Regular Session - June 6, 2011

                                                                   3704

 1              NEW YORK STATE SENATE

 2                        

 3                        

 4             THE STENOGRAPHIC RECORD

 5                        

 6                        

 7                        

 8                        

 9                ALBANY, NEW YORK

10                  June 6, 2011

11                    2:19 p.m.

12                        

13                        

14                 REGULAR SESSION

15  

16  

17  

18  SENATOR THOMAS F. O'MARA, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               3705

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

 2                ACTING PRESIDENT O'MARA:   The 

 3   Senate will come to order.  

 4                I ask everyone present to rise 

 5   and recite with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage 

 7   recited the Pledge of Allegiance to the 

 8   Flag.)

 9                ACTING PRESIDENT O'MARA:   We're 

10   joined today by the Reverend Peter G. Young, 

11   of the Mother Teresa Community here in 

12   Albany.

13                Reverend?

14                REVEREND YOUNG:   Thank you, 

15   Senator.

16                As we prepare for the barbecue 

17   season, we know, O, God, You never fail to 

18   provide us with our dedicated people.  Our 

19   Senators are an example.  

20                May God pour forth His blessings 

21   on our legislators and provide them a spirit 

22   of courage to accept the many demands of 

23   their elected office.  

24                As Senators we report on this 

25   day when the session bell rings and calls us 

                                                               3706

 1   to hear one another for the benefit of our 

 2   New York State constituents.  

 3                This invocation calls us to be 

 4   true to our best at what we can do so that we 

 5   will be able to be that responsible person 

 6   for the position that we hold.  We need to 

 7   heed the call of our own heart with 

 8   compassion and with equity.  

 9                Amen.

10                ACTING PRESIDENT O'MARA:   Thank 

11   you, Reverend.  

12                Reading of the Journal.

13                THE SECRETARY:   In Senate, 

14   Sunday, June 5th, the Senate met pursuant to 

15   adjournment.  The Journal of Saturday, 

16   June 4th, was read and approved.  On motion, 

17   Senate adjourned.

18                ACTING PRESIDENT O'MARA:   

19   Without objection, the Journal stands 

20   approved as read.

21                Can we have some order, please, 

22   so we can get moving.

23                Presentation of petitions.  

24                Messages from the Assembly.

25                Messages from the Governor.

                                                               3707

 1                Reports of standing committees.  

 2                Reports of select committees.  

 3                Communications and reports from 

 4   state officers.

 5                Motions and resolutions.

 6                Senator Libous.

 7                SENATOR LIBOUS:   Thank you, 

 8   Mr. President.

 9                At this time Senator Griffo has a 

10   privileged resolution at the desk.  May we have 

11   it read in its entirety and then please call on 

12   Senator Griffo.

13                ACTING PRESIDENT O'MARA:   The 

14   Secretary will read.

15                THE SECRETARY:   Legislative 

16   resolution by Senator Griffo, honoring Chazz 

17   Palminteri for his commitment to preserving 

18   Italian-American heritage.

19                "WHEREAS, It is the sense of this 

20   Legislative Body to pay tribute to those 

21   individuals of true purpose and worthy 

22   accomplishment that provide opportunities to 

23   celebrate their rich ethnic flavor and which 

24   strive to preserve their cultural heritage; and 

25                "WHEREAS, Attendant to such concern, 

                                                               3708

 1   and in full accord with its long-standing 

 2   traditions, this Legislative Body is justly proud 

 3   to honor Chazz Palminteri for his commitment to 

 4   preserving Italian-American heritage, to be 

 5   observed at the Italian-American Day celebration 

 6   in Albany, New York, on Monday, June 6, 2011; and 

 7                "WHEREAS, Born on May 15, 1952, in 

 8   the Bronx, New York, Calogero Lorenzo Palminteri 

 9   known as Chazz, grew up in a rough neighborhood 

10   which taught him vital life lessons that would 

11   later prove very useful in pursuing his passion 

12   and lifework; and 

13                "WHEREAS, After graduating from 

14   Theodore Roosevelt High School, Chazz Palminteri 

15   went on to foster his craft of writing, acting 

16   and directing, and in 1973, studied with Lee 

17   Strasberg at the Actors Studio; and 

18                "WHEREAS, Due to the negative 

19   stereotypes of the wise guys and hoodlums of the 

20   Italian-American community, Chazz Palminteri, 

21   through his dedication and hard work, has 

22   attempted to shed light on the accomplishments of 

23   his true hero, the working man, the glue that 

24   holds together all the Italian-American 

25   communities throughout the country; and 

                                                               3709

 1                "WHEREAS, Chazz Palminteri has been 

 2   a natural choice to continue the Italianate torch 

 3   in film, bringing true grit, muscle, and an 

 4   evocative realism to the sidewalks of his 

 5   New York neighborhood; and 

 6                "WHEREAS, Well known for 'A Bronx 

 7   Tale,' Chazz Palminteri originally wrote the 

 8   semi-autobiographical script for the stage, and 

 9   in 1988 performed the masterpiece as a one-man 

10   show in Los Angeles, in which he played 18 

11   different roles, before moving the production to 

12   New York.  This outstanding performance earned 

13   him nominations for the New York Outer Critics 

14   Circle for both acting and writing; and 

15                "WHEREAS, While in New York, Chazz 

16   Palminteri completed the screenplay of 'A Bronx 

17   Tale' and in 1993 found himself starring opposite 

18   Robert DeNiro in the film, who chose the script 

19   for his directorial debut; and 

20                "WHEREAS, Extremely talented and 

21   multifaceted, Chazz Palminteri has given 

22   acclaimed performances in film, television, and 

23   on stage, portraying both dramatic and comedic 

24   roles.  He has also voiced characters in various 

25   animated films, and has written as well as 

                                                               3710

 1   directed, while always remaining true to his 

 2   proud Italian-American heritage; and 

 3                "WHEREAS, The recipient of numerous 

 4   awards and accolades, Chazz Palminteri received 

 5   the 1996 Leadership in Entertainment Award from 

 6   the Coalition of Italo-American Associations, 

 7   Inc., and was honored by President Clinton with a 

 8   Special Achievement Award for the Performing Arts 

 9   from the National Italian-American Foundation in 

10   Washington, D.C.; and 

11                "WHEREAS, Chazz Palminteri earned 

12   high praise and an Academy Award nomination for 

13   his performance in 'Bullets Over Broadway,' in 

14   which he portrayed a gangster with unexpected 

15   dramaturgical gifts.  This earned him an 

16   Independent Spirit Award for Best Supporting 

17   Actor, as well as nominations for a Screen Actors 

18   Guild Award and an American Comedy Award; and 

19                "WHEREAS, In addition, Chazz 

20   Palminteri is the national spokesperson for the 

21   Cooley's Anemia Foundation, leading the fight in 

22   finding a cure for thalassemia; and 

23                "WHEREAS, With him throughout have 

24   been his wife, Gianna, and their two children, 

25   Dante Lorenzo and Gabriella Rose, all of whom 

                                                               3711

 1   feel privileged to be part of his life and 

 2   rejoice in his achievements; and 

 3                "WHEREAS, It is the sense of this 

 4   Legislative Body, in keeping with its 

 5   time-honored traditions, to recognize and pay 

 6   tribute to those individuals who foster ethnic 

 7   pride and enhance the profile of cultural 

 8   diversity which strengthens the fabric of the 

 9   communities of New York State; now, therefore, be 

10   it 

11                "RESOLVED, That this Legislative 

12   Body pause in its deliberations to honor Chazz 

13   Palminteri for his commitment to preserving 

14   Italian-American heritage; and be it further 

15                "RESOLVED, That copies of this 

16   resolution, suitably engrossed, be transmitted to 

17   Chazz Palminteri."

18                ACTING PRESIDENT O'MARA:   Senator 

19   Griffo.

20                SENATOR GRIFFO:   Thank you, 

21   Mr. President.

22                We are indeed honored to have to 

23   have with us Calogero Lorenzo Palminteri, Chazz 

24   Palminteri.  Chazz's family originally comes from 

25   Sicily, and he was born in the Bronx.  He's a 

                                                               3712

 1   great American success story, as you heard in the 

 2   resolution talking about what he has accomplished 

 3   in his life.  

 4                He is a truly remarkable 

 5   individual -- I've had an opportunity to meet 

 6   with him -- not only because of what he has done 

 7   with his talents and his skills to be such a 

 8   renowned actor and recognized accordingly, but 

 9   also what he's done in ways that he's contributed 

10   back to his community -- to the City of New York, 

11   to the State of New York, and also to the 

12   Italian-American community, which I know many 

13   Italian-Americans are very proud.  

14                As you heard, he got a big break 

15   when Robert DeNiro recognized some great talent 

16   and saw him off-Broadway.  And as a result, when 

17   they saw him performing "A Bronx Tale," this was 

18   when Robert DeNiro made him an offer with a 

19   handshake, I think.  And that is truly remarkable 

20   and says a lot about the individuals that we're 

21   talking about here, both Robert DeNiro and Chazz 

22   Palminteri.  

23                He's had an enormously successful 

24   career that's spanned every landmark and 

25   achievement.  He's appeared off-Broadway, on 

                                                               3713

 1   Broadway, television, movies.  He has really 

 2   covered all genres and really appealed to so many 

 3   people, including comedy as well as drama.  

 4                And there are times, Chazz, when 

 5   people may look at the Capitol and wonder whether 

 6   or not we can do a story about Albany and the 

 7   State of New York too.  So maybe someday if you 

 8   get into directing you may want to consider that.

 9                But this is a really remarkable 

10   career.  And as I said, I'm so pleased that he 

11   was able to join us tonight.  He will be 

12   recognized at the Festa Italiana tonight as well 

13   as in the Assembly Chamber later.  

14                And I think his life and career 

15   epitomize the American dream -- with hard work 

16   and talent, you can achieve great success.  

17                And I want to thank you for honoring 

18   us with your presence here today, Chazz, and 

19   those who are with you.  I want to congratulate 

20   you and your beautiful wife, Gianna, and your 

21   children.  Twenty years of marriage, God bless 

22   you -- many more.  

23                So I present to the body today Chazz 

24   Palminteri, and thank you for being with us.

25                (Standing ovation.)  

                                                               3714

 1                ACTING PRESIDENT O'MARA:   The 

 2   question is on the resolution.  All those in 

 3   favor signify by saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT O'MARA:   Opposed, 

 6   nay.

 7                (No response.)

 8                ACTING PRESIDENT O'MARA:   The 

 9   resolution is adopted.  

10                Congratulations, Mr. Palminteri.  

11   Welcome to the New York State Senate today.  It's 

12   a pleasure to have you with us here.  We extend 

13   the courtesies of the house to you this 

14   afternoon.  Thank you.

15                Senator Marcellino.

16                SENATOR MARCELLINO:   Thank you, 

17   Mr. President.  

18                And on behalf of Senator Griffo, 

19   we'd like to open the resolution for 

20   cosponsorship.  As is our usual custom, anyone 

21   wishing not to be on the resolution please notify 

22   the desk.  

23                ACTING PRESIDENT O'MARA:   Thank 

24   you, Senator Marcellino.  The resolution will be 

25   left open for all members.  Anyone not wishing to 

                                                               3715

 1   be on the resolution please see the desk.

 2                Senator Marcellino.

 3                SENATOR MARCELLINO:   Mr. President, 

 4   there are two more resolutions at the desk, I 

 5   believe, by Senator Griffo.  And we would like to 

 6   have the titles read and move for their immediate 

 7   adoption.

 8                ACTING PRESIDENT O'MARA:   The 

 9   Secretary will read.

10                THE SECRETARY:   Legislative 

11   Resolution Number 2212, by Senator Griffo, 

12   commemorating the 150th Anniversary of the 

13   Unification of Italy.  

14                And Legislative Resolution Number 

15   2213, by Senator Griffo, memorializing Governor 

16   Andrew M. Cuomo to proclaim June 2, 2011, as 

17   Italian-American Day in New York State.

18                ACTING PRESIDENT O'MARA:   The 

19   question is on the resolutions.  All in favor 

20   signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT O'MARA:   Opposed, 

23   nay.

24                (No response.)

25                ACTING PRESIDENT O'MARA:   The 

                                                               3716

 1   resolutions are adopted.

 2                The Secretary will read the next 

 3   resolution.

 4                THE SECRETARY:   Legislative 

 5   resolution by Senator Sampson, memorializing 

 6   Governor Andrew M. Cuomo to proclaim June 13-19, 

 7   2011, as Men's Health Awareness Week in the State 

 8   of New York.

 9                ACTING PRESIDENT O'MARA:   The 

10   question is on the resolution. All in favor 

11   signify by saying aye.

12                (Response of "Aye.")

13                ACTING PRESIDENT O'MARA:   Opposed, 

14   nay.

15                (No response.)

16                ACTING PRESIDENT O'MARA:   The 

17   resolution is adopted.

18                SENATOR SQUADRON:   Mr. President.

19                SENATOR MARCELLINO:   Mr. President, 

20   would you recognize Senator Squadron.  

21                And before we do that, I was remiss, 

22   but the previous two resolutions by Senator 

23   Griffo and the resolution by Senator Sampson we 

24   would like to open also up for cosponsorship.  

25   And as the policy is, anyone wishing not to be on 

                                                               3717

 1   the resolutions please notify the desk.

 2                Senator Squadron.

 3                ACTING PRESIDENT O'MARA:   Senator 

 4   Squadron.

 5                SENATOR SQUADRON:   Thank you, 

 6   Mr. President.  

 7                On behalf of Senator Avella, I wish 

 8   to call up Senate Print Number 4838, recalled 

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

10                ACTING PRESIDENT O'MARA:   The 

11   Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   676, by Senator Avella, Senate Print 4838, an act 

14   to amend Chapter 709 of the Laws of 2005.

15                SENATOR SQUADRON:   Mr. President, I 

16   move to reconsider the vote by which this bill 

17   was passed.

18                ACTING PRESIDENT O'MARA:   Call the 

19   roll on reconsideration.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 44.

22                ACTING PRESIDENT O'MARA:   The bill 

23   is restored to its place on the Third Reading 

24   Calendar.  

25                SENATOR SQUADRON:   Mr. President, I 

                                                               3718

 1   now offer the following amendments.

 2                ACTING PRESIDENT O'MARA:   

 3   Amendments received.

 4                SENATOR SQUADRON:  On behalf of 

 5   Senator Montgomery, on page 40 I offer the 

 6   following amendments to Calendar Number 573, 

 7   Senate Print 372, and ask that the bill retain 

 8   its place on the Third Reading Calendar. 

 9                ACTING PRESIDENT O'MARA:   The 

10   amendments are received and adopted, and the bill 

11   will retain its place on the Third Reading 

12   Calendar.

13                SENATOR SQUADRON:   Thank you.  

14                On behalf of Senator Oppenheimer, on 

15   page 23 I offer the following amendments to 

16   Calendar Number 254, Print Number 3482, and ask 

17   that the bill retain its place on the Third 

18   Reading Calendar.

19                ACTING PRESIDENT O'MARA:   The 

20   amendments are received and adopted, and the bill 

21   will retain its place on the Third Reading 

22   Calendar.

23                SENATOR SQUADRON:   On behalf of 

24   Senator Gianaris, on page 25, I offer the 

25   following amendments to Calendar Number 307, 

                                                               3719

 1   Print Number 2510, and ask that the bill retain 

 2   its place on the Third Reading Calendar.

 3                ACTING PRESIDENT O'MARA:   The 

 4   amendments are received and adopted, and the bill 

 5   will retain its place on the Third Reading 

 6   Calendar.

 7                Senator Marcellino.

 8                SENATOR MARCELLINO:   Yes, 

 9   Mr. President.  Would you recognize Senator 

10   Valesky.

11                ACTING PRESIDENT O'MARA:   Senator 

12   Valesky.

13                SENATOR VALESKY:   Thank you, 

14   Mr. President.

15                On behalf of Senator Klein, on 

16   page 62 I offer the following amendments to 

17   Calendar Number 852, Senate Print 3414, and ask 

18   that said bill retain its place on the Third 

19   Reading Calendar.

20                ACTING PRESIDENT O'MARA:   The 

21   amendments are received and adopted, and the bill 

22   will retain its place on the Third Reading 

23   Calendar.

24                Senator Marcellino.

25                SENATOR MARCELLINO:   Yes, 

                                                               3720

 1   Mr. President.  I wish to call up Senator 

 2   Griffo's bill, Print Number 4521, recalled from 

 3   the Assembly, which is now at the desk.

 4                ACTING PRESIDENT O'MARA:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   547, by Senator Griffo, Senate Print 4521, an act 

 8   to amend the Public Authorities Law.

 9                SENATOR MARCELLINO:   Mr. President, 

10   I now move to reconsider the vote by which this 

11   bill was passed.

12                ACTING PRESIDENT O'MARA:   Call the 

13   roll on reconsideration.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 53.

16                SENATOR MARCELLINO:   Mr. President, 

17   I now offer the following amendments.

18                ACTING PRESIDENT O'MARA:   

19   Amendments accepted.

20                SENATOR MARCELLINO:  Mr. President, 

21   on behalf of Senator Maziarz, I move to amend 

22   Senate Bill Number 3755A by striking out the 

23   amendments made on March 24th and restoring it to 

24   its original Print Number, 3755.

25                ACTING PRESIDENT O'MARA:   So 

                                                               3721

 1   ordered.

 2                SENATOR MARCELLINO:   Mr. President, 

 3   I would now like to offer quite a few amendments 

 4   to several different bills.  Amendments are 

 5   offered to the following Third Reading Calendar 

 6   bills:

 7                On behalf of Senator LaValle, on 

 8   page number 18, Calendar Number 127, Senate Print 

 9   Number 2911.  

10                ACTING PRESIDENT O'MARA:   Can we 

11   have some order, please.

12                SENATOR MARCELLINO:   On behalf of 

13   Senator Maziarz, page number 18, Calendar Number 

14   132, Senate Print Number 2913A.

15                On behalf of Senator Saland, 

16   page number 24, Calendar Number 292, Senate Print 

17   Number 4244A.  

18                On behalf of Senator Young, page 26, 

19   Calendar Number 341, Senate Print Number 2840.

20                On behalf of myself, Senator 

21   Marcellino, on page 26, Calendar Number 342, 

22   Senate Print Number 2887.

23                On behalf of Senator Marcellino, 

24   page 37, Calendar Number 522, Senate Print Number 

25   4622.

                                                               3722

 1                On behalf of Senator LaValle, 

 2   page number 37, Calendar Number 529, Senate Print 

 3   Number 1856.

 4                On behalf of Senator Ball, page 

 5   number 38, Calendar Number 541, Senate Print 

 6   Number 4554A.

 7                On behalf of Senator Maziarz, 

 8   page number 40, Calendar Number 576, Senate Print 

 9   Number 519A.

10                On behalf of Senator Gallivan, 

11   page number 41, Calendar Number 597, Senate Print 

12   Number 4830.

13                On behalf of Senator Hannon, 

14   page 41, Calendar Number 598, Senate Print Number 

15   4991A.

16                On behalf of Senator Maziarz, 

17   page number 47, Calendar Number 672, Senate Print 

18   Number 4253.

19                On behalf of Senator Marcellino, 

20   page number 58, Calendar Number 812, Senate Print 

21   Number 2914.

22                On behalf of Senator O'Mara, page 

23   number 64, Calendar Number 874, Senate Print 

24   Number 4857.

25                On behalf of Senator Hannon, page 

                                                               3723

 1   number 24, Calendar Number 280, Senate Print 

 2   Number 3953A.

 3                On behalf of Senator Fuschillo, 

 4   page number 42, Calendar Number 607, Senate Print 

 5   Number 5234.

 6                On behalf of Senator Skelos, 

 7   page number 45, Calendar Number 644, Senate Print 

 8   Number 4893.

 9                On behalf of Senator Skelos, page 

10   number 45, Calendar Number 646, Senate Print 

11   Number 4941.

12                And last but not least, on behalf of 

13   Senator O'Mara, page number 47, Calendar Number 

14   674, Senate Print Number 4267.

15                Mr. President, I now move that these 

16   bills retain their place on the order of third 

17   reading.

18                ACTING PRESIDENT O'MARA:   Thank 

19   you, Senator.  All of the referenced bills' 

20   amendments are received and adopted, and the 

21   bills shall retain their place on the Third 

22   Reading Calendar.

23                SENATOR MARCELLINO:   Mr. President, 

24   with unanimous consent, would you recognize 

25   Senator Bonacic.

                                                               3724

 1                ACTING PRESIDENT O'MARA:   Without 

 2   objection, Senator Bonacic.

 3                SENATOR BONACIC:   Thank you, 

 4   Mr. President.

 5                We also have an honored guest 

 6   today.  Her name is Kayla Rivera.  She is Miss 

 7   Teen New York International.  And she will be 

 8   entered in an international beauty contest on 

 9   July 25th in Chicago representing the State of 

10   New York, coming from Jeffersonville, 

11   Sullivan County.  

12                She's with her parents, Heidi and 

13   Joe, and they're here behind me.  So please 

14   welcome them.  

15                Thank you very much, Mr. President.

16                ACTING PRESIDENT O'MARA:   Thank 

17   you, Senator.  

18                Welcome to the chamber today.  

19   Congratulations on your achievement, and 

20   represent us well in Chicago.  Our courtesies of 

21   the house are extended to you today.

22                (Applause.)

23                ACTING PRESIDENT O'MARA:   Senator 

24   Marcellino.

25                SENATOR MARCELLINO:   Yes, 

                                                               3725

 1   Mr. President.  Also, along the lines of our 

 2   theme tonight being the Italian Festa night, I 

 3   would like to recognize in our house today the 

 4   Italian Consul General, Francesco Talò.

 5                (Applause.)

 6                ACTING PRESIDENT O'MARA:   Welcome, 

 7   and thank you for being with us today in the 

 8   Senate.  We extend the courtesies of the house to 

 9   you, and enjoy your afternoon.

10                Senator Marcellino.

11                SENATOR MARCELLINO:   Mr. President, 

12   can we return to the order of messages from the 

13   Assembly for some substitutions.

14                ACTING PRESIDENT O'MARA:   Messages 

15   from the Assembly.

16                The Secretary will read.

17                THE SECRETARY:   On page 33, Senator 

18   Seward moves to discharge, from the Committee on 

19   Investigations and Government Operations, 

20   Assembly Bill Number 2802 and substitute it for 

21   the identical Senate Bill Number 1688, Third 

22   Reading Calendar 460.

23                ACTING PRESIDENT O'MARA:    

24   Substitution ordered.

25                THE SECRETARY:   On page 34, Senator 

                                                               3726

 1   Stewart-Cousins moves to discharge, from the 

 2   Committee on Investigations and Government 

 3   Operations, Assembly Bill Number 3059 and 

 4   substitute it for the identical Senate Bill 

 5   Number 2984, Third Reading Calendar 466.

 6                ACTING PRESIDENT O'MARA:    

 7   Substitution ordered.

 8                THE SECRETARY:   On page 34, Senator 

 9   Libous moves to discharge, from the Committee on 

10   Investigations and Government Operations, 

11   Assembly Bill Number 6546 and substitute it for 

12   the identical Senate Bill Number 3081, Third 

13   Reading Calendar 467.

14                ACTING PRESIDENT O'MARA:    

15   Substitution ordered.

16                THE SECRETARY:   On page 34, Senator 

17   O'Mara moves to discharge, from the Committee on 

18   Investigations and Government Operations, 

19   Assembly Bill Number 6494 and substitute it for 

20   the identical Senate Bill Number 4162, Third 

21   Reading Calendar 482.

22                ACTING PRESIDENT O'MARA:    

23   Substitution ordered.

24                THE SECRETARY:   On page 41, Senator 

25   DeFrancisco moves to discharge, from the 

                                                               3727

 1   Committee on Investigations and Government 

 2   Operations, Assembly Bill Number 6104 and 

 3   substitute it for the identical Senate Bill 

 4   Number 4638, Third Reading Calendar 592.

 5                ACTING PRESIDENT O'MARA:    

 6   Substitution ordered.

 7                THE SECRETARY:   On page 47, Senator 

 8   LaValle moves to discharge, from the Committee on 

 9   Environmental Conservation, Assembly Bill Number 

10   2439 and substitute it for the identical Senate 

11   Bill Number 2324, Third Reading Calendar 680.

12                ACTING PRESIDENT O'MARA:   

13   Substitution ordered.

14                THE SECRETARY:   On page 48, Senator 

15   Martins moves to discharge, from the Committee on 

16   Environmental Conservation, Assembly Bill Number 

17   6887 and substitute it for the identical Senate 

18   Bill Number 4964, Third Reading Calendar 687.

19                ACTING PRESIDENT O'MARA:  

20   Substitution ordered.

21                THE SECRETARY:   On page 48, Senator 

22   Martins moves to discharge, from the Committee on 

23   Environmental Conservation, Assembly Bill Number 

24   6961 and substitute it for the identical Senate 

25   Bill Number 4965, Third Reading Calendar 688.

                                                               3728

 1                ACTING PRESIDENT O'MARA:    

 2   Substitution ordered.

 3                THE SECRETARY:   On page 48, Senator 

 4   Grisanti moves to discharge, from the Committee 

 5   on Environmental Conservation, Assembly Bill 

 6   Number 6956 and substitute it for the identical 

 7   Senate Bill Number 4966, Third Reading Calendar 

 8   689.

 9                ACTING PRESIDENT O'MARA:    

10   Substitution ordered.

11                THE SECRETARY:   On page 48, Senator 

12   Grisanti moves to discharge, from the Committee 

13   on Environmental Conservation, Assembly Bill 

14   Number 6953 and substitute it for the identical 

15   Senate Bill Number 4967, Third Reading Calendar 

16   690.

17                ACTING PRESIDENT O'MARA:    

18   Substitution ordered.

19                THE SECRETARY:   On page 48, Senator 

20   Martins moves to discharge, from the Committee on 

21   Environmental Conservation, Assembly Bill Number 

22   6966 and substitute it for the identical Senate 

23   Bill Number 4968, Third Reading Calendar 691.

24                ACTING PRESIDENT O'MARA:    

25   Substitution ordered.

                                                               3729

 1                THE SECRETARY:   On page 48, Senator 

 2   Martins moves to discharge, from the Committee on 

 3   Environmental Conservation, Assembly Bill Number 

 4   6954 and substitute it for the identical Senate 

 5   Bill Number 4969, Third Reading Calendar 692.

 6                ACTING PRESIDENT O'MARA:    

 7   Substitution ordered.

 8                THE SECRETARY:   On page 49, Senator 

 9   Martins moves to discharge, from the Committee on 

10   Environmental Conservation, Assembly Bill Number 

11   6964 and substitute it for the identical Senate 

12   Bill Number 4970, Third Reading Calendar 693.

13                ACTING PRESIDENT O'MARA:    

14   Substitution ordered.

15                THE SECRETARY:   On page 49, Senator 

16   Martins moves to discharge, from the Committee on 

17   Environmental Conservation, Assembly Bill Number 

18   6965 and substitute it for the identical Senate 

19   Bill Number 4971, Third Reading Calendar 694.

20                ACTING PRESIDENT O'MARA:    

21   Substitution ordered.

22                THE SECRETARY:   On page 49, Senator 

23   Johnson moves to discharge, from the Committee on 

24   Environmental Conservation, Assembly Bill Number 

25   6949 and substitute it for the identical Senate 

                                                               3730

 1   Bill Number 4972, Third Reading Calendar 695.

 2                ACTING PRESIDENT O'MARA:    

 3   Substitution ordered.

 4                THE SECRETARY:   On page 49, Senator 

 5   Johnson moves to discharge, from the Committee on 

 6   Environmental Conservation, Assembly Bill Number 

 7   6883 and substitute it for the identical Senate 

 8   Bill Number 4973, Third Reading Calendar 696.

 9                ACTING PRESIDENT O'MARA:    

10   Substitution ordered.

11                THE SECRETARY:   On page 49, Senator 

12   Johnson moves to discharge, from the Committee on 

13   Environmental Conservation, Assembly Bill Number 

14   6963 and substitute it for the identical Senate 

15   Bill Number 4974, Third Reading Calendar 697.

16                ACTING PRESIDENT O'MARA:    

17   Substitution ordered.

18                THE SECRETARY:   On page 49, Senator 

19   Johnson moves to discharge, from the Committee on 

20   Environmental Conservation, Assembly Bill Number 

21   6946 and substitute it for the identical Senate 

22   Bill Number 4975, Third Reading Calendar 698.

23                ACTING PRESIDENT O'MARA:    

24   Substitution ordered.

25                THE SECRETARY:   On page 49, Senator 

                                                               3731

 1   Johnson moves to discharge, from the Committee on 

 2   Environmental Conservation, Assembly Bill Number 

 3   6885 and substitute it for the identical Senate 

 4   Bill Number 4976, Third Reading Calendar 699.

 5                ACTING PRESIDENT O'MARA:    

 6   Substitution ordered.

 7                THE SECRETARY:   On page 49, Senator 

 8   Johnson moves to discharge, from the Committee on 

 9   Environmental Conservation, Assembly Bill Number 

10   6960 and substitute it for the identical Senate 

11   Bill Number 4977, Third Reading Calendar 700.

12                ACTING PRESIDENT O'MARA:    

13   Substitution ordered.

14                THE SECRETARY:   On page 49, Senator 

15   Johnson moves to discharge, from the Committee on 

16   Environmental Conservation, Assembly Bill Number 

17   6886 and substitute it for the identical Senate 

18   Bill Number 4978, Third Reading Calendar 701.

19                ACTING PRESIDENT O'MARA:    

20   Substitution ordered.

21                THE SECRETARY:   On page 49, Senator 

22   Johnson moves to discharge, from the Committee on 

23   Environmental Conservation, Assembly Bill Number 

24   6950 and substitute it for the identical Senate 

25   Bill Number 4979, Third Reading Calendar 702.

                                                               3732

 1                ACTING PRESIDENT O'MARA:    

 2   Substitution ordered.

 3                THE SECRETARY:   On page 49, Senator 

 4   Johnson moves to discharge, from the Committee on 

 5   Environmental Conservation, Assembly Bill Number 

 6   6962 and substitute it for the identical Senate 

 7   Bill Number 4980, Third Reading Calendar 703.

 8                ACTING PRESIDENT O'MARA:    

 9   Substitution ordered.

10                THE SECRETARY:   On page 50, 

11   Senator Marcellino moves to discharge, from the 

12   Committee on Environmental Conservation, Assembly 

13   Bill Number 6955 and substitute it for the 

14   identical Senate Bill Number 4981, Third Reading 

15   Calendar 704.

16                ACTING PRESIDENT O'MARA:    

17   Substitution ordered.

18                THE SECRETARY:   On page 50, 

19   Senator Marcellino moves to discharge, from the 

20   Committee on Environmental Conservation, Assembly 

21   Bill Number 6951 and substitute it for the 

22   identical Senate Bill Number 4982, Third Reading 

23   Calendar 705.

24                ACTING PRESIDENT O'MARA:    

25   Substitution ordered.

                                                               3733

 1                THE SECRETARY:   On page 50, 

 2   Senator Marcellino moves to discharge, from the 

 3   Committee on Environmental Conservation, Assembly 

 4   Bill Number 6958 and substitute it for the 

 5   identical Senate Bill Number 4983, Third Reading 

 6   Calendar 706.

 7                ACTING PRESIDENT O'MARA:    

 8   Substitution ordered.

 9                THE SECRETARY:   On page 50, 

10   Senator Marcellino moves to discharge, from the 

11   Committee on Environmental Conservation, Assembly 

12   Bill Number 7211 and substitute it for the 

13   identical Senate Bill Number 4984, Third Reading 

14   Calendar 707.

15                ACTING PRESIDENT O'MARA:     

16   Substitution ordered.

17                THE SECRETARY:   On page 50, Senator 

18   Johnson moves to discharge, from the Committee on 

19   Environmental Conservation, Assembly Bill Number 

20   7631 and substitute it for the identical Senate 

21   Bill Number 5087, Third Reading Calendar 709.

22                ACTING PRESIDENT O'MARA:    

23   Substitution ordered.

24                THE SECRETARY:   On page 50, Senator 

25   Avella moves to discharge, from the Committee on 

                                                               3734

 1   Environmental Conservation, Assembly Bill Number 

 2   7150 and substitute it for the identical Senate 

 3   Bill Number 5134, Third Reading Calendar 713.

 4                ACTING PRESIDENT O'MARA:    

 5   Substitution ordered.

 6                THE SECRETARY:   On page 50, Senator 

 7   Zeldin moves to discharge, from the Committee on 

 8   Environmental Conservation, Assembly Bill Number 

 9   6952 and substitute it for the identical Senate 

10   Bill Number 5192, Third Reading Calendar 714.

11                ACTING PRESIDENT O'MARA:    

12   Substitution ordered.

13                THE SECRETARY:   On page 50, Senator 

14   Zeldin moves to discharge, from the Committee on 

15   Environmental Conservation, Assembly Bill Number 

16   6959 and substitute it for the identical Senate 

17   Bill Number 5193, Third Reading Calendar 715.

18                ACTING PRESIDENT O'MARA:    

19   Substitution ordered.

20                THE SECRETARY:   On page 50, Senator 

21   Zeldin moves to discharge, from the Committee on 

22   Environmental Conservation, Assembly Bill Number 

23   7078 and substitute it for the identical Senate 

24   Bill Number 5194, Third Reading Calendar 716.

25                ACTING PRESIDENT O'MARA:    

                                                               3735

 1   Substitution ordered.

 2                THE SECRETARY:   On page 50, Senator 

 3   Zeldin moves to discharge, from the Committee on 

 4   Environmental Conservation, Assembly Bill Number 

 5   6948 and substitute it for the identical Senate 

 6   Bill Number 5195, Third Reading Calendar 717.

 7                ACTING PRESIDENT O'MARA:    

 8   Substitution ordered.

 9                THE SECRETARY:   On page 51, Senator 

10   Grisanti moves to discharge, from the Committee 

11   on Environmental Conservation, Assembly Bill 

12   Number 7559A and substitute it for the identical 

13   Senate Bill Number 5332A, Third Reading Calendar 

14   720.

15                ACTING PRESIDENT O'MARA:    

16   Substitution ordered.

17                THE SECRETARY:   On page 59, Senator 

18   Smith moves to discharge, from the Committee on 

19   Transportation, Assembly Bill Number 2294 and 

20   substitute it for the identical Senate Bill 

21   Number 4456, Third Reading Calendar 817.

22                ACTING PRESIDENT O'MARA:    

23   Substitution ordered.

24                THE SECRETARY:   On page 60, Senator 

25   Gallivan moves to discharge, from the Committee 

                                                               3736

 1   on Consumer Protection, Assembly Bill Number 372 

 2   and substitute it for the identical Senate Bill 

 3   Number 3102, Third Reading Calendar 829.

 4                ACTING PRESIDENT O'MARA:    

 5   Substitution ordered.

 6                THE SECRETARY:   On page 60, Senator 

 7   Hannon moves to discharge, from the Committee on 

 8   Health, Assembly Bill Number 7517 and substitute 

 9   it for the identical Senate Bill Number 5405, 

10   Third Reading Calendar 831.

11                ACTING PRESIDENT O'MARA:    

12   Substitution ordered.

13                THE SECRETARY:   On page 64, Senator 

14   Ritchie moves to discharge, from the Committee on 

15   Corporations, Authorities and Commissions, 

16   Assembly Bill Number 3724 and substitute it for 

17   the identical Senate Bill Number 5225, Third 

18   Reading Calendar 869.

19                ACTING PRESIDENT O'MARA:    

20   Substitution ordered.

21                THE SECRETARY:   On page 64, Senator 

22   Ritchie moves to discharge, from the Committee on 

23   Local Government, Assembly Bill Number 5452 and 

24   substitute it for the identical Senate Bill 

25   Number 5163A, Third Reading Calendar 876.

                                                               3737

 1                ACTING PRESIDENT O'MARA:    

 2   Substitution ordered.

 3                Senator Marcellino.

 4                SENATOR MARCELLINO:   Thank you, 

 5   Mr. President.  

 6                May we now have the noncontroversial 

 7   reading of the calendar, please.

 8                ACTING PRESIDENT O'MARA:   The 

 9   Secretary will read.

10                THE SECRETARY:   Calendar Number 16, 

11   by Senator Seward, Senate Print 1683A, an act to 

12   amend the Environmental Conservation Law.

13                ACTING PRESIDENT O'MARA:   Read the 

14   last section.

15                THE SECRETARY:   Section 5.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT O'MARA:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   In relation to 

21   Calendar Number 16, those recorded in the 

22   negative are Senators Duane, Oppenheimer and 

23   Serrano.  

24                Ayes, 57.  Nays, 3.

25                ACTING PRESIDENT O'MARA:   The bill 

                                                               3738

 1   is passed.

 2                THE SECRETARY:   Calendar Number 84, 

 3   by Senator Fuschillo, Senate Print 594, an act to 

 4   amend the Public Health Law.

 5                ACTING PRESIDENT O'MARA:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT O'MARA:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 57.  Nays, 

13   3.  Senators Gianaris, Rivera and Sampson 

14   recorded in the negative.

15                ACTING PRESIDENT O'MARA:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   181, by Senator Dilan, Senate Print 1316, an act 

19   to amend the Vehicle and Traffic Law.

20                ACTING PRESIDENT O'MARA:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.

                                                               3739

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 60.

 3                ACTING PRESIDENT O'MARA:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   192, by Senator Perkins, Senate Print 3252B, an 

 7   act to authorize certain healthcare 

 8   professionals.

 9                ACTING PRESIDENT O'MARA:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT O'MARA:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT O'MARA:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   193, by Senator Hannon, Senate Print 3672, an act 

21   to amend the Public Health Law.

22                ACTING PRESIDENT O'MARA:   Read the 

23   last section.

24                THE SECRETARY:   Section 6.  This 

25   act shall take effect immediately.

                                                               3740

 1                ACTING PRESIDENT O'MARA:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT O'MARA:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   220, by Senator Espaillat, Senate Print 1880, an 

 9   act to amend the General Business Law.

10                ACTING PRESIDENT O'MARA:   Read the 

11   last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect on the 120th day.

14                ACTING PRESIDENT O'MARA:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 60.

18                ACTING PRESIDENT O'MARA:   The bill 

19   is passed.  

20                THE SECRETARY:   Calendar Number 

21   259, by Senator Young, Senate Print 791, an act 

22   to amend the Agriculture and Markets Law.

23                ACTING PRESIDENT O'MARA:   Read the 

24   last section.

25                THE SECRETARY:   Section 5.  This 

                                                               3741

 1   act shall take effect immediately.

 2                ACTING PRESIDENT O'MARA:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   In relation to 

 6   Calendar Number 259, those recorded in the 

 7   negative are Senators Avella, Duane, Espaillat, 

 8   Gianaris, L. Krueger, C. Kruger, LaValle, 

 9   Oppenheimer, Peralta, Perkins, Rivera, Serrano, 

10   Squadron, Stavisky and Stewart-Cousins.

11                Ayes, 45.  Nays, 15.

12                ACTING PRESIDENT O'MARA:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   310, by Senator Klein, Senate Print 3889A, an act 

16   to amend the Alcoholic Beverage Control Law.

17                ACTING PRESIDENT O'MARA:   Read the 

18   last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect on the 180th day.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT O'MARA:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT O'MARA:   Senator 

                                                               3742

 1   Klein to explain his vote.

 2                SENATOR KLEIN:   Thank you, 

 3   Mr. President.

 4                This legislation will effectively 

 5   ban the sale of caffeinated or stimulant-enhanced 

 6   alcoholic beverages in the New York.  

 7                Earlier in the year myself and the 

 8   chair of the State Liquor Authority worked out an 

 9   agreement with several of these companies that 

10   were manufacturing and selling in New York drinks 

11   that had high amounts of alcohol -- 12 percent 

12   alcohol, to be exact -- with very high amounts of 

13   caffeine, the equivalent of two cans of Red Bull 

14   and a cup of coffee.  

15                The FDA earlier in the year put down 

16   an opinion that said this was indeed a dangerous 

17   product.  This legislation merely codifies what 

18   the FDA is saying and prevents any other 

19   manufacturer from entering the New York market 

20   with this toxic brew.  

21                I vote yes.

22                ACTING PRESIDENT O'MARA:   Thank 

23   you, Senator Klein.

24                Announce the results.

25                THE SECRETARY:   Ayes, 60.

                                                               3743

 1                ACTING PRESIDENT O'MARA:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   317, by Senator Dilan, Senate Print 1348, an act 

 5   to amend the Vehicle and Traffic Law.

 6                ACTING PRESIDENT O'MARA:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 7.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT O'MARA:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT O'MARA:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   372, by Senator DeFrancisco, Senate Print 2860A, 

18   an act to amend the Navigation Law.

19                ACTING PRESIDENT O'MARA:   Read the 

20   last section.

21                THE SECRETARY:   Section 5.  This 

22   act shall take effect on the 120th day.

23                ACTING PRESIDENT O'MARA:   Call the 

24   roll.

25                (The Secretary called the roll.)

                                                               3744

 1                ACTING PRESIDENT O'MARA:   Senator 

 2   DeFrancisco to explain his vote.

 3                SENATOR DEFRANCISCO:   Yes, this 

 4   bill was brought about as a result of a series of 

 5   deaths in Onondaga County from boating 

 6   accidents.  

 7                One in particular was an accident 

 8   which resulted in the death of Tiffany Heitkamp.  

 9   And when the investigation was done of the person 

10   who actually ran into her boat, the boat she was 

11   in, in an intoxicated condition, it turned out 

12   that that individual had a previous driving a 

13   motor vehicle while intoxicated.  

14                The way the law is, until hopefully 

15   this bill becomes law, is that you can't use a 

16   prior alcohol-related offense as a predicate to 

17   increase the penalties of a different vehicle 

18   that you're driving in an intoxicated fashion.  

19   This would correct that.  

20                So in this case this driver of the 

21   boat who was intoxicated could have been charged 

22   with a much more serious charge as a second 

23   alcohol-related offense when he struck the boat 

24   that Tiffany Heitkamp was in and later died from 

25   injuries in the accident.

                                                               3745

 1                So hopefully we'll have full 

 2   support.  And I'm standing also to call to the 

 3   Assembly on the other side of this building to 

 4   get moving with the bill, because we don't have 

 5   much time left in session, and it's a good, 

 6   commonsense bill that will protect the general 

 7   public.

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT O'MARA:   Thank 

10   you, Senator DeFrancisco.

11                Announce the results.

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT O'MARA:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   389, by Senator Hannon, Senate Print 4376B, an 

17   act to amend the Public Health Law.

18                ACTING PRESIDENT O'MARA:   Read the 

19   last section.

20                THE SECRETARY:   Section 6.  This 

21   act shall take effect on the first of January.

22                ACTING PRESIDENT O'MARA:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.

                                                               3746

 1                ACTING PRESIDENT O'MARA:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   460, substituted earlier today by Member of the 

 5   Assembly Magee, Assembly Print 2802, an act to 

 6   amend the Tax Law.

 7                ACTING PRESIDENT O'MARA:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT O'MARA:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT O'MARA:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   465, by Senator Stewart-Cousins, Senate Print 

19   2983, an act to amend the Tax Law.

20                ACTING PRESIDENT O'MARA:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.

                                                               3747

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 60.

 3                ACTING PRESIDENT O'MARA:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   466, substituted earlier today by Member of the 

 7   Assembly Pretlow, Assembly Print Number 3059, an 

 8   act to amend the Tax Law and Chapter 535 of the 

 9   Laws of 1987.

10                ACTING PRESIDENT O'MARA:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT O'MARA:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 60.

18                ACTING PRESIDENT O'MARA:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   467, substituted earlier today by Member of the 

22   Assembly Lupardo, Assembly Print 6546, an act to 

23   amend the Tax Law.

24                ACTING PRESIDENT O'MARA:   Read the 

25   last section.

                                                               3748

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT O'MARA:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 60.

 7                ACTING PRESIDENT O'MARA:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   472, by Senator Farley, Senate Print 3769, an act 

11   to amend the Tax Law.

12                ACTING PRESIDENT O'MARA:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT O'MARA:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 60.

20                ACTING PRESIDENT O'MARA:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   474, by Senator Maziarz, Senate Print 3792, an 

24   act to amend the Tax Law.

25                ACTING PRESIDENT O'MARA:   Read the 

                                                               3749

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT O'MARA:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 59.  Nays, 1.  

 8   Senator Grisanti recorded in the negative.  

 9                ACTING PRESIDENT O'MARA:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   482, substituted earlier today by Member of the 

13   Assembly Lifton, Assembly Print Number 6494, an 

14   act to amend the Tax Law.

15                ACTING PRESIDENT O'MARA:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT O'MARA:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT O'MARA:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 

                                                               3750

 1   487, by Senator Johnson, Senate Print 4196, an 

 2   act to amend the Tax Law.

 3                ACTING PRESIDENT O'MARA:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT O'MARA:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT O'MARA:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   488, by Senator Oppenheimer, Senate Print 4216, 

15   an act to amend Chapter 272 of the Laws of 1991.

16                ACTING PRESIDENT O'MARA:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT O'MARA:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 60.

24                ACTING PRESIDENT O'MARA:   The bill 

25   is passed.

                                                               3751

 1                THE SECRETARY:   Calendar Number 

 2   491, by Senator McDonald, Senate Print 4445, an 

 3   act to amend the Tax Law.

 4                ACTING PRESIDENT O'MARA:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT O'MARA:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT O'MARA:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   498, by the Senate Committee on Rules, Senate 

16   Print 4573, an act to amend the Tax Law.

17                ACTING PRESIDENT O'MARA:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT O'MARA:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT O'MARA:   Senator 

25   Squadron to explain your vote.

                                                               3752

 1                SENATOR SQUADRON:   Mr. President, 

 2   we are going through a number of different tax 

 3   bills today.  We did a couple of weeks ago; we 

 4   will in a couple of weeks.  Unfortunately, some 

 5   of them don't have a Senate sponsor, or the 

 6   Senate sponsor is not an individual, wasn't 

 7   elected by any constituents.  

 8                So if the Senator who represents 

 9   Seneca County, if this is important, then it 

10   should be sponsored appropriately.  The idea of 

11   Senator Rules passing bills with no 

12   accountability, no constituents, is problematic.  

13   That's why I'm voting no on this bill and the 

14   subsequent Rules bills.  

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

16   voting no.

17                ACTING PRESIDENT O'MARA:   Senator 

18   Squadron will be recorded in the negative.

19                Senator Liz Krueger to explain your 

20   vote.

21                SENATOR LIZ KRUEGER:   Thank you.  

22                Ibid on what Senator Squadron said 

23   on this bill and all the other bills where no 

24   Senator is willing to put their name on a bill.

25                Thank you.  I'll be voting no.

                                                               3753

 1                ACTING PRESIDENT O'MARA:   Senator 

 2   Liz Krueger to be recorded in the negative.

 3                Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 498, those recorded in the 

 6   negative are Senators Espaillat, L. Krueger, 

 7   Peralta, Rivera, Squadron and Stavisky.

 8                Ayes, 54.  Nays, 6.

 9                ACTING PRESIDENT O'MARA:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   499, by the Senate Committee on Rules, Senate 

13   Print 4574, an act to amend the Tax Law.

14                ACTING PRESIDENT O'MARA:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT O'MARA:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   In relation to 

22   Calendar Number 499, those recorded in the 

23   negative are Senators Espaillat, L. Krueger, 

24   Peralta, Rivera, Squadron and Stavisky.          

25                Ayes, 54.  Nays, 6.  

                                                               3754

 1                ACTING PRESIDENT O'MARA:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   502, by Senator Saland, Senate Print 4650, an act 

 5   to amend the Tax Law.

 6                ACTING PRESIDENT O'MARA:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT O'MARA:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT O'MARA:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   505, by the Senate Committee on Rules, Senate 

18   Print 4771, an act to amend the Tax Law.

19                ACTING PRESIDENT O'MARA:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT O'MARA:   Call the 

24   roll.

25                (The Secretary called the roll.)

                                                               3755

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 505, those recorded in the 

 3   negative are Senators Espaillat, L. Krueger, 

 4   Peralta, Rivera, Squadron and Stavisky.

 5                Ayes, 54.  Nays, 6.

 6                ACTING PRESIDENT O'MARA:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   506, by Senator Young, Senate Print 4784, an act 

10   to amend the Tax Law.

11                ACTING PRESIDENT O'MARA:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT O'MARA:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 60.  

19                ACTING PRESIDENT O'MARA:   The bill 

20   is passed.  

21                THE SECRETARY:   Calendar Number 

22   507, by Senator Ranzenhofer, Senate Print 4791, 

23   an act to amend the Tax Law.

24                ACTING PRESIDENT O'MARA:   Read the 

25   last section.

                                                               3756

 1                THE SECRETARY:   Section 5.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT O'MARA:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.  Nays, 

 7   1.  Senator Grisanti recorded in the negative.

 8                ACTING PRESIDENT O'MARA:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   509, by the Senate Committee on Rules, Senate 

12   Print 4867, an act to amend the Tax Law.

13                ACTING PRESIDENT O'MARA:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT O'MARA:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   In relation to 

21   Calendar Number 509, those recorded in the 

22   negative are Senators Espaillat, L. Krueger, 

23   Rivera, Squadron and Stavisky.

24                Ayes, 55.  Nays, 5.

25                ACTING PRESIDENT O'MARA:   The bill 

                                                               3757

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   524, by Senator Hannon, Senate Print 4875B, an 

 4   act to amend Chapter 155 of the Laws of 1986.

 5                ACTING PRESIDENT O'MARA:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT O'MARA:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT O'MARA:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   554, by Senator Klein, Senate Print 4847, an act 

17   to amend the Insurance Law.

18                ACTING PRESIDENT O'MARA:   Read the 

19   last section.

20                THE SECRETARY:   Section 12.  This 

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

22   same manner.

23                ACTING PRESIDENT O'MARA:   Call the 

24   roll.

25                (The Secretary called the roll.)

                                                               3758

 1                ACTING PRESIDENT O'MARA:   Senator 

 2   Klein to explain your vote.

 3                SENATOR KLEIN:   Thank you, 

 4   Mr. President.

 5                The purpose of this legislation is 

 6   to reduce the incidence of auto insurance fraud, 

 7   which unfortunately is growing rapidly in the 

 8   State of New York.  

 9                Unfortunately, we're surrounded by 

10   other states where the automobile insurance is 

11   much cheaper.  We even found, through a report 

12   that was released, that one home in Pennsylvania 

13   had 23 individuals insured in that one home, thus 

14   using their car in New York but taking advantage 

15   of the lower insurance rate.

16                This legislation expands the 

17   authority of the new superintendent, enhances 

18   penalties, and at the end of the day will reward 

19   those who are playing by the rules in eventually 

20   lowering their insurance rates in New York.

21                I vote yes, Mr. President.

22                ACTING PRESIDENT O'MARA:   Senator 

23   Klein to be recorded in the affirmative.

24                Senator Carlucci to explain your 

25   vote.

                                                               3759

 1                SENATOR CARLUCCI:   Thank you, 

 2   Mr. President.  

 3                This bill will go a long way to help 

 4   people who willingly commit auto insurance fraud 

 5   in New York State to justice.  And this is a 

 6   great first step to start to drive down the cost 

 7   of our extremely high auto insurance premiums in 

 8   New York and really put money back into the 

 9   pockets of New Yorkers across this state.  

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

11   the affirmative.  Thank you.

12                ACTING PRESIDENT O'MARA:   Senator 

13   Carlucci will be recorded in the affirmative.

14                Announce the results.

15                THE SECRETARY:   In relation to 

16   Calendar Number 554:  Ayes, 59.  Nays, 1.  

17   Senator Duane recorded in the negative.  

18                ACTING PRESIDENT O'MARA:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   592, substituted earlier today by Member of the 

22   Assembly Magnarelli, Assembly Print 6104, an act 

23   to amend the Tax Law.

24                ACTING PRESIDENT O'MARA:   Read the 

25   last section.

                                                               3760

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                SENATOR SQUADRON:   Lay it aside.

 4                ACTING PRESIDENT O'MARA:   The bill 

 5   is laid aside.

 6                THE SECRETARY:   Calendar Number 

 7   599, by Senator Hannon, Senate Print 4992, an act 

 8   to amend the Public Health Law.

 9                ACTING PRESIDENT O'MARA:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the 180th day.

13                ACTING PRESIDENT O'MARA:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT O'MARA:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   613, by Senator Young, Senate Print 4358, an act 

21   to amend the General City Law.

22                ACTING PRESIDENT O'MARA:   Read the 

23   last section.

24                THE SECRETARY:   Section 10.  This 

25   act shall take effect on the first of July.

                                                               3761

 1                ACTING PRESIDENT O'MARA:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT O'MARA:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   680, substituted earlier today by Member of the 

 9   Assembly Englebright, Assembly Print Number 2439, 

10   an act to amend the Environmental Conservation 

11   Law.

12                ACTING PRESIDENT O'MARA:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the 90th day.

16                ACTING PRESIDENT O'MARA:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 60.

20                ACTING PRESIDENT O'MARA:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   687, substituted earlier today by Member of the 

24   Assembly Sweeney, Assembly Print Number 6887, an 

25   act to amend the Environmental Conservation Law.

                                                               3762

 1                ACTING PRESIDENT O'MARA:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT O'MARA:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT O'MARA:   Senator 

 9   LaValle to explain your vote.

10                SENATOR LaVALLE:   Mr. President, 

11   thank you very much.

12                There are -- beginning with this 

13   bill, Senator Martins' bill, there are in total 

14   28 bills that regulate, restrict the taking and 

15   management of varying fish.

16                Representing the First Senate 

17   District, where we once had an enormous 

18   commercial fishing fleet -- and that has really 

19   shrunk.  Commercial fishing has changed.  There 

20   are individuals who -- maybe one or two people 

21   that have a license and fish.  

22                Over the years we have, through the 

23   DEC, placed more regulations on what can be 

24   taken, when it can be taken, the size of the 

25   fish, and it goes on and on.  And when we talk 

                                                               3763

 1   about small businesses, our fishermen are small 

 2   businesses.  And we have put many out of 

 3   business.

 4                So I will, beginning with this bill 

 5   going down -- because I know many of my 

 6   colleagues will want to know why I will be voting 

 7   no on 28 separate bills, and the reason is it 

 8   kills the fishing industry on Eastern Long 

 9   Island.  I vote in the negative.

10                ACTING PRESIDENT O'MARA:   Senator 

11   LaValle to be recorded in the negative.

12                Announce the results.

13                THE SECRETARY:   Ayes, 59.  Nays, 

14   1.  Senator LaValle recorded in the negative.

15                ACTING PRESIDENT O'MARA:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   688, substituted earlier today by Member of the 

19   Assembly Titone, Assembly Print Number 6961, an 

20   act to amend the Environmental Conservation Law.

21                ACTING PRESIDENT O'MARA:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the same date as a 

25   chapter of the Laws of 2011.

                                                               3764

 1                ACTING PRESIDENT O'MARA:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.  Nays, 

 5   1.  Senator LaValle recorded in the negative

 6                ACTING PRESIDENT O'MARA:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   689, substituted earlier today by Member of the 

10   Assembly Peoples-Stokes, Assembly Print Number 

11   6956, an act to amend the Environmental 

12   Conservation Law.

13                ACTING PRESIDENT O'MARA:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT O'MARA:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 59.  Nays, 

21   1.  Senator LaValle recorded in the negative.

22                ACTING PRESIDENT O'MARA:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   690, substituted earlier today by Member of the 

                                                               3765

 1   Assembly Gunther, Assembly Print Number 6953, an 

 2   act to amend the Environmental Conservation Law.

 3                ACTING PRESIDENT O'MARA:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT O'MARA:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT O'MARA:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   691, substituted earlier today by Member of the 

15   Assembly Zebrowski, Assembly Print Number 6966, 

16   an act to amend the Environmental Conservation 

17   Law.

18                ACTING PRESIDENT O'MARA:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the same date as a 

22   chapter of the Laws of 2011.

23                ACTING PRESIDENT O'MARA:   Call the 

24   roll.

25                (The Secretary called the roll.)

                                                               3766

 1                THE SECRETARY:   Ayes, 59.  Nays, 

 2   1.  Senator LaValle recorded in the negative.

 3                ACTING PRESIDENT O'MARA:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   692, substituted earlier today by Member of the 

 7   Assembly Jaffee, Assembly Print Number 6954, an 

 8   act to amend the Environmental Conservation Law.

 9                ACTING PRESIDENT O'MARA:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the same date as a 

13   chapter of the Laws of 2011.

14                ACTING PRESIDENT O'MARA:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.  Nays, 

18   1.  Senator LaValle recorded in the negative.

19                ACTING PRESIDENT O'MARA:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   693, substituted earlier today by Member of the 

23   Assembly Zebrowski, Assembly Print Number 6964, 

24   an act to amend the Environmental Conservation 

25   Law.

                                                               3767

 1                ACTING PRESIDENT O'MARA:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the same date as a 

 5   chapter of the Laws of 2011.

 6                ACTING PRESIDENT O'MARA:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 59.  Nays, 

10   1.  Senator LaValle recorded in the negative.

11                ACTING PRESIDENT O'MARA:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   694, substituted earlier today by Member of the 

15   Assembly Zebrowski, Assembly Print Number 6965, 

16   an act to amend the Environmental Conservation 

17   Law.

18                ACTING PRESIDENT O'MARA:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the same date as a 

22   Chapter of the Laws of 2011.

23                ACTING PRESIDENT O'MARA:   Call the 

24   roll.

25                (The Secretary called the roll.)

                                                               3768

 1                THE SECRETARY:   Ayes, 59.  Nays, 

 2   1.  Senator LaValle recorded in the negative.

 3                ACTING PRESIDENT O'MARA:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   695, substituted earlier today by Member of the 

 7   Assembly Cymbrowitz, Assembly Print 6949, an act 

 8   to amend the Environmental Conservation Law.

 9                ACTING PRESIDENT O'MARA:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT O'MARA:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.  Nays, 

17   1.  Senator LaValle recorded in the negative.

18                ACTING PRESIDENT O'MARA:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   696, substituted earlier today by Member of the 

22   Assembly Sweeney, Assembly Print 6883, an act to 

23   amend the Environmental Conservation Law.

24                ACTING PRESIDENT O'MARA:   Read the 

25   last section.

                                                               3769

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT O'MARA:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.  Nays, 

 7   1.  Senator LaValle recorded in the negative.

 8                ACTING PRESIDENT O'MARA:   The bill 

 9   is passed.  

10                THE SECRETARY:   Calendar Number 

11   697, substituted earlier today by Member of the 

12   Assembly Weisenberg, Assembly Print Number 6963, 

13   an act to amend the Environmental Conservation 

14   Law.

15                ACTING PRESIDENT O'MARA:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT O'MARA:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 59.  Nays, 

23   1.  Senator LaValle recorded in the negative.

24                ACTING PRESIDENT O'MARA:   The bill 

25   is passed.

                                                               3770

 1                THE SECRETARY:   Calendar Number 

 2   698, substituted earlier today by Member of the 

 3   Assembly Colton, Assembly Print 6946, an act to 

 4   amend the Environmental Conservation Law.

 5                ACTING PRESIDENT O'MARA:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT O'MARA:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 59.  Nays, 

13   1.  Senator LaValle recorded in the negative.

14                ACTING PRESIDENT O'MARA:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   699, substituted earlier today by Member of the 

18   Assembly Sweeney, Assembly Print Number 6885, an 

19   act to amend the Environmental Conservation Law.

20                ACTING PRESIDENT O'MARA:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.

                                                               3771

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 59.  Nays, 

 3   1.  Senator LaValle recorded in the negative.

 4                ACTING PRESIDENT O'MARA:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   700, substituted earlier today by Member of the 

 8   Assembly Titone, Assembly Print Number 6960, an 

 9   act to amend the Environmental Conservation Law.

10                ACTING PRESIDENT O'MARA:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT O'MARA:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.  Nays, 

18   1.  Senator LaValle recorded in the negative.

19                ACTING PRESIDENT O'MARA:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   701, substituted earlier today by Member of the 

23   Assembly Sweeney, Assembly Print 6886, an act to 

24   amend the Environmental Conservation Law.

25                ACTING PRESIDENT O'MARA:   Read the 

                                                               3772

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT O'MARA:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 59.  Nays, 

 8   1.  Senator LaValle recorded in the negative.

 9                ACTING PRESIDENT O'MARA:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   702, substituted earlier today by Member of the 

13   Assembly Cymbrowitz, Assembly Print Number 6950, 

14   an act to amend the Environmental Conservation 

15   Law.

16                ACTING PRESIDENT O'MARA:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT O'MARA:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 59.  Nays, 

24   1.  Senator LaValle recorded in the negative.

25                ACTING PRESIDENT O'MARA:   The bill 

                                                               3773

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   703, substituted earlier today by Member of the 

 4   Assembly Weisenberg, Assembly Print Number 6962, 

 5   an act to amend the Environmental Conservation 

 6   Law.

 7                ACTING PRESIDENT O'MARA:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT O'MARA:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.  Nays, 

15   1.  Senator LaValle recorded in the negative.

16                ACTING PRESIDENT O'MARA:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   704, substituted earlier todayby Member of the 

20   Assembly Latimer, Assembly Print Number 6955, an 

21   act to amend the Environmental Conservation Law.

22                ACTING PRESIDENT O'MARA:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect on the same date as a 

                                                               3774

 1   Chapter of the Laws of 2011.

 2                ACTING PRESIDENT O'MARA:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.  Nays, 

 6   1.  Senator LaValle recorded in the negative.

 7                ACTING PRESIDENT O'MARA:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   705, substituted earlier today by Member of the 

11   Assembly Cymbrowitz, Assembly Print Number 6951, 

12   an act to amend the Environmental Conservation 

13   Law.

14                ACTING PRESIDENT O'MARA:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT O'MARA:   Call the 

19   rolled.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.  Nays, 

22   1.  Senator LaValle recorded in the negative.

23                ACTING PRESIDENT O'MARA:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 

                                                               3775

 1   706, substituted earlier today by Member of the 

 2   Assembly Simotas, Assembly Print 6958, an act to 

 3   amend the Environmental Conservation Law.

 4                ACTING PRESIDENT O'MARA:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT O'MARA:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 59.  Nays, 

12   1.  Senator LaValle recorded in the negative.  

13                ACTING PRESIDENT O'MARA:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   707, substituted earlier today by Member of the 

17   Assembly Jaffee, Assembly Print Number 7211, an 

18   act to amend the Environmental Conservation Law.

19                ACTING PRESIDENT O'MARA:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the same date as a 

23   chapter of the Laws of 2011.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.

                                                               3776

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 59.  Nays, 

 3   1.  Senator LaValle recorded in the negative.

 4                ACTING PRESIDENT O'MARA:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   708, by Senator Johnson, Senate Print 5086A, an 

 8   act to amend the Environmental Conservation Law.

 9                ACTING PRESIDENT O'MARA:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect December 31, 2011.

13                ACTING PRESIDENT O'MARA:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.  Nays, 

17   1.  Senator LaValle recorded in the negative.

18                ACTING PRESIDENT O'MARA:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   709, substituted earlier today by Member of the 

22   Assembly Abinanti, Assembly Print Number 7631, an 

23   act to amend the Environmental Conservation law.

24                ACTING PRESIDENT O'MARA:   Read the 

25   last section.

                                                               3777

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT O'MARA:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.  Nays, 

 7   1.  Senator LaValle recorded in the negative.

 8                ACTING PRESIDENT O'MARA:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   710, by Senator O'Mara, Senate Print 5105, an act 

12   to amend the Environmental Conservation Law.

13                ACTING PRESIDENT O'MARA:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT O'MARA:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   In relation to 

21   Calendar Number 710, those recorded in the 

22   negative are Senators Duane, Perkins and 

23   Serrano.  

24                Ayes, 57.  Nays, 3.  

25                ACTING PRESIDENT O'MARA:   The bill 

                                                               3778

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   711, by Senator O'Mara, Senate Print 5106, an act 

 4   to amend the Environmental Conservation Law.

 5                ACTING PRESIDENT O'MARA:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT O'MARA:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   In relation to 

13   Calendar Number 711, those recorded in the 

14   negative are Senators Duane, Espaillat, Perkins 

15   and Serrano.

16                Ayes, 56.  Nays, 4.

17                ACTING PRESIDENT O'MARA:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   713, substituted earlier today by Member of the 

21   Assembly Thiele, Assembly Print 7150, an act to 

22   amend the Environmental Conservation Law.

23                ACTING PRESIDENT O'MARA:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 

                                                               3779

 1   act shall take effect on the same date as a 

 2   chapter of the Laws of 2011.

 3                ACTING PRESIDENT O'MARA:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.  Nays, 

 7   1.  Senator LaValle recorded in the negative.

 8                ACTING PRESIDENT O'MARA:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   714, substituted earlier today by Member of the 

12   Assembly Englebright, Assembly Print Number 6952, 

13   an act to amend the Environmental Conservation 

14   Law.

15                ACTING PRESIDENT O'MARA:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT O'MARA:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 59.  Nays, 

23   1.  Senator LaValle recorded in the negative.

24                ACTING PRESIDENT O'MARA:   The bill 

25   is passed.

                                                               3780

 1                THE SECRETARY:   Calendar Number 

 2   715, substituted earlier today by Member of the 

 3   Assembly Thiele, Assembly Print Number 6959, an 

 4   act to amend the Environmental Conservation Law.

 5                ACTING PRESIDENT O'MARA:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT O'MARA:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 59.  Nays, 

13   1.  Senator LaValle recorded in the negative.

14                ACTING PRESIDENT O'MARA:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   716, substituted earlier today by Member of the 

18   Assembly Ramos, Assembly Print Number 7078, an 

19   act to amend the Environmental Conservation Law.

20                ACTING PRESIDENT O'MARA:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.

                                                               3781

 1                (The Secretary called the roll.

 2                THE SECRETARY:   Ayes, 59.  Nays, 

 3   1.  Senator LaValle recorded in the negative.

 4                ACTING PRESIDENT O'MARA:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   717, substituted earlier today by Member of the 

 8   Assembly Crespo, Assembly Print Number 6948, an 

 9   act to amend the Environmental Conservation Law.

10                ACTING PRESIDENT O'MARA:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT O'MARA:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.  Nays, 

18   1.  Senator LaValle recorded in the negative.

19                ACTING PRESIDENT O'MARA:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   718, by Senator Zeldin, Senate Print 5196, an act 

23   to amend the Environmental Conservation Law.

24                ACTING PRESIDENT O'MARA:   Read the 

25   last section.

                                                               3782

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT O'MARA:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.  Nays, 

 7   1.  Senator LaValle recorded in the negative.

 8                ACTING PRESIDENT O'MARA:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   720, substituted earlier today by Member of the 

12   Assembly Lupardo, Assembly Print Number 7559A, an 

13   act to amend the Environmental Conservation Law.

14                ACTING PRESIDENT O'MARA:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT O'MARA:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   In relation to 

22   Calendar Number 720, those recorded in the 

23   negative are Senators Perkins and Serrano.  

24                Ayes, 58.  Nays, 2.

25                ACTING PRESIDENT O'MARA:   The bill 

                                                               3783

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   751, by Senator Young, Senate Print 4621A, an act 

 4   to amend the Public Health Law.

 5                ACTING PRESIDENT O'MARA:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the 120th day.

 9                ACTING PRESIDENT O'MARA:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT O'MARA:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   817, substituted earlier today by Member of the 

17   Assembly Clark, Assembly Print Number 2294, an 

18   act to amend the Transportation Law.

19                ACTING PRESIDENT O'MARA:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT O'MARA:   Call the 

24   roll.

25                (The Secretary called the roll.)

                                                               3784

 1                ACTING PRESIDENT O'MARA:   Senator 

 2   Smith, to explain your vote.

 3                SENATOR SMITH:   Yes, thank you very 

 4   much, Mr. President.  

 5                Colleagues -- and in particular, I 

 6   rise to thank my chairman of the committee, 

 7   Senator Fuschillo.  This is a bill that has made 

 8   the Boggs family and the Franklin family very 

 9   happy.  

10                Ironically, both of them were 

11   actually doing safety work on the tracks of the 

12   transportation system when they were both 

13   killed.  And at the behest of both of the 

14   families, that safety program is now being named 

15   after them.  

16                And I thank all my colleagues for 

17   their support.  In particular, Mr. Chairman, I 

18   thank you also.

19                ACTING PRESIDENT O'MARA:   Announce 

20   the results.

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT O'MARA:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   829, substituted earlier today by Member of the 

                                                               3785

 1   Assembly Hoyt, Assembly Print Number 372, an act 

 2   to amend the General Business Law.

 3                ACTING PRESIDENT O'MARA:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT O'MARA:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT O'MARA:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   831, substituted earlier today by Member of the 

15   Assembly Sweeney, Assembly Print Number 7517, an 

16   act to amend Chapter 459 of the Laws of 1996.

17                ACTING PRESIDENT O'MARA:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT O'MARA:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT O'MARA:   The bill 

                                                               3786

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   835, by Senator Valesky, Senate Print 4923, an 

 4   act to amend the Tax Law.

 5                ACTING PRESIDENT O'MARA:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT O'MARA:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT O'MARA:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   836, by Senator Seward, Senate Print 5025, an act 

17   to amend the Tax Law.

18                ACTING PRESIDENT O'MARA:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT O'MARA:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.

                                                               3787

 1                ACTING PRESIDENT O'MARA:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   837, by Senator Seward, Senate Print 5026, an act 

 5   to amend Chapter 443 of the Laws of 2007.

 6                ACTING PRESIDENT O'MARA:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT O'MARA:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT O'MARA:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   839, by Senator Little, Senate Print 5075, an act 

18   to amend Chapter 368 of the Laws of 2008.

19                ACTING PRESIDENT O'MARA:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT O'MARA:   Call the 

24   roll.

25                (The Secretary called the roll.)

                                                               3788

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT O'MARA:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   840, by Senator Ritchie, Senate Print 5158, an 

 6   act to amend the Tax Law.

 7                ACTING PRESIDENT O'MARA:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT O'MARA:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT O'MARA:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   842, by the Senate Committee on Rules, Senate 

19   Print 5308, an act to amend the Tax Law.

20                ACTING PRESIDENT O'MARA:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.

                                                               3789

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 842, those recorded in the 

 4   negative are Senators Espaillat, Huntley, 

 5   L. Krueger, Perkins, Rivera, Squadron and 

 6   Stavisky.

 7                Ayes, 53.  Nays, 7.

 8                ACTING PRESIDENT O'MARA:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   843, by the Senate Committee on Rules, Senate 

12   Print 5366, an act to amend the Tax Law.

13                ACTING PRESIDENT O'MARA:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT O'MARA:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   In relation to 

21   Calendar Number 843, those recorded in the 

22   negative are Senators Espaillat, Huntley, 

23   L. Krueger, Perkins, Rivera, Squadron and 

24   Stavisky.

25                Ayes, 53.  Nays, 7.

                                                               3790

 1                ACTING PRESIDENT O'MARA:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   869, substituted earlier today by Member of the 

 5   Assembly Russell, Assembly Print Number 3724, an 

 6   act to amend the Public Authorities Law.

 7                ACTING PRESIDENT O'MARA:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT O'MARA:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 60.

15                ACTING PRESIDENT O'MARA:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   876, substituted earlier today by Member of the 

19   Assembly Russell, Assembly Print Number 5452, an 

20   act to amend the Real Property Tax Law.

21                ACTING PRESIDENT O'MARA:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the 30th day.

25                ACTING PRESIDENT O'MARA:   Call the 

                                                               3791

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT O'MARA:   The bill 

 5   is passed.

 6                THE SECRETARY:   Senator Marcellino, 

 7   that completes the noncontroversial reading of 

 8   the calendar.

 9                SENATOR MARCELLINO:   Thank you, 

10   Mr. President.

11                At this time can we take up the 

12   controversial calendar.  And can we ring the 

13   bells, tell the members we're taking that up.

14                ACTING PRESIDENT O'MARA:   The 

15   Secretary will ring the bells. 

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   592, by Member of the Assembly Magnarelli, 

19   Assembly Print Number 6104, an act to amend the 

20   Tax Law.

21                SENATOR SQUADRON:   Explanation.

22                ACTING PRESIDENT O'MARA:    An 

23   explanation has been requested by Senator 

24   Squadron.

25                SENATOR DEFRANCISCO:   This is an 

                                                               3792

 1   extension of a tax, a 1 percent tax that was 

 2   imposed in 2009 to expire in November of this 

 3   year.  It's an extender of that additional 

 4   1 percent tax which brought back two years ago 

 5   the Onondaga County sales tax from 3 percent to 

 6   4 percent.

 7                ACTING PRESIDENT O'MARA:   Senator 

 8   Rivera.

 9                SENATOR RIVERA:   Thank you, 

10   Mr. President.  Through you, if the sponsor would 

11   yield for a few questions.

12                ACTING PRESIDENT O'MARA:   Senator 

13   DeFrancisco, will you yield?  

14                SENATOR DEFRANCISCO:   Yes.

15                SENATOR RIVERA:   Thank you, 

16   Mr. President.  

17                Through you, Mr. President.  So this 

18   is a -- so by your definition, is this a tax 

19   increase that we are voting on today?  

20                SENATOR DEFRANCISCO:   No.  The tax 

21   was increased in 2009 from 3 percent to 

22   4 percent.  And at that time the distribution of 

23   that additional 1 percent was negotiated between 

24   the city, the county, and towns.  And that is set 

25   to expire in November of this year.  

                                                               3793

 1                This would extend that same 

 2   1 percent, and it will have the same distribution 

 3   as negotiated in 2009.

 4                SENATOR RIVERA:   Through you, 

 5   Mr. President, if the sponsor would continue to 

 6   yield.

 7                ACTING PRESIDENT O'MARA:   Do you 

 8   continue to yield, Senator DeFrancisco?  

 9                SENATOR DEFRANCISCO:   Yes.

10                SENATOR RIVERA:   Thank you, 

11   Mr. President.

12                So then this is a tax that is -- if 

13   we do not vote on this increase today, if this 

14   does not pass, then we would not have -- this tax 

15   would actually cease to exist.

16                SENATOR DEFRANCISCO:   If this did 

17   not pass both houses -- well, it already passed 

18   the Assembly.  If this bill passes, just like 

19   every other single extender that just about 

20   everybody in the house voted for except some 

21   voted no on the Rules extenders, it would not 

22   allow that tax that was increased in the past to 

23   continue.

24                SENATOR RIVERA:   Through you, 

25   Mr. President, if the sponsor would continue to 

                                                               3794

 1   yield.

 2                ACTING PRESIDENT O'MARA:   Do you 

 3   continue to yield?  

 4                SENATOR DEFRANCISCO:   Yes.

 5                SENATOR RIVERA:   Senator 

 6   DeFrancisco, I'm not sure if you recall when -- a 

 7   few months ago when we were debating the personal 

 8   income tax surcharge extension, there was -- I 

 9   believe at that time you were arguing -- well, 

10   the so-called millionaire's tax.  You were 

11   arguing that because that tax ended, our 

12   extension of it would amount to creating new 

13   taxes.  Do you recall this argument?

14                SENATOR DEFRANCISCO:   I recall the 

15   debate, yes, I do.

16                SENATOR RIVERA:   Through you, 

17   Mr. President, if the sponsor would continue to 

18   yield.

19                ACTING PRESIDENT O'MARA:   Do you 

20   continue to yield, Senator?  

21                SENATOR DEFRANCISCO:   Yes.

22                SENATOR RIVERA:   So, Senator 

23   DeFrancisco, if that was a tax increase that we 

24   would have voted on -- and you in a very spirited 

25   way defended your action, just saying we should 

                                                               3795

 1   not vote for it, we should not extend it -- then 

 2   why is this permissible, is this tax extension 

 3   permissible and that not?  

 4                SENATOR DEFRANCISCO:   Well, there 

 5   are several reasons.  They're totally different.  

 6                First of all, this is a sales tax 

 7   extension requested by the city and county that I 

 8   represent.  And it was a tax extension that they 

 9   wanted, they are seeking to be imposed upon them 

10   in order to avoid property tax increases.  And 

11   they negotiated how those dollars would be 

12   spent.  

13                And since they are requesting it, I 

14   am deferring to the local governments to 

15   determine how to best deal with their particular 

16   budgets.  And because of that, I'm in favor of 

17   it.

18                SENATOR RIVERA:   Thank you.

19                Mr. President, on the bill.

20                ACTING PRESIDENT O'MARA:   On the 

21   bill.

22                SENATOR RIVERA:   Thank you, 

23   Mr. President.  And thank you, Senator 

24   DeFrancisco, for again engaging in a debate, as 

25   we have done many, many times.

                                                               3796

 1                I had -- two months ago I had a 

 2   spirited debate with Senator DeFrancisco on the 

 3   issue of extending a personal income tax 

 4   surcharge, the so-called millionaire's tax, for 

 5   New Yorkers.  At that time we went back and forth 

 6   quite a bit on the issue of whether it was a new 

 7   tax or whether it was an extension of one.  

 8                I made the argument then, as I've 

 9   continued to make the argument and will continue 

10   to make the argument, that if we are to speak 

11   about shared sacrifice then we should make sure 

12   that it is shared.  At that time I argued that we 

13   should extend -- that it was not a new tax, but 

14   that we should extend the personal income tax 

15   surcharge because we have serious needs of 

16   revenue in this state.

17                Now, I will be voting in the 

18   affirmative on this bill today because, as 

19   Senator DeFrancisco does, I will yield to the 

20   knowledge of the localities of whether they have 

21   particular needs or not.  And I believe that we 

22   all, across the state, and certainly in different 

23   localities and across the state in general we 

24   have some serious needs as far as revenue.

25                I just believe that we should be 

                                                               3797

 1   consistent and that we should have an honest 

 2   debate about tax policy.  If the personal income 

 3   tax surcharge would have been a new tax, then so 

 4   is what we are voting on today.  And so is what 

 5   we voted on more than two dozen times just last 

 6   week.  

 7                It seems to me in this particular 

 8   instance we are voting to extend a sales tax, 

 9   which is a flat tax and the most regressive of 

10   all taxation, as opposed to considering extending 

11   a progressive tax, a tax that exists right now on 

12   wealthier New Yorkers that do not -- this is not 

13   something that is bothersome to them.  This is 

14   not something that is burdensome to them.  As 

15   opposed to a sales tax, which would obviously be 

16   burdensome to working-class families and 

17   individuals that are not necessarily wealthy.  

18                So again, I will be voting yes on 

19   this because I do believe that there are needs 

20   that we have for revenue all across the state.  

21   But again, I will ask my colleagues as we 

22   continue, whether it's today or tomorrow or the 

23   day after that, to have a debate about tax 

24   policy, that we be honest about it.  

25                And that if we say that we are 

                                                               3798

 1   willing to increase sales taxes on the majority 

 2   of the people that we represent, that we should 

 3   consider whether we extend a tax that will have 

 4   an impact on, at most, a few thousand people 

 5   across the state.  Even if it's tens of thousands 

 6   of individuals across the state, it is a very big 

 7   difference to pass sales tax after sales tax 

 8   after sales tax that would have an impact on 

 9   millions of New Yorkers.

10                Thank you so much, Mr. President.

11                ACTING PRESIDENT O'MARA:   Thank 

12   you, Senator.

13                Any other Senator wishing to be 

14   heard?  

15                Hearing none, the debate is closed.  

16   The Secretary will ring the bells.

17                Read the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT O'MARA:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT O'MARA:   Senator 

24   DeFrancisco to explain your vote.

25                SENATOR DEFRANCISCO:   Yes.  As I 

                                                               3799

 1   mentioned during the debate, this is an extender 

 2   of an existing sales tax --

 3                ACTING PRESIDENT O'MARA:   Can we 

 4   have some order, please, so we can hear Senator 

 5   DeFrancisco.

 6                Proceed.

 7                SENATOR DEFRANCISCO:   As I 

 8   explained during the debate, this is an extension 

 9   of an existing sales tax bill, just like all the 

10   other extenders that have been passed over the 

11   last couple of weeks.  

12                These were requested by the local 

13   governments.  They should be afforded respect, 

14   and they should be able to rule their communities 

15   the way they see fit.  And it's a question of 

16   local preference and how they want to deal with 

17   their business.

18                Quite frankly, I question and have 

19   questioned in the past why we should be getting 

20   involved in this anyway.  Shouldn't the 

21   localities be able to make their own decisions 

22   about sales taxes?  But we have to do it, so 

23   we've done it.

24                As far as the comment about we 

25   should debate tax policy -- I'm getting louder 

                                                               3800

 1   and louder, and I still can't hear myself think.  

 2   If I could just finish.

 3                ACTING PRESIDENT O'MARA:   Can we 

 4   have some quiet, please.

 5                SENATOR DEFRANCISCO:   As far as the 

 6   argument that we should have a full discussion on 

 7   tax policy, as Senator Rivera mentioned, well, we 

 8   did.  We had a full debate on tax policy, and the 

 9   ruling of this house that determines what taxes 

10   the State of New York collects was that we should 

11   not increase the income tax for anybody.  

12                So these two actions are totally 

13   consistent.  We determine what revenues are 

14   generated by the State of New York.  We believed, 

15   since it's our responsibility, that those taxes 

16   were ill-advised at this time in our history.  We 

17   felt that cutting spending is the more prudent 

18   way to go.  

19                So there was that debate.  The votes 

20   went the way they did.  And we didn't increase 

21   taxes, and we decreased spending for the first 

22   time in 15 years.

23                Thank you, Mr. President.

24                ACTING PRESIDENT O'MARA:   Senator 

25   DeFrancisco will be recorded in the affirmative.

                                                               3801

 1                Senator Stavisky to explain your 

 2   vote.

 3                SENATOR STAVISKY:   To explain my 

 4   vote, Mr. President.

 5                I was under the impression that the 

 6   income tax was the fairer tax because the income 

 7   tax is less regressive.  It is based, presumably, 

 8   on ability to pay, where everybody pays the sales 

 9   tax.  Whether they earn $100,000 a year or 

10   whether they earn $30,000 a year, they pay the 

11   same sales tax on purchases.

12                So while I will obviously support 

13   this bill, I want to be clear that it's the 

14   income tax that we should be increasing because 

15   of the fact, as I said, that it is less 

16   regressive.

17                I vote aye, Mr. President.

18                ACTING PRESIDENT O'MARA:   Senator 

19   Stavisky will be recorded in the affirmative.

20                Announce the results.

21                THE SECRETARY:   Ayes, 57.  Nays, 

22   0.  

23                Absent from voting are Senators 

24   Adams, Breslin, C. Kruger, Parker and Saland.

25                ACTING PRESIDENT O'MARA:   The bill 

                                                               3802

 1   is passed.

 2                Senator Marcellino.

 3                SENATOR MARCELLINO:   Yes, 

 4   Mr. President.  Can we return to the order of 

 5   motions and resolutions, please.

 6                ACTING PRESIDENT O'MARA:   Motions 

 7   and resolutions.

 8                Senator Marcellino.

 9                SENATOR MARCELLINO:   Mr. President, 

10   on page number 37 I offer the following 

11   amendments to Calendar Number 527, Senate Print 

12   Number 744, and ask that said bill retain its 

13   place on the Third Reading Calendar.

14                ACTING PRESIDENT O'MARA:   The 

15   amendments are received, and the bill will retain 

16   its place on the Third Reading Calendar.

17                SENATOR MARCELLINO:   Mr. President, 

18   on page number 64 I offer the following 

19   amendments to Calendar Number 868, Senate Print 

20   Number 5198, and ask that said bill retain its 

21   place on the Third Reading Calendar.

22                ACTING PRESIDENT O'MARA:   The 

23   amendments are received, and the bill will retain 

24   its place on the Third Reading Calendar.

25                SENATOR MARCELLINO:   Mr. President, 

                                                               3803

 1   is there any further business at the desk?  

 2                ACTING PRESIDENT O'MARA:   There is 

 3   none.

 4                SENATOR MARCELLINO:   In that case, 

 5   there being no further business, I move that we 

 6   adjourn until Tuesday, June 7th, at 2:00 p.m.

 7                ACTING PRESIDENT O'MARA:   On 

 8   motion, the Senate stands adjourned until 

 9   Tuesday, June 7th, at 2:00 p.m.

10                (Whereupon, at 3:46 p.m., the Senate 

11   adjourned.)

12

13

14

15

16

17

18

19

20

21

22

23

24

25