amend the Racing, Pari-Mutuel Wagering 

10   and Breeding Law.

11                SENATOR LIBOUS:   Lay the bill 

12   aside temporarily.

13                ACTING PRESIDENT CARLUCCI:   The 

14   bill is laid aside temporarily.

15                THE SECRETARY:   Calendar Number 

16   1453, by Senator Lanza, Senate Print 7637, an 

17   act to amend the Public Authorities Law.

18                ACTING PRESIDENT CARLUCCI:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the 30th day.

22                ACTING PRESIDENT CARLUCCI:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT CARLUCCI:    


                                                               4179

 1   Announce the result.

 2                THE SECRETARY:   Ayes, 58.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1454, by Senator Young, Senate Print 7699, an 

 7   act to amend the Private Housing Finance Law.

 8                ACTING PRESIDENT CARLUCCI:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT CARLUCCI:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT CARLUCCI:    

16   Announce the result.

17                THE SECRETARY:   Ayes, 58.

18                ACTING PRESIDENT CARLUCCI:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   1455, by Senator Maziarz, Senate Print 7779A, an 

22   act to authorize.

23                SENATOR SERRANO:   Lay it aside.

24                ACTING PRESIDENT CARLUCCI:   The 

25   bill is laid aside.


                                                               4180

 1                THE SECRETARY:   Calendar Number 

 2   1456, by Senator Carlucci, Senate Print 7781, an 

 3   act to authorize.

 4                ACTING PRESIDENT CARLUCCI:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT CARLUCCI:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CARLUCCI:    

12   Announce the result.

13                THE SECRETARY:   Ayes, 57.  Nays, 

14   1.  Senator Bonacic recorded in the negative.  

15                ACTING PRESIDENT CARLUCCI:   The 

16   bill is passed.  

17                THE SECRETARY:   Calendar Number 

18   1457, by Senator Carlucci, Senate Print 7788, an 

19   act in relation to authorizing.

20                ACTING PRESIDENT CARLUCCI:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT CARLUCCI:   Call 

25   the roll.


                                                               4181

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CARLUCCI:    

 3   Announce the result.

 4                THE SECRETARY:   Ayes, 57.  Nays, 

 5   1.  Senator Bonacic recorded in the negative.  

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1458, by Senator Young, Senate Print 7798, an 

10   act to amend the Mental Hygiene Law.

11                ACTING PRESIDENT CARLUCCI:   Read 

12   the last section.

13                THE SECRETARY:   Section 4.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT CARLUCCI:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT CARLUCCI:    

19   Announce the result.

20                THE SECRETARY:   Ayes, 58.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   1459, by Senator LaValle, Senate Print 7850A, an 

25   act to amend the Real Property Tax Law.


                                                               4182

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   bill is high and will be laid aside for the day.

 3                Senator Libous, that completes the 

 4   reading of the noncontroversial supplemental 

 5   calendar.  

 6                SENATOR LIBOUS:   Mr. President, at 

 7   this time we'll stand at ease.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   Senate will stand at ease.

10                (Whereupon, the Senate stood at 

11   ease at 1:28 p.m.)

12                (Whereupon, the Senate reconvened 

13   at 1:43 p.m.)

14                SENATOR LIBOUS:   Mr. President.  

15                ACTING PRESIDENT CARLUCCI:   The 

16   Senate will come to order.

17                Senator Libous.

18                SENATOR LIBOUS:   Thank you, 

19   Mr. President.

20                If we can go back to Calendar 

21   Number 1452, which was laid aside temporarily, 

22   we can move forward on that, noncontroversial.

23                ACTING PRESIDENT CARLUCCI:   the 

24   Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               4183

 1   1452, by Senator Bonacic, Senate Print 7615A, an 

 2   act to amend the Racing, Pari-Mutuel Wagering 

 3   and Breeding Law.

 4                ACTING PRESIDENT CARLUCCI:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 8.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT CARLUCCI:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CARLUCCI:    

12   Announce the result.

13                THE SECRETARY:   Ayes, 56.  Nays, 

14   2.  Senators Kennedy and Krueger recorded in the 

15   negative.  

16                ACTING PRESIDENT CARLUCCI:   The 

17   bill is passed.

18                Senator Libous.  

19                SENATOR LIBOUS:   Mr. President, 

20   can we now go to motions and resolutions, 

21   please.

22                ACTING PRESIDENT CARLUCCI:   

23   Motions and resolutions.

24                Senator Libous.  

25                SENATOR LIBOUS:   Mr. President, 


                                                               4184

 1   I'd like to move to adopt the Resolution 

 2   Calendar at this time.

 3                ACTING PRESIDENT CARLUCCI:   All in 

 4   favor of adopting the Resolution Calendar 

 5   signify by saying aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT CARLUCCI:    

 8   Opposed, nay.

 9                (No response.)

10                ACTING PRESIDENT CARLUCCI:   The 

11   Resolution Calendar is adopted.

12                Senator Libous.

13                SENATOR LIBOUS:   Mr. President, I 

14   think we'll stand at ease waiting for the return 

15   of the Finance Committee members, and then we'll 

16   go to the controversial reading of the calendar.

17                ACTING PRESIDENT CARLUCCI:   The 

18   Senate will stand at ease.

19                (Whereupon, the Senate reconvened 

20   at 1:44 p.m.)

21                (Whereupon, the Senate reconvened 

22   at 1:59 p.m.)

23                ACTING PRESIDENT CARLUCCI:   The 

24   Senate will come to order.

25                Senator Libous.


                                                               4185

 1                SENATOR LIBOUS:   Mr. President, I 

 2   believe at the desk there's a report of the 

 3   Finance Committee from June 17th.

 4                Mr. President, on that report, 

 5   under members of the Behavioral Health Services 

 6   Advisory Council, Katherine Breslin, of 

 7   Saratoga Springs, if we could do that last.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   Secretary will read.

10                THE SECRETARY:   Senator 

11   DeFrancisco, from the Committee on Finance, 

12   reports the following nominations.  

13                As members of the New York State 

14   Energy Research and Development Authority:  

15   Sherburne B. Abbott, of Cazenovia; Kenneth D. 

16   Daly, of Manhasset; John McAvoy, of Brewster; 

17   Elizabeth W. Thorndike, of Pittsford; Mark 

18   Willis, of New York; Charles Bell, of Ossining; 

19   Jay Koh, of New York; and Jigar Shah, of 

20   New York.  

21                As members of the Justice Center 

22   Advisory Council:  Leslie Hulbert, of Victor; 

23   Eva Dech, of Albany; Shirley B. Flowers, of 

24   Brooklyn; Walter J. Joseph, Jr., of Rhinebeck; 

25   Alfred H. Kingon, of Bronxville; Jeremy E. 


                                                               4186

 1   Klemanski, of Clay; Belinda Lerner, of Astoria; 

 2   Delores McFadden, of Monroe; Judith A. O'Rourke, 

 3   of Lackawanna; and Mary K. St. Mark, of the 

 4   Bronx.

 5                As vice-chair and member of the 

 6   State Council on the Arts:  Barbaralee 

 7   Diamondstein-Spielvogel, Ph.D., of New York.

 8                As members of the State Council on 

 9   the Arts:  Gayle King, of New York; Eric Latzky, 

10   of New York; John Lyons, of New York; Crystal 

11   McCrary, of New York; Rita Paniagua, of 

12   Syracuse; and Hal D. Payne, of Buffalo.

13                As directors of the New York 

14   Convention Center Operating Corporation:  Daniel 

15   F. De Vita, of Syosset, and David Emil, of 

16   New York.

17                As director of the New York State 

18   Environmental Facilities Corporation:  Francis 

19   T. Corcoran, of Bedford Corners.

20                As a member of the Dormitory 

21   Authority:  Jonathan H. Gardner, of Getzville.

22                As members of the Buffalo and Fort 

23   Erie Public Bridge Authority:  Anthony Masiello, 

24   of Buffalo, and Philip J. Tantillo, of Elma.

25                As members of the Behavioral Health 


                                                               4187

 1   Services Advisory Council:  Lieutenant Colonel 

 2   April Critelli, of Glenville; Robert Cruz, of 

 3   New York; Ralph G. Fasano, of Northport; Sharon 

 4   R. Gillette, of Plattsburgh; John Kastan, Ph.D., 

 5   of Brooklyn; Scott S. Lavigne, of Penfield; 

 6   John D. Lee, of Rochester; Glenn A. Martin, of 

 7   Forest Hills; Michael N. Martin, of 

 8   North Tonawanda; Deborah Mayo, of Stony Brook; 

 9   Grant Mitchell, M.D., of Goldens Bridge; 

10   Andrew S. Roberts, of New York; James P. Scordo, 

11   of Watertown; Euphemia Strauchn-Adams, of 

12   Staten Island; and Susan Wheeler, of 

13   Whitney Point.  

14                As chairman and member of the 

15   Thousand Islands State Park, Recreation and 

16   Historic Preservation Commission:  Harold B. 

17   Johnson, of Watertown.  

18                As a member of the Thousand Islands 

19   State Park, Recreation and Historic Preservation 

20   Commission:  Michael J. Geiss, of Clayton.  

21                As chairman and member of the 

22   Long Island State Park, Recreation and Historic 

23   Preservation Commission:  Bryan Erwin, of 

24   Mattituck.  

25                As members of the Long Island State 


                                                               4188

 1   Park, Recreation and Historic Preservation 

 2   Commission:  George Bartunek, of Calverton; 

 3   David Bender, of Middle Island; Ruth F. 

 4   Douzinas, of New York; Kevin G. Gershowitz, of 

 5   Melville; and Richard H. Remmer, of Oakdale.  

 6                As a member of the Taconic State 

 7   Park, Recreation and Historic Preservation 

 8   Commission:  Ralph W. Odell Jr., of 

 9   Putnam Valley.

10                As members of the Palisades 

11   Interstate Park Commission:  Daniel Bryce 

12   O'Brien II, of Bedford, and Jeannette Andreasen 

13   Redden, of New York.

14                As a member of the Olympic Regional 

15   Development Authority:  Andrew R. Lack, of 

16   Lake Placid.  

17                As chair and member of the State 

18   Park, Recreation and Historic Preservation 

19   Commission:  Janet Felleman, of New York.

20                As a member of the State Park, 

21   Recreation and Historic Preservation Commission:  

22   Richard W. Lehmann, of New York.  

23                As a member of the State Board for 

24   Historic Preservation:  John Aldrich, of 

25   Red Hook.  


                                                               4189

 1                As a member of the Battery Park 

 2   City Authority:  Lester Petracca, of Manhasset.  

 3                And as a member of the New York 

 4   State Thruway Authority:  Brandon R. Sall, of 

 5   Purchase.

 6                ACTING PRESIDENT CARLUCCI:    

 7   Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:    

 9   Mr. President, I'd like to move the nominations 

10   of all of the members of the New York State 

11   Energy Research and Development Authority that 

12   the Secretary just read off.

13                ACTING PRESIDENT CARLUCCI:   The 

14   question is on the nominations of the members of 

15   the New York State Energy Research and 

16   Development Authority.  All those in favor 

17   signify by saying aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT CARLUCCI:    

20   Opposed, nay.

21                (No response.)

22                ACTING PRESIDENT CARLUCCI:   The 

23   nominations carry.

24                Senator DeFrancisco.

25                SENATOR DeFRANCISCO:   I now move 


                                                               4190

 1   all the members of the Justice Center Advisory 

 2   Council who were listed earlier, and I'd move 

 3   their nominations.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   question is on the nomination of the members of 

 6   the Justice Center Advisory Council.  All in 

 7   favor signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT CARLUCCI:   Those 

10   opposed?  

11                (No response.)

12                ACTING PRESIDENT CARLUCCI:   The 

13   members are hereby confirmed.

14                Senator DeFrancisco.

15                SENATOR DeFRANCISCO:   I'd now move 

16   the nominations of the vice-chair and member of 

17   the State Council on the Arts read earlier.

18                ACTING PRESIDENT CARLUCCI:   The 

19   question is on the nomination of the vice-chair 

20   and member of the State Council on the Arts.  

21   All those in favor signify by saying aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT CARLUCCI:    

24   Opposed, nay.

25                (No response.)


                                                               4191

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   nomination carries, and the vice-chair and 

 3   member of the State Council on the Arts is 

 4   hereby confirmed.

 5                SENATOR DeFRANCISCO:   I'd now move 

 6   the nomination of the members of the State 

 7   Council on the Arts whose names were read 

 8   earlier.

 9                ACTING PRESIDENT CARLUCCI:   The 

10   question is on the nomination of the members of 

11   the State Council on the Arts.  All in favor 

12   signify by saying aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT CARLUCCI:    

15   Opposed, nay.

16                (No response.)

17                ACTING PRESIDENT CARLUCCI:   The 

18   nomination carries, and the members are hereby 

19   confirmed.

20                SENATOR DEFRANCISCO:   I'd now move 

21   the nominations of the directors of the New York 

22   Convention Center Operating Corporation that 

23   were named earlier.

24                ACTING PRESIDENT CARLUCCI:   The 

25   question is on the nomination of the directors 


                                                               4192

 1   of the New York Convention Center Operating 

 2   Corporation.  All those in favor signify by 

 3   saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT CARLUCCI:    

 6   Opposed, nay.

 7                (No response.)

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   appointments are confirmed.

10                SENATOR DeFRANCISCO:   I'd move the 

11   nomination of the director of the New York State 

12   Environmental Facilities Corporation that was 

13   read earlier.

14                ACTING PRESIDENT CARLUCCI:   The 

15   question is on the nomination of the director of 

16   the New York State Environmental Facilities 

17   Corporation.  All those in favor signify by 

18   saying aye.

19                (Response of "Aye.")

20                ACTING PRESIDENT CARLUCCI:    

21   Opposed, nay.

22                (No response.)

23                ACTING PRESIDENT CARLUCCI:   The 

24   nomination is confirmed.

25                SENATOR DeFRANCISCO:   I'd now move 


                                                               4193

 1   the nomination of the member of the Dormitory 

 2   Authority whose name was read earlier.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   question is on the nomination of the member of 

 5   the Dormitory Authority.  All those in favor 

 6   signify by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT CARLUCCI:    

 9   Opposed, nay.

10                (No response.)

11                ACTING PRESIDENT CARLUCCI:   The 

12   nomination is confirmed.

13                SENATOR DeFRANCISCO:   I'd now move 

14   the nominations of the members of the Buffalo 

15   and Fort Erie Public Bridge Authority that were 

16   named earlier.

17                ACTING PRESIDENT CARLUCCI:   The 

18   question is on the nomination of the members of 

19   the Buffalo and Fort Erie Public Bridge 

20   Authority.  All those in favor signify by saying 

21   aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT CARLUCCI:    

24   Opposed, nay.

25                (No response.)


                                                               4194

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   nominations are confirmed.

 3                SENATOR DeFRANCISCO:   I'd now move 

 4   the nominations of the members of the Behavioral 

 5   Health Services Advisory Council who were read 

 6   earlier.

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   question is on the nomination of the members of 

 9   the Behavioral Health Services Advisory Council 

10   whose names were read earlier.  All those in 

11   favor signify by saying aye.

12                (Response of "Aye.")

13                ACTING PRESIDENT CARLUCCI:    

14   Opposed, nay.

15                (No response.)

16                ACTING PRESIDENT CARLUCCI:   The 

17   members are confirmed.

18                SENATOR DeFRANCISCO:   I'd now move 

19   the nomination of the chairman and member of the 

20   Thousand Islands State Park, Recreation and 

21   Historic Preservation Commission named earlier.

22                ACTING PRESIDENT CARLUCCI:   The 

23   question is on the nomination of the chairman 

24   and member of the Thousand Islands State Park, 

25   Recreation and Historic Preservation Commission.  


                                                               4195

 1   All those in favor signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT CARLUCCI:    

 4   Opposed, nay.

 5                (No response.)

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   nomination is confirmed.

 8                SENATOR DeFRANCISCO:   I'd now move 

 9   the nomination of the member of the Thousand 

10   Islands State Park, Recreation and Historic 

11   Preservation Commission named earlier.

12                ACTING PRESIDENT CARLUCCI:   The 

13   question is on the nomination of the member of 

14   the Thousand Islands State Park, Recreation and 

15   Historic Preservation Commission.  All those in 

16   favor signify by saying aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT CARLUCCI:    

19   Opposed, nay.

20                (Response of "Nay.")

21                ACTING PRESIDENT CARLUCCI:   The 

22   nomination is confirmed.

23                SENATOR DeFRANCISCO:   I'd now move 

24   the nomination of the chairman and member of the 

25   Long Island State Park, Recreation and Historic 


                                                               4196

 1   Preservation Commission named earlier.

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   question is on the nomination of the chairman 

 4   and member of the Long Island State Park, 

 5   Recreation and Historic Preservation Commission.  

 6   All those in favor signify by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT CARLUCCI:    

 9   Opposed, nay.

10                (No response.)

11                ACTING PRESIDENT CARLUCCI:   The 

12   nomination is confirmed.

13                SENATOR DeFRANCISCO:   I'd now move 

14   the nominations of the members of the 

15   Long Island State Park, Recreation and Historic 

16   Preservation Commission named earlier.

17                ACTING PRESIDENT CARLUCCI:   The 

18   question is on the nomination of the members of 

19   the Long Island State Park, Recreation and 

20   Historic Preservation Commission.  All those in 

21   favor signify by saying aye.  

22                (Response of "Aye.")

23                ACTING PRESIDENT CARLUCCI:    

24   Opposed, nay.

25                (No response.)


                                                               4197

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   nominations are confirmed.

 3                SENATOR DEFRANCISCO:   I'd now move 

 4   the nomination of the member of the Taconic 

 5   State Park, Recreation and Historic Preservation 

 6   Commission named earlier.

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   question is on the nomination of the member of 

 9   the Taconic State Park, Recreation and Historic 

10   Preservation Commission.  All those in favor 

11   signify by saying aye.

12                (Response of "Aye.")

13                ACTING PRESIDENT CARLUCCI:    

14   Opposed, nay.

15                (No response.)

16                ACTING PRESIDENT CARLUCCI:   The 

17   nomination is confirmed.

18                SENATOR DEFRANCISCO:   I'd now move 

19   the nomination of the members of the Palisades 

20   Interstate Park Commission named earlier.

21                ACTING PRESIDENT CARLUCCI:   The 

22   question is on the nominations of the members of 

23   the Palisades Interstate Park Commission.  All 

24   those in favor signify by saying aye.

25                (Response of "Aye.")


                                                               4198

 1                ACTING PRESIDENT CARLUCCI:    

 2   Opposed, nay.

 3                (No response.)

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   nominations are confirmed.

 6                SENATOR DeFRANCISCO:   I'd now move 

 7   the nomination of the member of the Olympic 

 8   Regional Development Authority named earlier.

 9                ACTING PRESIDENT CARLUCCI:   The 

10   question is on the nomination of the member of 

11   the Olympic Regional Development Authority.  All 

12   those in favor signify by saying aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT CARLUCCI:    

15   Opposed, nay.

16                (No response.)

17                ACTING PRESIDENT CARLUCCI:   The 

18   nomination is confirmed.

19                SENATOR DeFRANCISCO:   I'd now move 

20   the nomination of the chair and member of the 

21   State Park, Recreation and Historic Preservation 

22   Commission named earlier.

23                ACTING PRESIDENT CARLUCCI:   The 

24   question is on the nomination of the chair and 

25   member of the State Park, Recreation and 


                                                               4199

 1   Historic Preservation Commission.  All those in 

 2   favor signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT CARLUCCI:    

 5   Opposed, nay.

 6                (No response.)

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   nomination is confirmed.

 9                SENATOR DeFRANCISCO:   I now move 

10   the nomination of the member of the State Park, 

11   Recreation and Historic Preservation Commission 

12   named earlier.

13                ACTING PRESIDENT CARLUCCI:   The 

14   question is on the nomination of the member of 

15   the State Park, Recreation and Historic 

16   Preservation Commission.  All those in favor 

17   signify by saying aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT CARLUCCI:    

20   Opposed, nay.

21                (No response.)

22                ACTING PRESIDENT CARLUCCI:   The 

23   nomination is confirmed.

24                SENATOR DeFRANCISCO:   I now move 

25   the nomination of the member of the State Board 


                                                               4200

 1   for Historic Preservation named earlier.

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   question is on the nomination of the member of 

 4   State Board for Historic Preservation.  All 

 5   those in favor signify by saying aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT CARLUCCI:    

 8   Opposed, nay.

 9                (No response.)

10                ACTING PRESIDENT CARLUCCI:   The 

11   nomination is confirmed.

12                SENATOR DEFRANCISCO:   I'd now move 

13   the nomination of the member of the Battery Park 

14   City Authority which was named earlier.

15                ACTING PRESIDENT CARLUCCI:   The 

16   question is on the nomination of the member of 

17   the Battery Park City Authority.  

18                Senator Squadron to explain his 

19   vote.

20                SENATOR SQUADRON:   Thank you very 

21   much, Mr. President.  

22                And I know that the nominee before 

23   us has served on the authority, and I have to 

24   say, you know, I know that he's served 

25   diligently and appropriately.  


                                                               4201

 1                In Battery Park City, in the 

 2   community we have a long-time push to have more 

 3   community representation on the Battery Park 

 4   City Authority.  When it was started, with the 

 5   support of this Legislature, as a state 

 6   authority nearly 40 years ago, the Battery Park 

 7   City Authority was a development project.  And 

 8   it was an important one, one that was opposed to 

 9   drive a rejuvenation in Lower Manhattan and 

10   affordability in Lower Manhattan.

11                Today it is not a development 

12   project.  Today Battery Park City is a 

13   neighborhood, a thriving residential and 

14   business mixed-use community full of families, 

15   an ever-growing elementary school population.  

16   And so the membership of the authority really 

17   has different needs than it did once upon a 

18   time.  

19                And that's why, along with Speaker 

20   Silver and local leaders and residents of 

21   Battery Park City, we have been pushing to have 

22   more residents on the Battery Park City 

23   Authority.  

24                With no prejudice against 

25   Mr. Petracca and an acknowledgment that he has 


                                                               4202

 1   served dutifully and I'm sure will continue to, 

 2   I'll be voting no on this nomination, 

 3   Mr. President, simply because we would like to 

 4   continue to urge the Governor to appoint 

 5   residents to the Battery Park City Authority.  

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT CARLUCCI:   Thank 

 8   you, Senator Squadron.

 9                Are there other members wishing to 

10   be heard on the nomination?

11                Seeing none, all in favor signify 

12   by saying aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT CARLUCCI:    

15   Opposed, nay.

16                SENATOR SQUADRON:   Nay.

17                ACTING PRESIDENT CARLUCCI:   The 

18   nomination is confirmed.

19                Senator DeFrancisco.

20                SENATOR DeFRANCISCO:   I'd now move 

21   the nomination of the member of the New York 

22   State Thruway Authority named earlier.

23                ACTING PRESIDENT CARLUCCI:   The 

24   question is on the nomination of the member of 

25   the New York State Thruway Authority.  All those 


                                                               4203

 1   in favor signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT CARLUCCI:    

 4   Opposed, nay.

 5                (No response.)

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   nomination is confirmed.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Yes, would 

10   you please read the only name that we haven't 

11   read so far for the members of the Behavioral 

12   Health Services Advisory Council from the report 

13   from the Finance Committee.

14                ACTING PRESIDENT CARLUCCI:   The 

15   Secretary will read the nomination for the 

16   remaining member of the Behavioral Health 

17   Services Advisory Council.

18                THE SECRETARY:   As member of the 

19   Behavioral Health Services Advisory Council, 

20   Katherine Breslin, of Saratoga Springs.

21                SENATOR DEFRANCISCO:   I move the 

22   nomination.

23                ACTING PRESIDENT CARLUCCI:   The 

24   question is on the nomination of the member of 

25   the Behavioral Health Services Advisory Council.


                                                               4204

 1                Senator Breslin to speak on the 

 2   nomination.

 3                SENATOR BRESLIN:   Yes, 

 4   Mr. President, I would request from the chair to 

 5   be excused from the vote on Katherine A. Breslin 

 6   to prevent the possibility of a conflict of 

 7   interest.

 8                ACTING PRESIDENT CARLUCCI:   So 

 9   ordered.

10                SENATOR BRESLIN:   Thank you, 

11   Mr. President.

12                ACTING PRESIDENT CARLUCCI:   All 

13   those in favor of the nomination signify by 

14   saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT CARLUCCI:    

17   Opposed, nay.

18                (No response.)

19                ACTING PRESIDENT CARLUCCI:   The 

20   nomination is confirmed.

21                Senator Libous.

22                SENATOR LIBOUS:   Mr. President, at 

23   this time we're going to take up the 

24   controversial calendar.  

25                And I believe it would be Calendar 


                                                               4205

 1   Number 1455, by Senator Maziarz.

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   Secretary will ring the bell.

 4                The Secretary will read Calendar 

 5   Number 1455.

 6                THE SECRETARY:   Calendar Number 

 7   1455, by Senator Maziarz, Senate Print 7779A, an 

 8   act to authorize.

 9                SENATOR KRUEGER:   Explanation.

10                ACTING PRESIDENT CARLUCCI:    

11   There's been an explanation requested by Senator 

12   Krueger of the sponsor.  

13                Senator Maziarz to give an 

14   explanation.

15                SENATOR MAZIARZ:   Thank you very 

16   much, Mr. President, yes. 

17                This legislation would allow the 

18   Town of Niagara in Niagara County, at the town's 

19   request, to alienate and sell an area, a 

20   3.6-acre area in a commercial zone that was at 

21   least 10 years ago used as a park, has not been 

22   used as a park for over 10 years, and is now an 

23   overgrown field.  

24                And there is I believe an adjacent 

25   commercial operator-owner that would like to 


                                                               4206

 1   acquire this particular land.

 2                Now, the town did several years ago 

 3   construct a 126-acre park a short distance from 

 4   this park which has all the amenities --

 5                SENATOR LIBOUS:   Mr. President, I 

 6   want to hear Senator Maziarz's explanation, but 

 7   there's a lot of background noise.

 8                ACTING PRESIDENT CARLUCCI:   We're 

 9   going to need order in the chamber.  I remind 

10   everyone to please keep their conversations to a 

11   minimum.

12                Senator Maziarz to continue.

13                SENATOR MAZIARZ:   Thank you very 

14   much, Mr. President.  

15                I was pointing out that the Town of 

16   Niagara several years ago did develop, right 

17   down the road from this parkland that they would 

18   like to alienate and sell now, a 126-acre park 

19   known as Veterans Memorial Park, which has all 

20   the amenities -- soccer fields, fishing ponds, 

21   cross-country ski trails, walking paths, picnic 

22   shelters, playgrounds, outdoor concerts, holiday 

23   events, a community center.  All of this was not 

24   available at the parkland where they would like 

25   to alienate it now.


                                                               4207

 1                And I would say that the reason 

 2   that the town brought this up, even though this 

 3   land has not been used for well over a decade, 

 4   is because someone would like to purchase this 

 5   property, open a business there, and employ 

 6   25 people.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT CARLUCCI:   Thank 

 9   you, Senator Maziarz.

10                Senator Krueger on the bill.

11                SENATOR KRUEGER:   Actually, if the 

12   sponsor would yield, please.

13                ACTING PRESIDENT CARLUCCI:   Does 

14   the sponsor yield?  

15                SENATOR MAZIARZ:   Certainly, 

16   Mr. President.  

17                ACTING PRESIDENT CARLUCCI:    

18   Senator Krueger, the sponsor yields.

19                SENATOR KRUEGER:   I appreciate the 

20   explanation.  

21                So it is an alienation bill with a 

22   home-rule message?

23                ACTING PRESIDENT CARLUCCI:   

24   Senator Maziarz.  

25                SENATOR MAZIARZ:   I believe there 


                                                               4208

 1   is a home-rule message.  Yes, there is.

 2                SENATOR KRUEGER:   Through you, 

 3   Mr. President, if the sponsor would continue to 

 4   yield.

 5                SENATOR MAZIARZ:   Yes, 

 6   Mr. President.  

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   sponsor yields.  

 9                Senator Krueger.

10                SENATOR KRUEGER:   Traditionally, 

11   park alienation bills with home rule have a 

12   replacement requirement so that alternative land 

13   is created as new park space if we're alienating 

14   park space.

15                I don't believe I saw in this bill 

16   any creation of new parkland.  Is that correct?

17                ACTING PRESIDENT CARLUCCI:    

18   Senator Maziarz.

19                SENATOR MAZIARZ:   Well, the good 

20   elected representatives of the Town of Niagara, 

21   Senator Krueger, were ahead of us.  They 

22   actually constructed the park well in advance of 

23   this legislation.  

24                As I pointed out, the 126-acre 

25   Veterans Park a short distance from this park 


                                                               4209

 1   was constructed and has all the amenities that 

 2   one would desire in a park.  And I've been there 

 3   for many functions myself, and it is a very 

 4   beautiful park.

 5                ACTING PRESIDENT CARLUCCI:    

 6   Senator Krueger.

 7                SENATOR KRUEGER:   Through you, 

 8   Mr. President, if the sponsor would continue to 

 9   yield.

10                ACTING PRESIDENT CARLUCCI:   The 

11   sponsor yields?  

12                SENATOR MAZIARZ:   Yes, 

13   Mr. President.

14                ACTING PRESIDENT CARLUCCI:    

15   Senator Krueger.

16                SENATOR KRUEGER:   I believe the 

17   sponsor when he tells me that there is a 

18   different park in this town that has been redone 

19   and is beautiful and has all kinds of amenities.  

20   Nonetheless, that predates before the question 

21   before us today.

22                So there's no land replacement for 

23   this alienation within this bill, is that 

24   correct?  

25                ACTING PRESIDENT CARLUCCI:    


                                                               4210

 1   Senator Maziarz.

 2                SENATOR MAZIARZ:   That is not 

 3   correct, Mr. President.  I think I pointed out 

 4   that actually the 126-acre park took the place 

 5   of the 3.6-acre park.  That's the way that I see 

 6   it, that's the way the elected officials in the 

 7   Town of Niagara see it.  I guess that's not the 

 8   way Senator Krueger sees it.

 9                ACTING PRESIDENT CARLUCCI:    

10   Senator Krueger.

11                SENATOR KRUEGER:   Through you, 

12   Mr. President, if the sponsor would continue to 

13   yield.

14                SENATOR MAZIARZ:   Yes, 

15   Mr. President.  

16                ACTING PRESIDENT CARLUCCI:   The 

17   sponsor yields.  

18                Senator Krueger.

19                SENATOR KRUEGER:   So the 126 acres 

20   was recently purchased to become parkland?  

21                ACTING PRESIDENT CARLUCCI:    

22   Senator Maziarz.

23                SENATOR MAZIARZ:   No, I'm not sure 

24   when it was actually purchased.  But it was -- 

25   well, it was developed in stages over the last 


                                                               4211

 1   several years, Senator.

 2                ACTING PRESIDENT CARLUCCI:    

 3   Senator Krueger.

 4                SENATOR KRUEGER:   Through you, 

 5   Mr. President, if the sponsor would continue to 

 6   yield.

 7                SENATOR MAZIARZ:   Certainly, 

 8   Mr. President.

 9                ACTING PRESIDENT CARLUCCI:   The 

10   sponsor yields.  

11                Senator Krueger.

12                SENATOR KRUEGER:   What is the 

13   price that is going to be paid for these 

14   3.6 acres of land?

15                ACTING PRESIDENT CARLUCCI:   

16   Senator Maziarz.

17                SENATOR MAZIARZ:   I do not have 

18   that information, Senator.  I assume that they 

19   would have to either auction it off or have an 

20   RFP for it or something like that.  But I'm not 

21   sure.

22                ACTING PRESIDENT CARLUCCI:    

23   Senator Krueger.

24                SENATOR KRUEGER:   Through you, 

25   Mr. President, if the sponsor would continue to 


                                                               4212

 1   yield.

 2                SENATOR MAZIARZ:   Yes.  I'm 

 3   certain -- could I just get back to the last 

 4   question?  I'm absolutely certain, given the 

 5   fact that it's a public piece of property, that 

 6   it would be fair market value.  And it's in a 

 7   very hot commercial area, Senator.

 8                ACTING PRESIDENT CARLUCCI:   Thank 

 9   you, Senator Maziarz.

10                SENATOR MAZIARZ:   And I will 

11   continue to yield.

12                ACTING PRESIDENT CARLUCCI:   The 

13   sponsor yields.  

14                Senator Krueger.

15                SENATOR KRUEGER:   Is there some 

16   language in the bill that requires fair market 

17   value for the sale?

18                ACTING PRESIDENT CARLUCCI:    

19   Senator Maziarz.

20                SENATOR MAZIARZ:   Yes, there is, 

21   Mr. President.  

22                And, I might add, not only is there 

23   language in the bill that requires fair market 

24   value, but the dollars that the town receives 

25   for the park they must spend on park and 


                                                               4213

 1   recreation activities, I would presume within 

 2   the relatively new 126-acre park.

 3                ACTING PRESIDENT CARLUCCI:    

 4   Senator Krueger.

 5                SENATOR KRUEGER:   Through you, 

 6   Mr. President, on the bill.

 7                ACTING PRESIDENT CARLUCCI:    

 8   Senator Krueger on the bill.

 9                SENATOR KRUEGER:   I want to thank 

10   the sponsor for his answers.

11                This house does not have the same 

12   explicit rules as the Assembly for allowing 

13   alienation of parkland.  I have always been 

14   biased towards the Assembly's rules, which 

15   require that when parkland is alienated, meaning 

16   in law taken out of park use, there must be 

17   replacement parkland of equal or greater value 

18   and/or geography.

19                This is an exception to what we 

20   normally pass as bills in both the Assembly and 

21   the Senate.  So in fact I don't know whether 

22   this will pass the Assembly.  

23                Here is my concern.  I think the 

24   precedent is very important to hold that when 

25   you are selling off parkland, you need to ensure 


                                                               4214

 1   replacement of alternative land of equal of or 

 2   greater value.  I hear the sponsor explain they 

 3   have another park in this town, they've spent a 

 4   lot of money on improving that park.  I'm 

 5   delighted to hear that.  I'm sure the people who 

 6   live there are delighted to hear that.  But 

 7   nonetheless, improving a park somewhere and then 

 8   later on saying now we can sell off another park 

 9   and not get equal land or value for it is not 

10   really apples and apples, it's apples and 

11   oranges.  

12                I represent the City of New York.  

13   I don't think that I would say because we made 

14   improvements to Central Park in one year we 

15   don't need to deal with the fact that we might 

16   sell off St. Catherine's Park in my district but 

17   say "But Central Park's getting taken care of 

18   very well."

19                So I have a serious concern about 

20   the precedent of allowing a law to be passed 

21   where there is parkland alienated and sold for 

22   commercial purposes without replacement of new 

23   parkland and investment in parks of the money 

24   from that.  

25                And again, saying that they 


                                                               4215

 1   improved a park -- and they might even owe money 

 2   on that park still, I don't know -- is not the 

 3   same as alienating land and saying, "Well, we'll 

 4   take some of the money perhaps and put it into 

 5   the bill we still owe on the other park."  I 

 6   think it's a dangerous and slippery-slope 

 7   precedent for the Legislature to go down.  

 8                And so no disrespect to this town's 

 9   goal, and really no objection to the idea of 

10   taking 3½ acres of unused parkland and using it 

11   for another purpose, I feel very strongly we 

12   should require replacement of that alienated 

13   land for park purposes, not just on behalf of 

14   that town but as a precedent for the entire 

15   state.

16                I'll vote no, Mr. President.

17                ACTING PRESIDENT CARLUCCI:   Thank 

18   you, Senator Krueger.

19                Senator Krueger to be recorded in 

20   the negative.

21                Are there any other members wishing 

22   to be heard on the debate?  

23                Seeing none, the debate is closed 

24   and the Secretary will ring the bell.

25                (Pause.)


                                                               4216

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   Secretary will read the last section.

 3                THE SECRETARY:   Section 5.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT CARLUCCI:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT CARLUCCI:    

 9   Senator Stavisky to explain her vote.

10                SENATOR STAVISKY:   To explain my 

11   vote.

12                I have sponsored and voted for 

13   alienation of parkland in the past, but in each 

14   case there was replacement parkland.  That is 

15   not the case with this legislation, and 

16   therefore I vote no.  I think it does set a very 

17   serious precedent that parkland can be sold off, 

18   and I think that is a very serious mistake.  

19                I vote no.

20                SENATOR LIBOUS:   Mr. President, we 

21   need some order in this chamber.  There's way 

22   too much noise.

23                ACTING PRESIDENT CARLUCCI:    

24   {Gaveling.}  The Senate will come to order.  

25                Please keep conversations outside 


                                                               4217

 1   the chamber.  We have important business to 

 2   discuss.

 3                Senator Stavisky will be recorded 

 4   in the negative.

 5                Are there other members wishing to 

 6   explain their vote?  

 7                Seeing none, the Secretary will 

 8   announce the result.

 9                THE SECRETARY:   In relation to 

10   Calendar 1455, those recorded in the negative 

11   are Senators Avella, Krueger, Montgomery, 

12   Perkins, Rivera, Sanders, Serrano and Stavisky.

13                Absent from voting:  Senator 

14   Addabbo.

15                Ayes, 49.  Nays, 8.

16                ACTING PRESIDENT CARLUCCI:   The 

17   bill is passed.

18                Senator Libous, that completes the 

19   controversial reading of the supplemental 

20   calendar.

21                SENATOR LIBOUS:   Mr. President, 

22   can we go to motions and call on Senator 

23   Valesky, please.

24                ACTING PRESIDENT CARLUCCI:    

25   Motions and resolutions.


                                                               4218

 1                Senator Valesky.

 2                SENATOR VALESKY:   Thank you, 

 3   Mr. President.

 4                On behalf of Senator Savino, on 

 5   page 18 I offer the following amendments to 

 6   Calendar 547, Senate Bill 6964B, and ask that 

 7   said bill retain its place on the Third Reading 

 8   Calendar.

 9                ACTING PRESIDENT CARLUCCI:   So 

10   ordered.

11                Senator Libous.

12                SENATOR LIBOUS:   Mr. President, 

13   there's a previously adopted resolution, 

14   Number 5614, at the desk by Senator Kennedy.  I 

15   believe he'd like it read in its entirety, and 

16   if you could call on him.  

17                And if I could ask the 

18   Sergeant-at-Arms to please keep the doors 

19   closed, because we've got some activity going on 

20   out -- 

21                (Outburst from protestors in the 

22   gallery.)

23                SENATOR LIBOUS:   Okay, so we've 

24   got some activity going on --

25                (Protestors chanting loudly.)


                                                               4219

 1                ACTING PRESIDENT CARLUCCI:    

 2   Senator Breslin, why do you rise?

 3                SENATOR BRESLIN:   Mr. President, 

 4   could you let us know when --

 5                (Protestors chanting loudly.)

 6                SENATOR BRESLIN:   It was funny.  

 7   It isn't funny anymore.

 8                ACTING PRESIDENT CARLUCCI:    

 9   Senator Libous.

10                SENATOR LIBOUS:   Mr. President, 

11   now that we've had that refreshing display of 

12   democracy, I think Senator Kennedy -- are you 

13   set to do your resolution, Senator?  Did I call 

14   it up yet?

15                ACTING PRESIDENT CARLUCCI:   You 

16   did.

17                SENATOR LIBOUS:   I already did it?  

18   We're good.  Then let's rock and roll.

19                ACTING PRESIDENT CARLUCCI:   The 

20   Secretary will read the resolution.

21                THE SECRETARY:   Legislative 

22   Resolution Number 5614, by Senator Kennedy, 

23   honoring Korean War veteran Eugene Pernatt upon 

24   the occasion of his designation as recipient of 

25   a Purple Heart Award, and commending him on his 


                                                               4220

 1   distinguished military service.  

 2                "WHEREAS, Members of the Armed 

 3   Forces, who have served so valiantly and 

 4   honorably in wars in which our nation's freedom 

 5   was at stake, deserve a special salute from this 

 6   Legislative Body; and 

 7                "WHEREAS, Attendant to such 

 8   concern, and in full accord with its 

 9   long-standing traditions, this Legislative Body 

10   is justly proud to honor Korean War veteran 

11   Eugene Pernatt upon the occasion of  his  

12   designation as recipient of a Purple Heart 

13   Award, and to commend him on his distinguished 

14   military service; and 

15                "WHEREAS, Established in 1782, the 

16   Purple Heart is awarded in the name of the 

17   President of the United States to any soldier 

18   who, while serving with the United States Armed 

19   Services, has been wounded or killed; one of our 

20   nation's most prestigious military honors, it is 

21   the oldest award still given to United States 

22   military members; and 

23                "WHEREAS, Born in South Buffalo, 

24   New York, Eugene 'Bob' Pernatt is being 

25   recognized for his valorous actions during the 


                                                               4221

 1   Korean War as part of the 3rd Infantry Division, 

 2   one of the most renowned and decorated combat 

 3   units during the conflict; and 

 4                "WHEREAS, On April 19, 1951, Eugene 

 5   Pernatt was wounded in both legs when his squad 

 6   came under attack; and 

 7                "WHEREAS, A truly valiant soldier, 

 8   Eugene Pernatt has received numerous awards for 

 9   his service, including the National Defense 

10   Service Medal, the Korean Service Medal with two 

11   bronze service stars, the United Nations Service  

12   Medal, and the Marksman Badge with Carbine Bar 

13   and Rifle Bar; in addition, he was awarded the 

14   Korean War Service Medal from the Republic of 

15   Korea; and 

16                "WHEREAS, A loving husband and 

17   father, Eugene Pernatt and his wife, May, raised 

18   two sons, Wesley and the late Robert Pernatt; 

19   his late son, Robert, followed in his father's 

20   footsteps and served in the U.S. Army as a 

21   captain and airborne paratrooper; and 

22                "WHEREAS, The banner of freedom 

23   will always wave over this great nation, the 

24   land of the free and the home of the brave; and 

25                "WHEREAS, The freedoms and security 


                                                               4222

 1   we cherish as Americans come at a very high 

 2   price for those serving in the military in times 

 3   of conflict; it is fitting and proper that we 

 4   who are the beneficiaries of those who risk  

 5   their lives, leaving their families behind, 

 6   express our appreciation and eternal gratitude 

 7   for their sacrifices and courageous acts; now, 

 8   therefore, be it 

 9                "RESOLVED, That this Legislative 

10   Body pause in its deliberations to honor Korean 

11   War veteran Eugene Pernatt upon the occasion of  

12   his designation as recipient of a Purple Heart 

13   Award, and to commend him on his distinguished 

14   military service; and be it further 

15                "RESOLVED, That a copy of this 

16   resolution, suitably engrossed, be transmitted 

17   to Eugene Pernatt."

18                ACTING PRESIDENT CARLUCCI:   

19   Senator Kennedy on the resolution.

20                SENATOR KENNEDY:   Thank you, 

21   Mr. President.  

22                I rise today to honor Private 

23   Eugene "Bob" Pernatt after being awarded his 

24   Purple Heart, which he earned about 63 years ago 

25   during his service in the Korean War.  


                                                               4223

 1                Private Pernatt now joins the ranks 

 2   of American servicemen and women who have 

 3   received the Purple Heart, one of our nation's 

 4   most prestigious awards and proud honors.  

 5   Private Pernatt served with distinction, honor 

 6   and bravery.  The Purple Heart is awarded in the 

 7   name of the President of the United States to 

 8   any member of the armed forces who, while 

 9   serving with the United States armed services, 

10   has been wounded or killed.  He made great 

11   sacrifice for our nation, and now he's receiving 

12   the full recognition that he is due.  

13                Bob and his family made the trip to 

14   the State Capitol today, and they're joining us 

15   here on the Senate floor.  He's joined by his 

16   son Wesley, his brother George, and his nephew 

17   Glenn.  

18                I'd like to take this time to honor 

19   the service of this great American hero.  Born 

20   and raised in South Buffalo, Bob Pernatt bravely 

21   fought alongside his comrades in the 3rd 

22   Infantry Division during the Korean War.  As a 

23   member of the 3rd Infantry Division, Private 

24   Pernatt proudly served with one of the most 

25   successful and decorated divisions in the Army.  


                                                               4224

 1                The 3rd Infantry Division is well 

 2   known for their courage, and the high cost of 

 3   their bravery has been thoroughly documented.  

 4   More than 2,000 members of their unit were 

 5   killed in the Korean War, and nearly 8,000 were 

 6   wounded.  Private Pernatt was one of those 

 7   soldiers wounded.  On April 19, 1951, Private 

 8   Pernatt's squad came under attack.  As they 

 9   battled against the enemy's gunfire, Private 

10   Pernatt was wounded in both of his legs.  

11                After several months of recovery, 

12   Bob was finally able to return home to his 

13   worried family in South Buffalo.  He came back a 

14   battle-tested veteran, an American hero.  

15                After his service, Bob started a 

16   family and worked for years at National Fuel 

17   Gas.  He's been a loving husband and father.  

18   Bob and his wife raised two sons, Wesley and 

19   Robert.  His late son Robert followed in his 

20   father's footsteps and served in the U.S. Army 

21   as a captain and airborne paratrooper.  

22                The freedoms and security we 

23   cherish as Americans come at a very high price 

24   for those that serve in the military.  And it's 

25   moments like this when we should reflect on this 


                                                               4225

 1   immense sacrifice that's been made by so many.  

 2   They risked their lives, leaving their families 

 3   behind, to fight for our nation.  We must do all 

 4   we can to express our deep appreciation and 

 5   gratitude for all that they've done.  

 6                I'm humbled to have the opportunity 

 7   to honor this great hero, and we all owe a 

 8   tremendous debt of gratitude for the bravery of 

 9   men and women like Bob Pernatt.  We must never 

10   forget the incredible service of our military 

11   men and women.  

12                Thank you, Bob.  May God bless you, 

13   and may God continue to bless this great State 

14   of New York and this great United States of 

15   America.  

16                Thank you, Mr. President.  

17                ACTING PRESIDENT CARLUCCI:   Thank 

18   you, Senator Kennedy.

19                Senator Sanders on the resolution.

20                SENATOR SANDERS:   I rise to join 

21   my colleague in honoring one of America's 

22   heroes.  

23                As a Marine Corps veteran, we 

24   understood the battles that were fought in that 

25   war, a war that has not received much 


                                                               4226

 1   recognition.  Battles in the Frozen Chosin and 

 2   other areas are the stuff of legend.

 3                So I absolutely had to join and 

 4   congratulate.  And I wish your son had become a 

 5   Marine, sir.  But the Army Rangers of course 

 6   lead the way.

 7                Having said that, I thank you 

 8   again, sir.  And thank you for bringing such a 

 9   hero before us.

10                ACTING PRESIDENT CARLUCCI:   Thank 

11   you, Senator Sanders.

12                Are there other members wishing to 

13   be heard on the resolution?  

14                Seeing none, this resolution was 

15   previously adopted.  

16                And thank you, Private Pernatt, for 

17   your service and dedication to our country.

18                (Standing ovation.)

19                ACTING PRESIDENT CARLUCCI:    

20   Senator Libous.

21                SENATOR LIBOUS:   Mr. President, if 

22   you can call on Senator Serrano for an 

23   announcement.

24                ACTING PRESIDENT CARLUCCI:    

25   Senator Serrano.


                                                               4227

 1                SENATOR SERRANO:   Thank you, 

 2   Mr. President.  

 3                There will be an immediate meeting 

 4   of the Democratic Conference in Room 315.

 5                ACTING PRESIDENT CARLUCCI:   There 

 6   will be an immediate meeting of the Democratic 

 7   Conference in Room 315.

 8                SENATOR LIBOUS:   Mr. President, 

 9   there will be an immediate meeting of the 

10   Republican Conference in Room 332.

11                ACTING PRESIDENT CARLUCCI:   There 

12   will be an immediate meeting of the Republican 

13   Conference in Room 332.

14                SENATOR LIBOUS:   The Senate will 

15   stand at ease.

16                ACTING PRESIDENT CARLUCCI:   The 

17   Senate will stand at ease.

18                (Whereupon, the Senate stood at 

19   ease at 2:44 p.m.)

20                (Whereupon, the Senate reconvened 

21   at 3:46 p.m.)

22                ACTING PRESIDENT CARLUCCI:   The 

23   Senate will come to order.

24                Senator Hannon.

25                SENATOR HANNON:   Mr. President, 


                                                               4228

 1   could we alert members of the Rules Committee 

 2   there will be an immediate meeting of the Rules 

 3   Committee in Room 332.

 4                ACTING PRESIDENT CARLUCCI:    There 

 5   will be an immediate meeting of the Rules 

 6   Committee in Room 332.

 7                SENATOR HANNON:   Thank you.  

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   Senate will stand at ease.

10                (Whereupon, the Senate stood at 

11   ease at 3:46 p.m.)

12                (Whereupon, the Senate reconvened 

13   at 4:07 p.m.)

14                ACTING PRESIDENT CARLUCCI:   The 

15   Senate will come to order.

16                Senator Libous.

17                SENATOR LIBOUS:   Mr. President, I 

18   believe there's a report of the Rules Committee 

19   at the desk.  I ask that it be read at this 

20   time.

21                ACTING PRESIDENT CARLUCCI:   There 

22   is a report from the Rules Committee at the 

23   desk.  

24                The Secretary will read.

25                THE SECRETARY:   Senator Skelos, 


                                                               4229

 1   from the Committee on Rules, reports the 

 2   following bills:  

 3                Senate Print 371A, by Senator 

 4   Kennedy, an act to amend the Penal Law; 

 5                Senate 2745A, by Senator Golden, an 

 6   act to amend the Executive Law; 

 7                Senate 3282, by Senator Little, an 

 8   act to amend the General Obligations Law; 

 9                Senate 4140, by Senator Lanza, an 

10   act to amend the Vehicle and Traffic Law; 

11                Senate 4341, by Senator Gallivan, 

12   an act to amend the Executive Law; 

13                Senate 4756A, by Senator 

14   DeFrancisco, an act to amend the Insurance Law; 

15                Senate 4814, by Senator Golden, an 

16   act to amend the Public Authorities Law; 

17                Senate 5002A, by Senator Lanza, an 

18   act to amend the Transportation Law; 

19                Senate 6750, by Senator Squadron, 

20   an act to amend the Executive Law; 

21                Senate 6811, by Senator Maziarz, an 

22   act to amend the General Business Law; 

23                Senate 6825A, by Senator Seward, an 

24   act to amend the Vehicle and Traffic Law; 

25                Senate 7173B, by Senator Lanza, an 


                                                               4230

 1   act to amend the General Business Law; 

 2                Senate 7267, by Senator Nozzolio, 

 3   an act relating to part-time police officer; 

 4                Senate 7340, by Senator 

 5   Ranzenhofer, an act to amend Chapter 549 of the 

 6   Laws of 2013; 

 7                Senate 7382, by Senator Valesky, an 

 8   act in relation to the meaning; 

 9                Senate 7399, by Senator LaValle, an 

10   act to authorize; 

11                Senate 7478A, by Senator Hannon, an 

12   act to amend the Public Health Law; 

13                Senate 7745, by Senator Valesky, an 

14   act creating; 

15                Senate 7762, by Senator 

16   Ranzenhofer, an act relating to authorizing; 

17                And Senate 7799A, by Senator 

18   Ranzenhofer, an act to amend Chapter 549 of the 

19   Laws of 2013.

20                All bills reported direct to third 

21   reading.

22                ACTING PRESIDENT CARLUCCI:    

23   Senator Libous.

24                SENATOR LIBOUS:   Mr. President, I 

25   move to accept the report of the Rules 


                                                               4231

 1   Committee.

 2                ACTING PRESIDENT CARLUCCI:   All in 

 3   favor of accepting the Rules report please 

 4   signify by saying aye.

 5                (Response of "Aye.")

 6                ACTING PRESIDENT CARLUCCI:    

 7   Opposed, nay.

 8                (No response.)

 9                ACTING PRESIDENT CARLUCCI:   The 

10   Rules report is accepted.

11                Senator Libous.

12                SENATOR LIBOUS:   At this time 

13   could we take up the noncontroversial reading of 

14   Supplemental Calendar 51B, please.

15                ACTING PRESIDENT CARLUCCI:   The 

16   Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   1460, by Senator Kennedy, Senate Print 371A, an 

19   act to amend the Penal Law.

20                ACTING PRESIDENT CARLUCCI:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the first of November.

24                ACTING PRESIDENT CARLUCCI:   Call 

25   the roll.


                                                               4232

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CARLUCCI:    

 3   Announce the result.

 4                THE SECRETARY:   Ayes, 58.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is passed.  

 7                THE SECRETARY:   Senator Golden 

 8   moves to discharge, from the Committee on Rules, 

 9   Assembly Bill Number 4645B and substitute it for 

10   the identical Senate Bill 2745A, Third Reading 

11   Calendar 1461.

12                ACTING PRESIDENT CARLUCCI:   

13   Substitution ordered.

14                The Secretary will read.

15                THE SECRETARY:   Calendar Number 

16   1461, by Member of the Assembly Englebright, 

17   Assembly Print 4645B, an act to amend the 

18   Executive Law.

19                ACTING PRESIDENT CARLUCCI:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the first of January.

23                ACTING PRESIDENT CARLUCCI:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               4233

 1                ACTING PRESIDENT CARLUCCI:    

 2   Announce the result.

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1462, by Senator Little, Senate Print 3282, an 

 8   act to amend the General Obligations Law.

 9                ACTING PRESIDENT CARLUCCI:   Read 

10   the last section.

11                THE SECRETARY:   Section 4.  This 

12   act shall take effect on the 180th day.

13                ACTING PRESIDENT CARLUCCI:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT CARLUCCI:    

17   Announce the result.

18                THE SECRETARY:   Ayes, 57.  Nays, 

19   1.  Senator Zeldin recorded in the negative.

20                ACTING PRESIDENT CARLUCCI:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   1463, by Senator Lanza, Senate Print 4140, an 

24   act to amend the Vehicle and Traffic Law.

25                ACTING PRESIDENT CARLUCCI:   Read 


                                                               4234

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the 60th day.

 4                ACTING PRESIDENT CARLUCCI:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT CARLUCCI:    

 8   Announce the result.

 9                THE SECRETARY:   Ayes, 57.  Nays, 

10   1.  Senator Little recorded in the negative.

11                ACTING PRESIDENT CARLUCCI:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   1464, by Senator Gallivan, Senate Print 4341, an 

15   act to amend the Executive Law.

16                ACTING PRESIDENT CARLUCCI:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the 30th day.

20                ACTING PRESIDENT CARLUCCI:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT CARLUCCI:    

24   Announce the result.

25                THE SECRETARY:   Ayes, 58.


                                                               4235

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   bill is passed.

 3                THE SECRETARY:   Senator 

 4   DeFrancisco moves to discharge, from the 

 5   Committee on Rules, Assembly Bill Number 9346A 

 6   and substitute it for the identical Senate Bill 

 7   4756A, Third Reading Calendar 1465.

 8                ACTING PRESIDENT CARLUCCI:    

 9   Substitution ordered.

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   1465, by Member of the Assembly Morelle, 

13   Assembly Print 9346A, an act to amend the 

14   Insurance Law.

15                ACTING PRESIDENT CARLUCCI:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT CARLUCCI:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT CARLUCCI:    

23   Announce the result.

24                THE SECRETARY:   Ayes, 58.

25                ACTING PRESIDENT CARLUCCI:   The 


                                                               4236

 1   bill is passed.

 2                THE SECRETARY:   Senator Golden 

 3   moves to discharge, from the Committee on 

 4   Corporations, Authorities and Commissions, 

 5   Assembly Bill Number 181 and substitute it for 

 6   the identical Senate Bill 4814, Third Reading 

 7   Calendar 1466.

 8                ACTING PRESIDENT CARLUCCI:    

 9   Substitution ordered.

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   1466, by Member of the Assembly Kavanagh, 

13   Assembly Print 181, an act to amend the Public 

14   Authorities Law.

15                ACTING PRESIDENT CARLUCCI:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT CARLUCCI:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT CARLUCCI:    

23   Announce the result.

24                THE SECRETARY:   Ayes, 57.  Nays, 

25   1.  Senator Ball recorded in the negative.  


                                                               4237

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1467, by Senator Lanza, Senate Print 5002A, an 

 5   act to amend the Transportation Law.

 6                ACTING PRESIDENT CARLUCCI:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the 60th day.

10                ACTING PRESIDENT CARLUCCI:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT CARLUCCI:    

14   Announce the result.

15                THE SECRETARY:   Ayes, 57.  Nays, 

16   1.  Senator Ball recorded in the negative.  

17                ACTING PRESIDENT CARLUCCI:   The 

18   bill is passed.

19                THE SECRETARY:   Senator Squadron 

20   moves to discharge, from the Committee on 

21   Finance, Assembly Bill Number 9006 and 

22   substitute it for the identical Senate Bill 

23   6750, Third Reading Calendar 1470.

24                ACTING PRESIDENT CARLUCCI:    

25   Substitution ordered.


                                                               4238

 1                The Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   1470, by Member of the Assembly Lentol, 

 4   Assembly Print 9006, an act to amend the 

 5   Executive Law.

 6                ACTING PRESIDENT CARLUCCI:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect one year after it shall 

10   have become a law.

11                ACTING PRESIDENT CARLUCCI:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT CARLUCCI:    

15   Announce the result.

16                We're on Calendar Number 1470.  

17   Announce the result.

18                THE SECRETARY:   Ayes, 58.

19                ACTING PRESIDENT CARLUCCI:   The 

20   bill is passed.

21                THE SECRETARY:   Senator Maziarz 

22   moves to discharge, from the Committee on Local 

23   Government, Assembly Bill Number 5308C and 

24   substitute it for the identical Senate Bill 

25   6811, Third Reading Calendar 1471.


                                                               4239

 1                ACTING PRESIDENT CARLUCCI:    

 2   Substitution ordered.  

 3                The Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   1471, by Member of the Assembly Otis, Assembly 

 6   Print 5308C, an act to amend the General 

 7   Business Law.

 8                ACTING PRESIDENT CARLUCCI:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the 180th day.

12                ACTING PRESIDENT CARLUCCI:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT CARLUCCI:    

16   Announce the result.

17                THE SECRETARY:   Ayes, 56.  Nays, 

18   2.  Senators Little and Zeldin recorded in the 

19   negative.

20                ACTING PRESIDENT CARLUCCI:   The 

21   bill is passed.

22                THE SECRETARY:   Senator Seward 

23   moves to discharge, from the Committee on 

24   Transportation, Assembly Bill Number 9618A and 

25   substitute it for the identical Senate Bill 


                                                               4240

 1   Number 6825A, Third Reading Calendar 1472.

 2                ACTING PRESIDENT CARLUCCI:    

 3   Substitution ordered.

 4                The Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   1472, by Member of the Assembly Lifton, Assembly 

 7   Print 9618A, an act to amend the Vehicle and 

 8   Traffic Law.

 9                ACTING PRESIDENT CARLUCCI:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT CARLUCCI:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT CARLUCCI:    

17   Announce the result.

18                THE SECRETARY:   Ayes, 55.  Nays, 

19   3.  Senators Hoylman, Perkins and Squadron 

20   recorded in the negative.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                THE SECRETARY:   Senator Lanza 

24   moves to discharge, from the Committee on 

25   Consumer Protection, Assembly Bill Number 9396B 


                                                               4241

 1   and substitute it for the identical Senate Bill 

 2   7173B, Third Reading Calendar 1473.

 3                ACTING PRESIDENT CARLUCCI:    

 4   Substitution ordered.

 5                The Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   1473, by Member of the Assembly O'Donnell, 

 8   Assembly Print Number 9396B, an act to amend the 

 9   General Business Law.

10                ACTING PRESIDENT CARLUCCI:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT CARLUCCI:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT CARLUCCI:    

18   Announce the result.

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT CARLUCCI:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   1474, by Senator Nozzolio, Senate Print 7267, an 

24   act relating to part-time police officer.

25                ACTING PRESIDENT CARLUCCI:   There 


                                                               4242

 1   is a home-rule message at the desk.

 2                The Secretary will read the last 

 3   section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT CARLUCCI:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT CARLUCCI:    

10   Announce the result.

11                THE SECRETARY:   Ayes, 58.

12                ACTING PRESIDENT CARLUCCI:   The 

13   bill is passed.

14                THE SECRETARY:   Senator 

15   Ranzenhofer moves to discharge, from the 

16   Committee on Corporations, Authorities and 

17   Commissions, Assembly Bill Number 9599 and 

18   substitute it for the identical Senate Bill 

19   7340, Third Reading Calendar 1475.

20                ACTING PRESIDENT CARLUCCI:    

21   Substitution ordered.

22                The Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   1475, by Member of the Assembly Brennan, 

25   Assembly Print 9599, an act to amend Chapter 549 


                                                               4243

 1   of the Laws of 2013.

 2                ACTING PRESIDENT CARLUCCI:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT CARLUCCI:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT CARLUCCI:    

10   Announce the result.

11                THE SECRETARY:   Ayes, 58.

12                ACTING PRESIDENT CARLUCCI:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   1476, by Senator Valesky, Senate Print 7382, an 

16   act in relation.

17                ACTING PRESIDENT CARLUCCI:   Read 

18   the last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT CARLUCCI:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT CARLUCCI:    

25   Announce the result.


                                                               4244

 1                THE SECRETARY:   Ayes, 58.

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1477, by Senator LaValle, Senate Print 7399, an 

 6   act to authorize.

 7                ACTING PRESIDENT CARLUCCI:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT CARLUCCI:   Call 

12   the roll.

13                (The Secretary called the roll.) 

14                ACTING PRESIDENT CARLUCCI:    

15   Announce the result.

16                THE SECRETARY:   Ayes, 57.  Nays, 

17   1.  Senator Gipson recorded in the negative.

18                ACTING PRESIDENT CARLUCCI:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   1478, by Senator Hannon, Senate Print 7478A, an 

22   act to amend the Public Health Law.

23                ACTING PRESIDENT CARLUCCI:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4245

 1   act shall take effect on the 120th day.

 2                ACTING PRESIDENT CARLUCCI:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT CARLUCCI:    

 6   Announce the result.

 7                THE SECRETARY:   Ayes, 58.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   1479, by Senator Valesky, Senate Print 7745, an 

12   act creating.

13                ACTING PRESIDENT CARLUCCI:   Read 

14   the last section.

15                THE SECRETARY:   Section 13.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT CARLUCCI:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT CARLUCCI:    

21   Announce the result.

22                THE SECRETARY:   Ayes, 58.

23                ACTING PRESIDENT CARLUCCI:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               4246

 1   1480, by Senator Ranzenhofer, Senate Print 7762, 

 2   an act relating to authorizing.

 3                ACTING PRESIDENT CARLUCCI:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT CARLUCCI:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT CARLUCCI:    

11   Announce the result.

12                THE SECRETARY:   Ayes, 58.

13                ACTING PRESIDENT CARLUCCI:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   1481, by Senator Ranzenhofer, Senate Print 

17   7799A, an act to amend Chapter 549 of the Laws 

18   of 2013.

19                ACTING PRESIDENT CARLUCCI:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT CARLUCCI:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               4247

 1                ACTING PRESIDENT CARLUCCI:    

 2   Announce the result.

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   bill is passed.

 6                Senator Libous, that completes the 

 7   reading of Senate Supplemental Calendar 51B.

 8                SENATOR LIBOUS:   Mr. President, at 

 9   this time we'll stand at ease.

10                ACTING PRESIDENT CARLUCCI:   The 

11   Senate will stand at ease.

12                (Whereupon, the Senate stood at 

13   ease at 4:18 p.m.)

14                (Whereupon, the Senate reconvened 

15   at 5:20 p.m.)

16                SENATOR LIBOUS:   Mr. President.  

17                ACTING PRESIDENT CARLUCCI:   The 

18   Senate will come to order.

19                Senator Libous.

20                SENATOR LIBOUS:   Could we go to 

21   motions for a minute.

22                ACTING PRESIDENT CARLUCCI:    

23   Motions and resolutions.

24                SENATOR LIBOUS:   On behalf of 

25   Senator Ball, I wish to call up his bill, 


                                                               4248

 1   Senate Print 5974, recalled from the Assembly, 

 2   which is now at the desk.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   351, by Senator Ball, Senate Print 5974, an act 

 7   to amend the Highway Law.

 8                SENATOR LIBOUS:   I now move to 

 9   reconsider the vote by which this bill was 

10   passed.

11                ACTING PRESIDENT CARLUCCI:   Call 

12   the roll on reconsideration.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 58.

15                SENATOR LIBOUS:   I offer up the 

16   following amendments.

17                ACTING PRESIDENT CARLUCCI:   The 

18   amendments are accepted.

19                SENATOR LIBOUS:   Mr. President, on 

20   Supplemental Calendar 51A, Calendar Number 1440 

21   was laid aside for the day.  With unanimous 

22   consent, I'd like to bring that back for a 

23   consent calendar and have it read and acted on.

24                ACTING PRESIDENT CARLUCCI:   By 

25   unanimous consent, the Secretary will read 


                                                               4249

 1   Calendar 1440.

 2                THE SECRETARY:   Calendar Number 

 3   1440, by Senator Libous, Senate Print 5986B, an 

 4   act to amend Chapter 56 of the Laws of 2012.

 5                ACTING PRESIDENT CARLUCCI:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 5.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT CARLUCCI:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT CARLUCCI:    

13   Senator Libous to explain his vote.

14                SENATOR LIBOUS:   Mr. President, a 

15   question was asked of me that on this 

16   legislation if indeed there would be changes in 

17   placements in the community settings, if that 

18   would also mean that additional people would be 

19   backfilling in the facilities.  

20                And I don't believe that is the 

21   case.  I think the overall design here is to 

22   place people with consent into the community 

23   when there are proper community placements 

24   available.  

25                I vote aye.


                                                               4250

 1                ACTING PRESIDENT CARLUCCI:    thank 

 2   you, Senator.  

 3                Senator Libous to be recorded in 

 4   the affirmative.

 5                The Secretary will announce the 

 6   results.

 7                THE SECRETARY:   Ayes, 58.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                SENATOR LIBOUS:   Mr. President, is 

11   there any business before the Senate, any 

12   further business at the desk?  

13                ACTING PRESIDENT CARLUCCI:    

14   Senator Libous, there is no further business at 

15   the desk.

16                SENATOR LIBOUS:   Mr. President, 

17   there being no further business, I move that the 

18   Senate adjourn until tomorrow, Wednesday, 

19   June 18th, at 10:30 a.m.

20                ACTING PRESIDENT CARLUCCI:   On 

21   motion, the Senate stands adjourned until 

22   tomorrow, Wednesday, June 18th, at 10:30 a.m.

23                (Whereupon, at 5:23 p.m., the 

24   Senate adjourned.)

25