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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