Regular Session - June 7, 2011
3804
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 7, 2011
11 2:18 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR CARL L. MARCELLINO, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
3805
1 P R O C E E D I N G S
2 ACTING PRESIDENT MARCELLINO:
3 The Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance to the Flag. That includes the
7 audience, too.
8 (Whereupon, the assemblage
9 recited the Pledge of Allegiance to the
10 Flag.)
11 ACTING PRESIDENT MARCELLINO:
12 In the absence of clergy, may we have a
13 moment of silence.
14 (Whereupon, the assemblage
15 respected a moment of silence.)
16 ACTING PRESIDENT MARCELLINO:
17 The reading of the Journal.
18 THE SECRETARY: In Senate,
19 Monday, June 6th, the Senate met pursuant to
20 adjournment. The Journal of Sunday,
21 June 5th, was read and approved. On motion,
22 Senate adjourned.
23 ACTING PRESIDENT MARCELLINO:
24 Without objection, the Journal stands
25 approved as read.
3806
1 Presentation of petitions.
2 Messages from the Assembly.
3 The Secretary will read.
4 THE SECRETARY: On page 29,
5 Senator O'Mara moves to discharge, from the
6 Committee on Elections, Assembly Bill Number
7 6973A --
8 ACTING PRESIDENT MARCELLINO:
9 Hold on a second. Hold on.
10 (Gaveling.) There's a lot of
11 important stuff that has to be read. The
12 stenographer has to hear it. Can we have
13 some silence. Take your conversations out of
14 the chambers, please. Staff, take your
15 conversations out of the chambers.
16 The Secretary will continue to
17 read.
18 THE SECRETARY: On page 29,
19 Senator O'Mara moves to discharge, from the
20 Committee on Elections, Assembly Bill Number
21 6973A and substitute it for the identical
22 Senate Bill Number 4481A, Third Reading
23 Calendar 400.
24 ACTING PRESIDENT MARCELLINO:
25 Substitution ordered.
3807
1 THE SECRETARY: On page 29, Senator
2 O'Mara moves to discharge, from the Committee on
3 Elections, Assembly Bill Number 263 and
4 substitute it for the identical Senate Bill
5 Number 4748, Third Reading Calendar 402.
6 ACTING PRESIDENT MARCELLINO:
7 Substitution ordered.
8 THE SECRETARY: On page 37, Senator
9 Perkins moves to discharge, from the Committee on
10 Finance, Assembly Bill Number 6695 and substitute
11 it for the identical Senate Bill Number 2009,
12 Third Reading Calendar 580.
13 ACTING PRESIDENT MARCELLINO: The
14 substitution is ordered.
15 THE SECRETARY: And on page 50,
16 Senator Martins moves to discharge, from the
17 Committee on Elections, Assembly Bill Number 7469
18 and substitute it for the identical Senate Bill
19 Number 5055A, Third Reading Calendar 780.
20 ACTING PRESIDENT MARCELLINO: The
21 substitution is ordered.
22 Messages from the Governor.
23 Reports of standing committees.
24 The Secretary will read.
25 THE SECRETARY: Senator
3808
1 DeFrancisco, from the Committee on Finance,
2 reports the following nomination.
3 As a member of the New York State
4 Metropolitan Transportation Authority, Jonathan
5 A. Ballan, of Scarsdale Park.
6 ACTING PRESIDENT MARCELLINO:
7 Senator DeFrancisco.
8 SENATOR DEFRANCISCO: I move the
9 nomination of Jonathan A. Ballan, of Scarsdale
10 Park, as a member of the New York State
11 Metropolitan Transportation Authority.
12 You know, we've said this before,
13 but it's true with the nominees again today. The
14 Governor has really done an incredible job, not
15 only of selecting good, qualified people, but
16 also seeking out those people to make sure that
17 we have the best in the positions that are
18 available in the State of New York.
19 And that's true with Jonathan
20 Ballan. His record is incredible. His knowledge
21 and expertise in areas that are very much needed
22 by the Metropolitan Transportation Authority are
23 evident from not only a review of his resume but
24 also from listening to him explain what he's got
25 in mind for this particular agency and how he'll
3809
1 keep an open mind and not be afraid.
2 I don't know if it's a bulldog or a
3 pit bull, but one or the other, he's promised
4 that he wouldn't kowtow to anybody to make sure
5 the right things are being done by that important
6 authority.
7 So I'm very proud and pleased to
8 move the nomination of Mr. Ballan and wish him
9 the best of luck in this very difficult but very
10 important position.
11 ACTING PRESIDENT MARCELLINO: Is
12 there any other Senator wishing to be heard on
13 the nomination?
14 Seeing none, the motion is on the
15 nomination of Jonathan A. Ballan, of Scarsdale
16 Park, to be a member of the New York State
17 Metropolitan Transportation Authority. All in
18 favor signify by saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT MARCELLINO:
21 Opposed, nay.
22 (No response.)
23 ACTING PRESIDENT MARCELLINO: The
24 appointment is approved.
25 Congratulations, Mr. Ballan.
3810
1 And your task is a daunting one.
2 The MTA, as we all know it as, is not an easy
3 institution to work with and for. So we hope you
4 will take your duties seriously, and on behalf of
5 the best interests of the riding public and all
6 of the people of New York State.
7 Thank you. Congratulations.
8 (Applause.)
9 ACTING PRESIDENT MARCELLINO: The
10 Secretary will read.
11 THE SECRETARY: As a member of the
12 New York State Workers' Compensation Board, David
13 R. Dudley, of North Chatham.
14 ACTING PRESIDENT MARCELLINO:
15 Senator DeFrancisco.
16 SENATOR DEFRANCISCO: Again, I'm
17 proud to move the nomination of David R. Dudley,
18 of North Chatham, as a member of the New York
19 State Workers' Compensation Board.
20 I've known David for many years. He
21 served as counsel in this body to the Senate
22 Majority. He's competent, he's a caring
23 individual, and he's someone who would be
24 outstanding in a judicial-like capacity as a
25 member of the Workers' Compensation Board.
3811
1 I know that he will take into
2 consideration both sides of every issue and
3 impart justice fairly in the workers'
4 compensation system. And he's had experience
5 actually in even negotiating some of the changes
6 in the Workers' Compensation Law, and I'm sure
7 we'll hear from him with potential future
8 legislation to make that organization work even
9 better.
10 So I'm very happy that David was
11 nominated for this position, and I'm happy that
12 he's here with his wife, and he's going do a
13 wonderful job.
14 Thank you, Mr. President.
15 ACTING PRESIDENT MARCELLINO:
16 Senator Nozzolio on the nomination.
17 SENATOR NOZZOLIO: Thank you,
18 Mr. President.
19 Mr. President and my colleagues, I
20 rise and share Senator DeFrancisco's support for
21 this excellent nomination.
22 Dave Dudley has a very keen legal
23 mind, has been experienced in many aspects of
24 representation and the law, was for many years a
25 very valued member of the New York State Senate
3812
1 staff in helping forge, as Senator DeFrancisco
2 indicated, many policy changes, so has seen the
3 many sides of the coin and understands the
4 complexities and the implementation of the laws
5 of this state.
6 For that, I believe he will serve in
7 this new capacity in a fine exemplary way, as he
8 has done and exemplified in many ways here
9 working in the New York State Senate.
10 Congratulations to David. We're
11 very proud of this nomination and of his work,
12 and that I certainly rise to support it
13 wholeheartedly.
14 Thank you, Mr. President.
15 ACTING PRESIDENT MARCELLINO: Thank
16 you, Senator.
17 Are there any other Senators wishing
18 to be heard on the nomination?
19 Seeing none, the motion is on the
20 appointment of David R. Dudley, of North Chatham,
21 to be a member of the New York State Workers'
22 Compensation Board. All in favor signify by
23 saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT MARCELLINO:
3813
1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT MARCELLINO: The
4 ayes have it. Dave, you are newly appointed to
5 the Workers' Compensation Board.
6 Congratulations. I hope it's what you want.
7 (Laughter.)
8 ACTING PRESIDENT MARCELLINO: God
9 bless. Have a great career.
10 (Applause.)
11 ACTING PRESIDENT MARCELLINO: The
12 Secretary will read.
13 THE SECRETARY: As New York State
14 Secretary of State, Cesar A. Perales, of
15 Brooklyn.
16 ACTING PRESIDENT MARCELLINO:
17 Senator DeFrancisco.
18 SENATOR DEFRANCISCO: I rise to
19 move the nomination of Cesar Perales, of
20 Brooklyn, as the New York State Secretary of
21 State.
22 You know, if you read Mr. Perales's
23 resume, it's like the Who's Who in government and
24 in the law. He's had so many incredible
25 experiences over his lifetime. And most people
3814
1 that have had those experiences would usually
2 like to sit back, read a book, put their feet up
3 and maybe watch a sporting event during the
4 remaining years of his life. However, that's not
5 true with Mr. Perales. He wants to continue
6 serving.
7 And the Secretary of State position
8 is such an important one in our state and affects
9 so many of us in our districts that we're again
10 very happy that Mr. Perales is willing to do
11 this, willing to serve, in a time when most
12 people look for what government can do for them,
13 not the other way around.
14 And Governor Cuomo should be again
15 congratulated for such a wonderful appointment
16 and a great addition to his team and the team of
17 the State of New York.
18 So I'm proud to move Mr. Perales's
19 nomination. Thank you, Mr. President.
20 ACTING PRESIDENT MARCELLINO: Thank
21 you, Senator DeFrancisco.
22 Senator Oppenheimer.
23 SENATOR OPPENHEIMER: Thank you,
24 Mr. President.
25 Well, I think Senator DeFrancisco
3815
1 has said what my primary thought is, which is I
2 go back with Cesar to the '80s and the early '90s
3 when he was running our public assistance and
4 Medicaid programs here as head of our Department
5 of Social Services. And he was an extraordinary
6 leader.
7 And even though he doesn't look very
8 different in appearance from back then to now,
9 the fact that he has put in so many years to
10 public service and the fact that he is willing to
11 continue to fight for health and for human
12 services and for our youth and for our elderly
13 and for all of us in this state, I mean, it's
14 just an example of great courage and great
15 enthusiasm.
16 And God bless you, Cesar. Keep up
17 the great work always.
18 ACTING PRESIDENT MARCELLINO: Thank
19 you, Senator.
20 Any other Senator wishing to be
21 heard?
22 The motion is on the nomination of
23 Cesar A. Perales, of Brooklyn, to be the New York
24 State Secretary of State. All in favor signify
25 by saying aye.
3816
1 (Response of "Aye.")
2 ACTING PRESIDENT MARCELLINO: All
3 opposed, nay.
4 (No response.)
5 ACTING PRESIDENT MARCELLINO: The
6 ayes have it. Cesar A. Perales is duly confirmed
7 as Secretary of State.
8 Congratulations.
9 (Applause.)
10 ACTING PRESIDENT MARCELLINO: The
11 Secretary will read.
12 THE SECRETARY: As a member of the
13 New York State Housing Finance Agency, Steven J.
14 Weiss, of Williamsville.
15 ACTING PRESIDENT MARCELLINO:
16 Senator DeFrancisco.
17 SENATOR DEFRANCISCO: I rise to
18 move the nomination of Steven J. Weiss, of
19 Williamsville, as a member of the New York State
20 Housing Finance Agency.
21 Another great appointment by the
22 Governor. And in view of the length of the
23 agenda, I will not elaborate any further, since
24 Mr. Weiss not here.
25 And I believe that the Governor
3817
1 again has made a wonderful appointment. And he's
2 going to be a great addition to this agency, and
3 I proudly move the nomination.
4 Thank you.
5 ACTING PRESIDENT MARCELLINO: Are
6 there any other Senators wishing to be heard on
7 the nomination?
8 Seeing none, the motion is on the
9 nomination of Steven J. Weiss, of Williamsville,
10 to be a member of the New York State Housing
11 Finance Agency. All in favor signify by saying
12 aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT MARCELLINO:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT MARCELLINO: The
18 ayes have it. Steven J. Weiss, of Williamsville,
19 is confirmed as a member of the New York State
20 Housing Finance Agency.
21 Reports of select committees.
22 Communications and reports of state
23 officers.
24 Motions and resolutions.
25 Senator Farley.
3818
1 SENATOR FARLEY: Mr. President,
2 we'd like to adopt the Resolution Calendar.
3 ACTING PRESIDENT MARCELLINO: All
4 in favor of adopting the Resolution Calendar
5 signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT MARCELLINO:
8 Opposed, nay.
9 (No response.)
10 ACTING PRESIDENT MARCELLINO: The
11 Resolution Calendar is adopted.
12 Senator Farley.
13 SENATOR FARLEY: Mr. President,
14 there's a resolution at the desk by Senator
15 DeFrancisco. May we please have it read in its
16 entirety and move for its immediate adoption.
17 ACTING PRESIDENT MARCELLINO: The
18 Secretary will read.
19 THE SECRETARY: Legislative
20 resolution by Senator DeFrancisco, honoring the
21 West Genesee High School Academic Decathlon Team
22 upon the occasion of capturing the first place at
23 the 2011 New York State Academic Decathlon
24 Championship.
25 "WHEREAS, It is the custom of this
3819
1 Legislative Body to honor the youth of today --
2 the leaders of tomorrow -- whose character and
3 achievements exemplify the ideals and values
4 cherished by this great state and nation; and
5 "WHEREAS, Attendant to such concern,
6 and in full accord with its long-standing
7 traditions, it is the intent of this Legislative
8 Body to recognize and commend the West Genesee
9 High School Academic Decathlon Team upon the
10 composition of capturing first place at the 2011
11 State Academic Decathlon; and
12 "WHEREAS, Members of the West
13 Genesee Academic Decathlon Team, in preparation
14 for the state competition, devoted one year to
15 memorizing numerous facts while learning the
16 importance of hard work and determination; and
17 "WHEREAS, Members of the West
18 Genesee Academic Decathlon Team were prepared to
19 answer questions about art, music, English, math,
20 economics, science, and many other categories;
21 and
22 "WHEREAS, At the 2011 New York State
23 Academic Decathlon Championships, the West
24 Genesee High School team made their district
25 proud by winning 40 individual medals and a team
3820
1 award; and
2 "WHEREAS, The West Genesee Academic
3 Decathlon Team advanced to nationals in
4 Charlotte, North Carolina, and placed 23rd in the
5 country; and
6 "WHEREAS, No team can succeed
7 without outstanding talent throughout its entire
8 roster. Such is the case for the members of the
9 2011 West Genesee High School Academic Decathlon
10 team: Dennis Campbell, Abigail Hard, Alec
11 Kearns, Caitlin Nolan, Kaitlyn Richards, Jerry
12 Roy, Matthew Serrao, Jennifer Smacher, Kevan
13 Spencer, and Thomas Brogan; and
14 "WHEREAS, It is the sense of this
15 Legislative Body to commend those students of
16 outstanding character who have shown initiative
17 and commitment toward constantly pursuing higher
18 goals for themselves, and acting as role models
19 of leadership to be emulated by their peers; and
20 "WHEREAS, The success of the West
21 Genesee High School Academic Decathlon Team is
22 due in great part to the dedicated efforts of
23 Coach Scott Duda; now, therefore, be it
24 "RESOLVED, That this Legislative
25 Body pause in its deliberations to congratulate
3821
1 the 2011 West Genesee High School Academic
2 Decathlon Team upon the occasion of capturing
3 first place at the New York State Academic
4 Decathlon Championship; and be it further
5 "RESOLVED, That copies of this
6 resolution, suitably engrossed, be transmitted to
7 the members of the West Genesee High School
8 Athletic Decathlon Team and Coach Scott Duda."
9 ACTING PRESIDENT MARCELLINO:
10 Senator DeFrancisco on the resolution.
11 SENATOR DEFRANCISCO: Thank you,
12 Mr. President.
13 We're fortunate to have this
14 wonderful West Genesee High School Academic
15 Decathlon Team with us.
16 You know, nowadays we hear all the
17 bad things that young people do. That's
18 newsworthy. Sometimes the good things that young
19 people do are never recognized. But we wanted to
20 recognize them, this decathlon team.
21 And I know everyone's used to me
22 bringing championship teams from Syracuse, the
23 home of the athletes of our State of New York,
24 but we have the minds in our community as well.
25 This team went to the national championships, won
3822
1 over 40 medals, and did an incredible job as a
2 team among the nation's finest brains. And they
3 live in our district -- in my district.
4 And we have students like this all
5 throughout the State of New York that we all
6 should be recognizing as often as we can. I'm
7 pleased that they were able to be here to be
8 recognized. I'm pleased that their coach,
9 Mr. Duda is here.
10 And what should be noted is many of
11 the people they competed against actually had
12 this as a course required to do during the day
13 and then they practiced at night. This team, it
14 was a totally voluntary team. That wasn't a
15 course that they were required to do, and they
16 probably had less time than the others to prepare
17 for this great success.
18 So congratulations. You will be the
19 Ballans, the Peraleses and the great leaders that
20 we just recognized today that are being appointed
21 to high state positions. You will be the leaders
22 of tomorrow. And hopefully you'll do a better
23 job than we've done.
24 (Laughter.)
25 SENATOR DeFRANCISCO: Thank you.
3823
1 ACTING PRESIDENT MARCELLINO: Any
2 other Senator wishing to be heard on the
3 resolution?
4 Seeing none, all in favor signify by
5 saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT MARCELLINO:
8 Opposed, nay.
9 (No response.)
10 ACTING PRESIDENT MARCELLINO: The
11 resolution is adopted.
12 (Applause.)
13 ACTING PRESIDENT MARCELLINO: What
14 Senator DeFrancisco did say is most important --
15 I've said it many times myself -- that too often
16 we read about bad things that young people do; we
17 don't read often enough about some of the good
18 things.
19 And it's a pleasure to see some very
20 fine young people here who are truly great
21 representatives of their community and their
22 families. Have a great life, and God bless you
23 all.
24 Senator Farley.
25 SENATOR FARLEY: Senator
3824
1 DeFrancisco has another privileged resolution at
2 the desk. Would you read the title, please.
3 ACTING PRESIDENT MARCELLINO: The
4 Secretary will read just the title of the
5 resolution.
6 THE SECRETARY: Legislative
7 resolution by Senator DeFrancisco, commending
8 Reverend Paul F. Angelicchio for his many years
9 of faithful service to Our Lady of
10 Pompeii/St. Peter Parish.
11 ACTING PRESIDENT MARCELLINO: All
12 in favor of the resolution signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT MARCELLINO:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT MARCELLINO: The
18 resolution is adopted.
19 Senator Farley.
20 SENATOR FARLEY: We have another
21 resolution at the desk by Senator Grisanti, if
22 you'd read the title.
23 ACTING PRESIDENT MARCELLINO: The
24 Secretary will read the title only.
25 THE SECRETARY: Legislative
3825
1 resolution by Senator Grisanti, commemorating the
2 175th Anniversary of the Buffalo and Erie County
3 Library.
4 ACTING PRESIDENT MARCELLINO:
5 Senator Grisanti on the resolution.
6 SENATOR GRISANTI: Yeah, thank you,
7 Mr. President.
8 You know, it's important that for
9 the last 175 years in Buffalo and Erie County the
10 public library has provided continuous and
11 superior library services for the people of
12 Western New York.
13 It's amazing, since its inception in
14 1836, it has grown from basically 5500 books
15 being distributed to more than 8 million borrowed
16 items and 4 million patron visits. Currently,
17 its 37 library branches have more than 3.5
18 million items in circulation, ranging from books,
19 periodicals, computers and reference materials,
20 that are actually out there in Erie County right
21 now in Western New York.
22 That's why it's important and I'm
23 sure that people are aware that libraries are not
24 only important to each community, but important
25 in the sense that people have a place to go, to
3826
1 read, to learn, and that students have an
2 opportunity and a place to go to utilize computer
3 labs in the libraries.
4 It's unfortunate that in my district
5 in Erie County, and in other counties I'm sure,
6 that library funding is always getting cut, as
7 well as arts and culturals. That's one of the
8 reasons why yesterday I voted against that tax
9 extension, because some of that money should be
10 used for the libraries that benefit all the
11 people of Western New York. That money should be
12 used for arts and culturals for the people that
13 are too poor or middle-class that can't afford
14 the higher-end items.
15 Money should be earmarked to protect
16 libraries at all costs so children have access to
17 computers that can't afford it. And people
18 should have the opportunity to go to cultural
19 issues in their area without having to pay an arm
20 and a leg.
21 Mr. President, thank you for
22 allowing me to do the resolution. Thank you.
23 ACTING PRESIDENT MARCELLINO: Any
24 other Senator wishing to be heard?
25 The motion is on the resolution.
3827
1 All in favor signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT MARCELLINO:
4 Opposed, nay.
5 (No response.)
6 ACTING PRESIDENT MARCELLINO: The
7 resolution is adopted.
8 Senator Farley.
9 SENATOR FARLEY: We have a
10 privileged resolution by Senator Larkin, if you'd
11 read the title only.
12 ACTING PRESIDENT MARCELLINO: The
13 Secretary will read the title only.
14 THE SECRETARY: Legislative
15 resolution by Senator Larkin, commending the
16 San Miguel Academy of Newburgh upon the occasion
17 of the graduation of its second 8th-grade class
18 on June 9, 2011, and congratulating the
19 graduates.
20 ACTING PRESIDENT MARCELLINO: The
21 motion is on the resolution. All in favor
22 signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT MARCELLINO:
25 Opposed, nay.
3828
1 (No response.)
2 ACTING PRESIDENT MARCELLINO: The
3 resolution is adopted.
4 Senator Farley.
5 SENATOR FARLEY: We have another
6 privileged resolution by Senator Klein, if you'd
7 read the title.
8 ACTING PRESIDENT MARCELLINO: The
9 Secretary will read the title only.
10 THE SECRETARY: Legislative
11 resolution by Senator Klein, congratulating the
12 Miano family upon the occasion of the dedication
13 of a New York State City street in honor of their
14 loved one, Mr. Rocco "Rocky" Miano.
15 ACTING PRESIDENT MARCELLINO: All
16 in favor of the resolution signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT MARCELLINO:
19 Opposed, nay.
20 (Response of "Nay.")
21 ACTING PRESIDENT MARCELLINO: The
22 resolution is adopted.
23 Senator Farley.
24 SENATOR FARLEY: Would you call on
25 Senator Breslin for some motions.
3829
1 ACTING PRESIDENT MARCELLINO:
2 Senator Breslin.
3 SENATOR BRESLIN: Thank you,
4 Senator Farley.
5 Mr. President, on page number 36 I
6 offer the following amendments to my bill,
7 Calendar Number 552, Senate Print Number 3665,
8 and ask that said bill retain its place on the
9 Third Reading Calendar.
10 ACTING PRESIDENT MARCELLINO: The
11 amendments are received, and the bill will retain
12 its place on the Third Reading Calendar.
13 SENATOR BRESLIN: Thank you,
14 Mr. President.
15 On behalf of Senator Kruger, I move
16 that the following bill be discharged from its
17 respective committee and be recommitted with
18 instructions to strike the enacting clause. And
19 that would be Senate Number 3344.
20 ACTING PRESIDENT MARCELLINO: So
21 ordered.
22 SENATOR BRESLIN: Mr. President, on
23 behalf of Senator Huntley, I move that the
24 following bill be discharged from its respective
25 committee and be recommitted with instructions to
3830
1 strike the enacting clause: Senate Number 3818.
2 ACTING PRESIDENT MARCELLINO: So
3 ordered.
4 SENATOR BRESLIN: Thank you,
5 Mr. President.
6 ACTING PRESIDENT MARCELLINO: Thank
7 you, Senator Breslin.
8 Senator Farley.
9 SENATOR FARLEY: Yeah, we have also
10 some motions.
11 On behalf of Senator DeFrancisco, on
12 page 30 I offer the following amendments to
13 Calendar Number 420, Senate Print 3293, and I ask
14 that said bill retain its place on the Third
15 Reading Calendar.
16 On behalf of Senator O'Mara, on
17 page 44 I offer the following amendments to
18 Calendar Number 674, Senate Print 4267A, and I
19 ask that that bill retain its place on the Third
20 Reading Calendar.
21 ACTING PRESIDENT MARCELLINO: The
22 bills that you just read, the amendments will be
23 accepted and both bills will retain their places
24 on the Third Reading Calendar.
25 Senator Farley.
3831
1 SENATOR FARLEY: Thank you.
2 On behalf of Senator Maziarz,
3 Mr. President, I move that the following bill be
4 discharged from its respective committee and be
5 recommitted with instructions to strike the
6 enacting clause. That's Senate 217.
7 ACTING PRESIDENT MARCELLINO: So
8 ordered.
9 SENATOR FARLEY: On behalf of
10 Senator Grisanti, Mr. President, I wish to call
11 up his bill, Print Number 1737A, recalled from
12 the Assembly, which is now at the desk.
13 ACTING PRESIDENT MARCELLINO: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 234, by Senator Grisanti, Senate Print 1737A, an
17 act to amend Chapter 616 of the Laws of 1992.
18 SENATOR FARLEY: Mr. President, I
19 now move to reconsider the vote by which this
20 bill passed.
21 ACTING PRESIDENT MARCELLINO: Call
22 the roll on reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60.
25 SENATOR FARLEY: I now offer the
3832
1 following amendments.
2 ACTING PRESIDENT MARCELLINO: The
3 amendments are received, Senator.
4 SENATOR FARLEY: Mr. President, I
5 offer amendments to the following Third Reading
6 Calendar bills.
7 On behalf of Senator Bonacic, on
8 page 21, Calendar Number 225, Senate Print
9 2143B.
10 Also on behalf of Senator Bonacic,
11 on page 25, Calendar Number 326, Senate Print
12 3949.
13 On behalf of Senator Golden, on
14 page 28, Calendar Number 378, Senate Print 4496A.
15 On behalf of Senator Zeldin, on
16 page 31, Calendar Number 435, Senate Print 4072.
17 On behalf of Senator Ball, on
18 page 36, Calendar Number 550, Senate Print 4582A.
19 On behalf of Senator Farley, on
20 page 58, Calendar Number 880, Senate Print 3247.
21 On behalf of Senator Farley, on page
22 58, Calendar Number 883, Senate Print 3413.
23 Mr. President, I ask that these
24 amendments be received and that the bills retain
25 their place on the Third Reading Calendar.
3833
1 ACTING PRESIDENT MARCELLINO: The
2 amendments will be received on the aforementioned
3 bill, and they all will retain their place on the
4 Third Reading Calendar.
5 Senator Farley.
6 SENATOR FARLEY: Mr. President, if
7 we may now go to the noncontroversial reading of
8 the calendar.
9 ACTING PRESIDENT MARCELLINO: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number 88,
12 by Senator Seward, Senate Print 2704A, an act to
13 amend the Insurance Law.
14 ACTING PRESIDENT MARCELLINO: Read
15 the last section.
16 THE SECRETARY: Section 6. This
17 act shall take effect on the 90th day.
18 ACTING PRESIDENT MARCELLINO: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 120, by Senator Robach, Senate Print 709,
3834
1 Concurrent Resolution of the Senate and Assembly
2 proposing amendments to the Constitution.
3 ACTING PRESIDENT MARCELLINO: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: In relation to
7 Calendar Number 120, those recorded in the
8 negative are Senators Adams, Carlucci, Duane,
9 Espaillat, Gianaris, Hassell-Thompson, Klein,
10 Montgomery, Parker, Perkins, Rivera, Savino,
11 Serrano, Squadron and Stavisky.
12 Ayes, 45. Nays, 15.
13 ACTING PRESIDENT MARCELLINO: The
14 resolution is adopted.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 122, by Senator Sampson, Senate Print 1712, an
18 act to amend the Judiciary Law.
19 ACTING PRESIDENT MARCELLINO: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MARCELLINO: Call
24 the roll.
25 (The Secretary called the roll.)
3835
1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 124, by Senator Seward, Senate Print 2381,
6 Concurrent Resolution of the Senate and Assembly
7 proposing an amendment to Section 8 of Article 4
8 of the Constitution.
9 ACTING PRESIDENT MARCELLINO: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MARCELLINO: It
13 would be very helpful if everybody was in their
14 seats when we're voting so that we can be clear
15 on who wishes to vote yes and no and get the
16 counts correct. Thank you.
17 Please raise your hands if you're
18 voting no on this resolution.
19 THE SECRETARY: In relation to
20 Calendar Number 124, those recorded in the
21 negative are Senators Duane, Espaillat, Gianaris,
22 Huntley, Klein, L. Krueger, Montgomery, Perkins,
23 Rivera, Savino, Serrano, Squadron, and Stavisky.
24 Ayes, 47. Nays, 13.
25 ACTING PRESIDENT MARCELLINO: The
3836
1 resolution is adopted.
2 THE SECRETARY: Calendar Number
3 231, by Senator Seward, Senate Print 2557, an act
4 to amend the Insurance Law.
5 ACTING PRESIDENT MARCELLINO: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MARCELLINO: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: In relation to
13 Calendar Number 231, those recorded in the
14 negative are Senators Avella, Duane and Diaz.
15 Ayes, 57. Nays, 3.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 232, by Senator Seward, Senate Print 2874, an act
20 to amend the Insurance Law.
21 ACTING PRESIDENT MARCELLINO: Read
22 the last section, please.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MARCELLINO: Call
3837
1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Those recorded in
4 the negative on Calendar Number 232 are Senators
5 Diaz and Duane.
6 Ayes, 58. Nays, 2.
7 ACTING PRESIDENT MARCELLINO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 240, by Senator Seward, Senate Print 2875, an act
11 to amend the Insurance Law.
12 ACTING PRESIDENT MARCELLINO: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MARCELLINO: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT MARCELLINO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 241, by Senator Seward, Senate Print 4040A, an
24 act to amend the Insurance Law.
25 ACTING PRESIDENT MARCELLINO: Read
3838
1 the last section, please.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MARCELLINO: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 270, by Senator Griffo, Senate Print 2777 --
12 SENATOR LIBOUS: Lay it aside for
13 the day.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is laid aside for the day.
16 THE SECRETARY: Calendar Number
17 271, by Senator Griffo, Senate Print 2870,
18 Concurrent Resolution of the Senate and Assembly
19 proposing an amendment to --
20 SENATOR LIBOUS: Lay it aside for
21 the day, please.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is laid aside for the day.
24 THE SECRETARY: Calendar Number
25 274, by Senator Griffo, Senate Print 3657, an act
3839
1 to amend the State Technology Law.
2 ACTING PRESIDENT MARCELLINO: Read
3 the last section, please.
4 THE SECRETARY: Section 5. This
5 act shall take effect on the 120th day.
6 ACTING PRESIDENT MARCELLINO: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 398, by Senator Griffo, Senate Print 4208, an act
14 to amend the Election Law.
15 SENATOR BRESLIN: Lay it aside.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is laid aside.
18 THE SECRETARY: Calendar Number
19 400, substituted earlier today by Member of the
20 Assembly Millman, Assembly Print Number 6973A, an
21 act to amend the Election Law.
22 ACTING PRESIDENT MARCELLINO: Read
23 the last section, please.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3840
1 ACTING PRESIDENT MARCELLINO: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 401, by Senator O'Mara, Senate Print 4744A, an
9 act to amend the Election Law.
10 ACTING PRESIDENT MARCELLINO: Read
11 the last section, please.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MARCELLINO: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 402, substituted earlier today by Member of the
22 Assembly Paulin, Assembly Print Number 263, an
23 act to amend the Election Law.
24 ACTING PRESIDENT MARCELLINO: Read
25 the last section.
3841
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MARCELLINO: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MARCELLINO:
7 Senator Stewart-Cousins to explain her vote.
8 SENATOR STEWART-COUSINS: Thank
9 you, Mr. President.
10 I rise to support this bill, but I
11 must say that it is a lesser version than the
12 bill that we passed and was signed into law when
13 we did this last year.
14 What this bill would do is allow
15 people who are in a polling place, in the wrong
16 polling place, be directed by street finders to
17 the correct polling place. That's what the
18 original legislation did. And there would be a
19 street finder that if you happen to be out of
20 your particular jurisdiction, they could direct
21 you to the correct place.
22 This reduces it to just being within
23 the political subdivision. So if I'm in the town
24 and I actually should be in another town, I won't
25 be able to know that because they will not be
3842
1 required to have street finders that actually
2 tell you, "No, you really need to go across
3 town."
4 I am sorry because I think that the
5 more access we can give to people, the more
6 likely they are to vote in the right place. But
7 obviously I am interested in making sure everyone
8 has an opportunity to vote, so I will support
9 this. But again, I think it's a lesser edition
10 of what we originally signed into law.
11 ACTING PRESIDENT MARCELLINO:
12 Senator Stewart-Cousins will be recorded in the
13 affirmative.
14 Announce the results, please.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 580, substituted earlier today by Member of the
20 Assembly Rodriguez, Assembly Print Number 6695,
21 an act to amend the Alcoholic Beverage Control
22 Law.
23 ACTING PRESIDENT MARCELLINO: Read
24 the last section, please.
25 THE SECRETARY: Section 2. This
3843
1 act shall take effect immediately.
2 ACTING PRESIDENT MARCELLINO: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: In relation to
6 Calendar Number 580, those recorded in the
7 negative are Senators Diaz, Fuschillo, Marcellino
8 and Martins.
9 Ayes, 58. Nays, 4.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 669, by Senator Carlucci, Senate Print 4818A, an
14 act to amend the Executive Law.
15 ACTING PRESIDENT MARCELLINO: Read
16 the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MARCELLINO: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MARCELLINO:
23 Senator Carlucci to explain his vote.
24 SENATOR CARLUCCI: Thank you,
25 Mr. President.
3844
1 This bill is an important bill, yet
2 very simple, to really save the State of New York
3 money.
4 Right now the Department of State is
5 mandated to send out a physical copy of the State
6 Registry to every city, village and town clerk of
7 the State of New York. What this bill does is
8 gives those cities, those towns, those villages
9 the option of simply accessing what is free of
10 charge right now, this information online.
11 So basically this brings this policy
12 up-to-date with modern society and the technology
13 we have available and saves New York's money. So
14 I'll be voting in the affirmative.
15 Thank you, Mr. President.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Carlucci will be recorded in the
18 affirmative.
19 Announce the results, please.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT MARCELLINO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 755, by Senator Klein, Senate Print 2789, an act
25 to amend the General Business Law.
3845
1 ACTING PRESIDENT MARCELLINO: Read
2 the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MARCELLINO: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 61. Nays,
9 1. Senator Squadron recorded in the negative.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 780, substituted earlier today by Member of the
14 Assembly Schimel, Assembly Print Number 7469, an
15 act to amend the Town Law.
16 ACTING PRESIDENT MARCELLINO: Read
17 the last section, please.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MARCELLINO: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 61. Nays,
24 1. Senator Rivera recorded in the negative.
25 ACTING PRESIDENT MARCELLINO: The
3846
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 902, by Senator Smith, Senate Print 3779, an act
4 to amend the Banking Law.
5 ACTING PRESIDENT MARCELLINO: Read
6 the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the first of January.
9 ACTING PRESIDENT MARCELLINO: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MARCELLINO:
13 Senator Smith to explain his vote.
14 SENATOR SMITH: Thank you very
15 much, Mr. President.
16 Just very briefly, I rise to, one,
17 thank my colleague as the chair of the Banking
18 Committee, Senator Griffo.
19 Colleagues, this is again a bill --
20 as you know, the foreclosure challenge that we
21 have with our constituents throughout this state
22 is immeasurable. This bill is another step
23 towards arresting what has become a very
24 challenging industry.
25 And I do hope that we will continue
3847
1 to move on pieces such as this, as ground zero is
2 an area in which I represent in Southeast Queens,
3 along with Senator Huntley, and these are bills
4 that will clearly have an impact on the mortgage
5 industry.
6 I vote yes, Mr. President.
7 ACTING PRESIDENT MARCELLINO:
8 Senator Smith will be recorded in the
9 affirmative.
10 Announce the results, please.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 903, by Senator Smith, Senate Print 3781, an act
16 to amend the Banking Law.
17 ACTING PRESIDENT MARCELLINO: Read
18 the last section.
19 THE SECRETARY: Section 11. This
20 act shall take effect on the 30th day.
21 ACTING PRESIDENT MARCELLINO: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MARCELLINO:
25 Senator Smith to explain his vote.
3848
1 SENATOR SMITH: Yes, thank you very
2 much, Mr. President and colleagues.
3 As the last bill deals with
4 licensing, this one actually deals with fraud and
5 actually puts a closer relationship between the
6 Banking Department and the AG's office.
7 And it is our hope, again, that
8 these bills will begin to send a message to those
9 in the mortgage industry that their days are
10 numbered and that we are watching and that we are
11 going to make sure that those who pursue the
12 American dream have the opportunity to have that
13 dream long-term and not short-term.
14 Thank you very much, Mr. President.
15 I'll be voting yes.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Smith will be recorded in the
18 affirmative.
19 Announce the results, please.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT MARCELLINO: The
22 bill is passed.
23 Senator Libous, that completes the
24 noncontroversial reading of the calendar.
25 I believe we have one bill that was
3849
1 laid aside for the controversial calendar.
2 SENATOR LIBOUS: Thank you,
3 Mr. President. At this time could we take up the
4 reading of the controversial calendar.
5 ACTING PRESIDENT MARCELLINO: Yes,
6 we can.
7 The Secretary will ring the bells,
8 please. Can we have all members in their seats
9 for the debate on this highly controversial bill.
10 The Secretary will read the
11 controversial calendar, Calendar Number 398,
12 S4208.
13 THE SECRETARY: Calendar Number
14 398, by Senator Griffo, Senate Print 4208, an act
15 to amend the Election Law.
16 SENATOR BRESLIN: Explanation.
17 ACTING PRESIDENT MARCELLINO:
18 Senator Griffo, Senator Breslin has asked for an
19 explanation.
20 SENATOR GRIFFO: Thank you,
21 Mr. President. Thank you, Senator Breslin.
22 This bill would guarantee -- in its
23 basic form, this bill guarantees that the
24 candidate that wins the most votes in all
25 50 states becomes the President of the United
3850
1 States. It's a bill that I've carried for a
2 couple of years. And then Senator Parker, I want
3 to thank him for his efforts in carrying the bill
4 over the last couple of years.
5 It's an issue from my perspective
6 that deals with our respect and appreciation for
7 the importance of each and every vote,
8 particularly in the 21st century, and also is
9 about relevancy for the State of New York. So in
10 essence, this bill would allow for the State of
11 New York to enter into an interstate compact
12 which would ensure that the state would award its
13 electoral votes to the winner of the national
14 popular vote in all 50 states.
15 And I'd be happy to answer any
16 questions.
17 ACTING PRESIDENT MARCELLINO:
18 Senator Gianaris.
19 SENATOR GIANARIS: Mr. President,
20 would the sponsor yield for a question or two?
21 SENATOR GRIFFO: Most certainly,
22 Senator Gianaris.
23 ACTING PRESIDENT MARCELLINO: The
24 Senator yields.
25 SENATOR GIANARIS: This bill is
3851
1 well-intentioned. I certainly understand where
2 it's coming from. But I'm concerned with the law
3 of unintended consequences for dealing with an
4 issue so important to the functioning of our
5 democracy and the selection of a president.
6 My question to the sponsor is,
7 currently, each state's electoral votes, how are
8 they determined? In other words, how is it
9 determined what number of electoral votes each
10 state has?
11 ACTING PRESIDENT MARCELLINO:
12 Senator Griffo.
13 SENATOR GRIFFO: Thank you,
14 Mr. President. Through you.
15 Senator Gianaris, there are a couple
16 of instances here. Obviously the vote will be
17 determined upon the Congressional
18 representation. And I don't know where we will
19 stand. I believe we'll be at 29, unfortunately,
20 in another year.
21 But it also -- so once we have that
22 number, this would be reflecting Article II of
23 the U.S. Constitution, which allows each state to
24 appoint in such manner as the legislature of that
25 state may direct.
3852
1 SENATOR GIANARIS: And if the
2 sponsor would continue to yield.
3 ACTING PRESIDENT MARCELLINO:
4 Senator Griffo, do you continue to yield?
5 SENATOR GRIFFO: Yes.
6 ACTING PRESIDENT MARCELLINO: He
7 yields.
8 SENATOR GIANARIS: I heard your
9 answer it's based on Congressional
10 representation. That is of course true. What
11 I'm trying to get at is, and the members of
12 Congress apportioned to a state are determined by
13 what method? Is it based on the population of a
14 state?
15 SENATOR GRIFFO: It is my
16 understanding that it is based on the per capita,
17 correct, Mr. President.
18 SENATOR GIANARIS: And if the
19 sponsor would continue to yield.
20 ACTING PRESIDENT MARCELLINO:
21 Senator Griffo, do you continue to yield?
22 SENATOR GRIFFO: Yes.
23 ACTING PRESIDENT MARCELLINO: He
24 yields.
25 SENATOR GIANARIS: Under this
3853
1 proposal, if enough states were to enter into
2 this compact, the election of a president would
3 then be determined by the number of votes -- or
4 whichever candidate receives the most number of
5 votes. Is that correct?
6 SENATOR GRIFFO: Yeah.
7 Mr. President, through you. It's my
8 understanding, Senator Gianaris, that this would
9 be a compact form. It would really not be able
10 to take effect until a number of states have come
11 collectively with enough electoral votes in order
12 to fulfill the mission, which is to elect the
13 president by assigning those electoral votes in
14 the states involved in the compact based upon the
15 winner of all the popular vote in all 50 states.
16 SENATOR GIANARIS: And if the
17 sponsor would continue to yield.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Griffo, do you continue to yield?
20 SENATOR GRIFFO: Yes.
21 SENATOR GIANARIS: What I'm trying
22 get at is the difference between the current
23 system and this compact if it were adopted by
24 enough states.
25 And as I understand it, the
3854
1 difference would be currently a state's relative
2 influence over the selection of a president is
3 based on its population. Whereas, if this system
4 were adopted by enough states, it would be based
5 simply on whoever receives the most votes at the
6 polls on Election Day.
7 SENATOR GRIFFO: Mr. President,
8 through you. Senator Gianaris, that is correct.
9 Basically, though, at this point in
10 time 47 states allocate a winner-take-all where,
11 if you win the popular vote in that particular
12 state, such as in New York, you would receive all
13 the electoral votes.
14 What this bill is intending to do is
15 to say that whoever wins the national popular
16 vote across all 50 states would be awarded the
17 electoral votes of the State of New York.
18 So it continues the Electoral
19 College, but it also makes New York State
20 relevant. Right now, many of the elections are
21 decided in battleground states and we see not a
22 lot of activity in the State of New York, for
23 instance, and other significant states.
24 But it doesn't diminish the smaller
25 states either, because in order to win the
3855
1 election you're going to have to garner as many
2 as votes as possible across the entire
3 50 states. So while you may look -- it's a
4 strategy perspective, how you will effectuate a
5 strategy in order to ensure that you win the
6 required 270 electoral votes to become president.
7 SENATOR GIANARIS: On the bill,
8 Mr. President.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Gianaris on the bill.
11 SENATOR GIANARIS: Thank you,
12 Senator Griffo.
13 I have several concerns with this
14 bill which I want to address briefly, one of
15 which is the difference in the relative strength
16 of states when it comes to the presidential
17 selection.
18 Currently a state has as much
19 influence as its electoral votes, which is based
20 on the population of the state. If we move to a
21 system where enough states enter into this
22 compact, a state's relative worth in the
23 presidential selection process becomes about
24 people who are registered to vote and voter
25 turnout.
3856
1 And what ends up happening is states
2 like New York that have large immigrant
3 populations, legal as well as not, that amount of
4 population is currently given influence through
5 the electoral vote system, where they are counted
6 for purposes of determining how many electoral
7 votes a state has.
8 Whereas, if we move to the system
9 that's proposed in this bill, we will have much
10 more of a determination made about how many
11 people are registered to vote -- and we know we
12 have lots of communities that aren't registered
13 in the numbers they should be; it will be based
14 on voter turnout, where again we could have a
15 situation where bad weather in one part of the
16 country can influence the outcome based on total
17 voter turnout.
18 That's a major concern of mine. I
19 have others, which is if we move to a system
20 where the major population centers will
21 undoubtedly get more attention, because that's
22 where the raw vote is, you have the ability for
23 those who are extremely wealthy to have
24 disproportionate influence because they could
25 saturate the media markets in the large cities
3857
1 that would obviously influence the most raw
2 number of votes.
3 And we are also, I believe,
4 tinkering with some very important principles
5 that were agreed upon by all the states when this
6 country was founded. There was a compromise
7 reached with the small states in this country
8 where they would have as much influence in the
9 presidential selection process as their members
10 of Congress, plus two, for their United States
11 Senators. And this would again tip that balance
12 state by state, which I think is not the way to
13 go forward.
14 Again, I think this is
15 well-intentioned. I appreciate where the sponsor
16 and the supporters are coming from. But it is a
17 major change in one of the most fundamental
18 aspects of our democracy, and I think any
19 solution should be dealt with constitutionally at
20 the federal level and then we can deal with
21 ratifying the constitutional amendment if it
22 comes back to us that way.
23 So I would be voting in the
24 negative. I encourage my colleagues to do the
25 same.
3858
1 ACTING PRESIDENT MARCELLINO:
2 Thank you, Senator Gianaris.
3 Senator Maziarz on the bill.
4 SENATOR MAZIARZ: Thank you very
5 much, Mr. President.
6 I rise in support of this
7 legislation. I commend Senator Griffo, the
8 sponsor.
9 It's sort of unusual to be in
10 support of it, because I read the bill and I read
11 the book that some of the advocates have
12 published about this. And to be honest with you,
13 I really think it kind of favors nationally one
14 political party over the other political party.
15 And honestly, I don't think it favors the
16 political party that I happen to be a member of.
17 If this system had been in place in
18 2000, God help us all, Al Gore would have been
19 elected President of the United States.
20 UNIDENTIFIED SENATOR: He was.
21 (Laughter.)
22 SENATOR MAZIARZ: However, in 2004,
23 the election would not have even been close.
24 George W. Bush would have won the race.
25 I think the problem is -- and, you
3859
1 know, I would love to stand here and say that no
2 disrespect meant to my friends in New Hampshire
3 and Iowa -- except I don't have any friends in
4 New Hampshire and Iowa.
5 (Laughter.)
6 SENATOR MAZIARZ: But, you know,
7 New Hampshire, Iowa, small states are choosing
8 the leader of the free world.
9 Now, I don't have any problem with
10 that except -- well, I do have a problem with
11 that. You know, I think that when larger states
12 are pretty much kept out of the decision-making
13 process, that's not good for democracy.
14 As I said, personally I think it
15 kind of favors the Democratic Party over the
16 Republican Party. But, you know, that's just the
17 way it is. The majority, the majority who
18 gets -- the person who gets the majority vote
19 should be elected.
20 I've thought for a long time that
21 the whole Electoral College process was something
22 that may have worked, you know, 200-plus years
23 ago, but it doesn't work today.
24 So I'm certain, absolutely certain
25 that if Al Gore were standing here today, he
3860
1 would say he would be in favor of this particular
2 bill.
3 Thank you, Mr. President.
4 ACTING PRESIDENT MARCELLINO:
5 Senator Gianaris.
6 SENATOR GIANARIS: Would Senator
7 Maziarz yield for a very quick question.
8 ACTING PRESIDENT MARCELLINO:
9 Senator Maziarz, would you yield for a very quick
10 question?
11 SENATOR MAZIARZ: Yes, I would,
12 Mr. President.
13 SENATOR GIANARIS: Just a point of
14 clarification.
15 Of course the influence of Iowa and
16 New Hampshire are relative to the nominating
17 process, which this bill would not change in any
18 way, shape or form. So in fact their influence
19 is relative to the parties choosing their
20 candidates, not to the election in November.
21 Would you agree with that?
22 SENATOR MAZIARZ: Right. But the
23 two major-party candidates are selected by some
24 very small states, a small number of individuals
25 that choose the two major-party candidates. And
3861
1 usually the Republican wins anyways.
2 Thank you, Mr. President.
3 ACTING PRESIDENT MARCELLINO: Thank
4 you, Senator Maziarz.
5 Senator Rivera. On the bill?
6 SENATOR RIVERA: Thank you,
7 Mr. President. On the bill.
8 ACTING PRESIDENT MARCELLINO:
9 Senator Rivera on the bill.
10 SENATOR RIVERA: I will be very
11 brief. I will be supportive of this
12 legislation. Thank you, Senator Griffo, for
13 bringing it to us.
14 I will be -- and it is not every day
15 that I disagree with my colleague Senator
16 Gianaris, but I do in a very strong way. As a
17 political science professor for the last decade,
18 I remember very clearly every time that I've
19 tried to explain the Electoral College to my
20 students and the quizzical looks that I get back
21 from them, saying "So you're trying to tell me
22 that there is the possibility that somebody might
23 not actually get more people to vote for him or
24 her but actually become the President of the
25 United States?" And I've said, "Yes, that's
3862
1 exactly the way the system works now."
2 So I am very supportive of this
3 effort nationally and here in New York, and I
4 will be voting in the affirmative on this bill
5 and I hope that my colleagues do the same.
6 Thank you, Mr. President.
7 ACTING PRESIDENT MARCELLINO: Thank
8 you, Senator Rivera.
9 Senator Diaz, why do you rise?
10 SENATOR DIAZ: On the bill,
11 Mr. President.
12 ACTING PRESIDENT MARCELLINO:
13 Senator Diaz on the bill.
14 SENATOR DIAZ: I just had to agree
15 with Senator Maziarz when he said that this bill
16 tends to benefit the Democrat more than the
17 Republican.
18 And if that is the case, I have to
19 praise Senator Griffo for a Republican submitting
20 a bill that will benefit us Democrats. And this
21 is an indication of how this business is done
22 here.
23 So, Senator Griffo, thank you very
24 much for this bill. And I'm supporting this
25 bill, and I'm very proud of you for submitting
3863
1 this bill and you, Senator Maziarz, for speaking
2 on behalf of the bill.
3 Thank you.
4 ACTING PRESIDENT MARCELLINO: Any
5 other Senator wishing to be heard?
6 Debate is closed. Can we ring the
7 bells, please.
8 Read the last section, please.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MARCELLINO: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MARCELLINO:
15 Senator Squadron to explain his vote.
16 SENATOR SQUADRON: Thank you,
17 Mr. President.
18 I thank Senator Gianaris for the
19 points he raised.
20 Look, we all know the Electoral
21 College is far from perfect. We all know that if
22 we were setting up the nation today, it's not the
23 system we would set up.
24 But there's also no doubt that it
25 creates protections for this country, it creates
3864
1 protections in terms of how you run for the
2 highest office in this land, the most powerful
3 job in the world. You need to run multiple
4 campaigns. You need to appeal to multiple groups
5 of people in different ways. You need to be able
6 to communicate at a retail level and in that
7 very, very expensive way on the airwaves.
8 ACTING PRESIDENT MARCELLINO:
9 Senator Squadron, excuse me.
10 Can we have some quiet, please.
11 (Gaveling.) Thank you very much.
12 SENATOR SQUADRON: Thank you,
13 Mr. President.
14 The Electoral College is far from
15 ideal, but it provides protections today against
16 a simple run for that 50.1 percent of the vote.
17 It creates a different dynamic, and it's a
18 positive dynamic for the entire country. We're
19 not just a country of 50.1, we're a country of
20 many groups, many regions, many interests. And
21 the Electoral College, while imperfect, is the
22 best we have.
23 I vote no, Mr. President.
24 ACTING PRESIDENT MARCELLINO:
25 Senator Squadron will be recorded in the
3865
1 negative.
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar Number 398, those recorded in the
5 negative are Senators Ball, Gianaris, Johnson,
6 Lanza, Little, Marcellino, Saland, Seward, and
7 Squadron. Also Senator Nozzolio.
8 Absent from voting are Senators
9 Grisanti, C. Kruger and Peralta.
10 Ayes, 49. Nays, 10.
11 ACTING PRESIDENT MARCELLINO: The
12 bill is passed.
13 Senator Libous, that completes the
14 reading of the controversial calendar.
15 SENATOR LIBOUS: Mr. President, on
16 behalf of Senator Maziarz, could we return to
17 motions, please.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Libous, we have another adjustment in the
20 tally on the last bill, please.
21 SENATOR LIBOUS: Proceed with the
22 adjustment, please, Mr. President.
23 ACTING PRESIDENT MARCELLINO:
24 Senator Grisanti, how do you vote?
25 Can we reannounce the results,
3866
1 please, on the passed bill.
2 THE SECRETARY: In relation to
3 Calendar Number 398, those recorded in the
4 negative are Senators Ball, Gianaris, Johnson,
5 Lanza, Little, Marcellino, McDonald, Nozzolio,
6 O'Mara, Saland, Seward and Squadron.
7 Absent from voting: Senators C.
8 Kruger and Peralta.
9 Ayes, 48. Nays, 12.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Also Senator Farley
13 recorded in the negative.
14 Ayes, 47. Nays, 13.
15 Absent from voting, Senators C.
16 Kruger and Peralta.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is still passed.
19 Can we return to motions and
20 resolutions, please.
21 SENATOR LIBOUS: Mr. President,
22 could I have some order in the chamber? Because
23 we have not adjourned yet.
24 ACTING PRESIDENT MARCELLINO: I'd
25 love to.
3867
1 Senator Libous is requesting order
2 in the chamber.
3 SENATOR LIBOUS: Thank you,
4 Mr. President --
5 ACTING PRESIDENT MARCELLINO:
6 You're welcome, sir.
7 SENATOR LIBOUS: -- for cooperating
8 with me. I appreciate that.
9 Could we return to motions and
10 resolutions, please.
11 ACTING PRESIDENT MARCELLINO: We'd
12 love to return to motions and resolutions.
13 Senator Libous.
14 SENATOR LIBOUS: Thank you,
15 Mr. President.
16 At this time, on behalf of Senator
17 Maziarz, on page 18 I offer the following
18 amendments to Calendar Number 132, Senate Print
19 2913B, and ask that said bill retain its place on
20 Third Reading Calendar.
21 ACTING PRESIDENT MARCELLINO: The
22 amendments are received. The bill will retain
23 its place on the Third Reading Calendar.
24 SENATOR LIBOUS: And,
25 Mr. President, on behalf of Senator Farley, on
3868
1 page 58 I offer the following amendments to
2 Calendar Number 882, Senate Print 3412, and ask
3 that the bill retain its place on the Third
4 Reading Calendar.
5 ACTING PRESIDENT MARCELLINO: The
6 amendments are received, and the bill will retain
7 its place on the Third Reading Calendar.
8 Senator Libous.
9 SENATOR LIBOUS: Mr. President,
10 we're going to adjourn in a minute. But we just
11 want to -- because next week is going to be a
12 full week, I just want to make sure that the
13 starting time on Monday is correct. I believe
14 the document in front of me might have been
15 printed earlier than the time that a decision was
16 made, so bear with me.
17 (Pause.)
18 SENATOR LIBOUS: Mr. President, I'm
19 quite impressed with the ability you have to
20 quiet the chamber.
21 ACTING PRESIDENT MARCELLINO:
22 Twenty years of teaching can do that.
23 (Laughter.)
24 SENATOR LIBOUS: I just want to
25 make sure we have the right time for Monday.
3869
1 ACTING PRESIDENT MARCELLINO: It's
2 always good to have the right time.
3 SENATOR LIBOUS: All right,
4 Mr. President. There being no further business,
5 the Senate will stand adjourned until Monday,
6 June 13th, at 2:00 p.m., intervening days to be
7 legislative days.
8 ACTING PRESIDENT MARCELLINO: There
9 being no further business, the Senate stands
10 adjourned until Monday, June 13th, at 2:00 p.m.,
11 intervening days being legislative days.
12 (Whereupon, at 3:28 p.m., the Senate
13 adjourned.)
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