Regular Session - June 13, 2011

                                                                   3885

 1              NEW YORK STATE SENATE

 2                        

 3                        

 4             THE STENOGRAPHIC RECORD

 5                        

 6                        

 7                        

 8                        

 9                ALBANY, NEW YORK

10                  June 13, 2011

11                    2:17 p.m.

12                        

13                        

14                 REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH A. GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               3886

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise and 

 5   join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   I ask 

10   all to extend their heads in a moment of 

11   silent prayer.  

12                And I would ask all to please 

13   keep the memory of a slain police officer in 

14   Oneida County, Deputy Sheriff Kurt Wyman.  

15                (Whereupon, the assemblage 

16   respected a moment of silence.)

17                ACTING PRESIDENT GRIFFO:   The 

18   reading of the Journal.

19                THE SECRETARY:   In Senate, Sunday, 

20   June 12th, the Senate met pursuant to 

21   adjournment.  The Journal of Saturday, June 11th, 

22   was read and approved.  On motion, Senate 

23   adjourned.

24                ACTING PRESIDENT GRIFFO:   Without 

25   objection, the Journal stands approved as read.

                                                               3887

 1                Presentation of petitions.

 2                Messages from the Assembly.

 3                The Secretary will read.

 4                THE SECRETARY:   On page 25, Senator 

 5   Grisanti moves to discharge, from the Committee 

 6   on Environmental Conservation, Assembly Bill 

 7   Number 5318A and substitute it for the identical 

 8   Senate Bill Number 3798, Third Reading Calendar 

 9   170.

10                ACTING PRESIDENT GRIFFO:   

11   Substitution so ordered.

12                THE SECRETARY:   On page 27, Senator 

13   Klein moves to discharge, from the Committee on 

14   Mental Health and Development Disabilities, 

15   Assembly Bill Number 2059 and substitute it for 

16   the identical Senate Bill Number 3251, Third 

17   Reading Calendar 222.

18                ACTING PRESIDENT GRIFFO:    

19   Substitution so ordered.

20                THE SECRETARY:   On page 31, Senator 

21   Martins moves to discharge, from the Committee on 

22   Local Government, Assembly Bill Number 6334 and 

23   substitute it for the identical Senate Bill 

24   Number 4047, Third Reading Calendar 331.

25                ACTING PRESIDENT GRIFFO:   The 

                                                               3888

 1   substitution is so ordered.

 2                THE SECRETARY:   On page 32, Senator 

 3   DeFrancisco moves to discharge, from the 

 4   Committee on Judiciary, Assembly Bill Number 5022 

 5   and substitute it for the identical Senate Bill 

 6   Number 3179, Third Reading Calendar 356.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   substitution is so ordered.

 9                THE SECRETARY:   On page 32, Senator 

10   Marcellino moves to discharge, from the Committee 

11   on Investigations and Government Operations, 

12   Assembly Bill Number 7262 and substitute it for 

13   the identical Senate Bill Number 4030, Third 

14   Reading Calendar 362.

15                ACTING PRESIDENT GRIFFO:    

16   Substitution is so ordered.

17                THE SECRETARY:   On page 38, Senator 

18   Young moves to discharge, from the Committee on 

19   Investigations and Government Operations, 

20   Assembly Bill Number 6967 and substitute it for 

21   the identical Senate Bill Number 4022, Third 

22   Reading Calendar 480.

23                ACTING PRESIDENT GRIFFO:    

24   Substitution so ordered.

25                THE SECRETARY:   On page 39, Senator 

                                                               3889

 1   Marcellino moves to discharge, from the Committee 

 2   on Health, Assembly Bill Number 6902A and 

 3   substitute it for the identical Senate Bill 

 4   Number 4622A, Third Reading Calendar 522.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   On page 44, Senator 

 8   Parker moves to discharge, from the Committee on 

 9   Energy and Telecommunications, Assembly Bill 

10   Number 28 and substitute it for the identical 

11   Senate Bill Number 1149, Third Reading Calendar 

12   608.

13                ACTING PRESIDENT GRIFFO:   The 

14   substitution is so ordered.

15                THE SECRETARY:   On page 44, Senator 

16   Maziarz moves to discharge, from the Committee on 

17   Energy and Telecommunications, Assembly Bill 

18   Number 5525A and substitute it for the identical 

19   Senate Bill Number 4548, Third Reading Calendar 

20   609.

21                ACTING PRESIDENT GRIFFO:    

22   Substitution so ordered.

23                THE SECRETARY:   On page 44, Senator 

24   Marcellino moves to discharge, from the Committee 

25   on Energy and Telecommunications, Assembly Bill 

                                                               3890

 1   Number 1474 and substitute it for the identical 

 2   Senate Bill Number 4849, Third Reading Calendar 

 3   610.

 4                ACTING PRESIDENT GRIFFO:    

 5   Substitution so ordered.

 6                THE SECRETARY:   On page 49, Senator 

 7   LaValle moves to discharge, from the Committee on 

 8   Cultural Affairs and Tourism, Assembly Bill 

 9   Number 5763 and substitute it for the identical 

10   Senate Bill Number 4473, Third Reading Calendar 

11   675.

12                ACTING PRESIDENT GRIFFO:    

13   Substitution so ordered.

14                THE SECRETARY:   On page 49, Senator 

15   Seward moves to discharge, from the Committee on 

16   Environmental Conservation, Assembly Bill Number 

17   4729A and substitute it for the identical Senate 

18   Bill Number 2363A, Third Reading Calendar 681.

19                ACTING PRESIDENT GRIFFO:    

20   Substitution ordered.

21                THE SECRETARY:   On page 55, Senator 

22   Golden moves to discharge, from the Committee on 

23   Civil Service and Pensions, Assembly Bill Number 

24   5738 and substitute it for the identical Senate 

25   Bill Number 4131, Third Reading Calendar 788.

                                                               3891

 1                ACTING PRESIDENT GRIFFO:    

 2   Substitution ordered.

 3                THE SECRETARY:   On page 57, Senator 

 4   Young moves to discharge, from the Committee on 

 5   Labor, Assembly Bill Number 2129B and substitute 

 6   it for the identical Senate Bill Number 4940B, 

 7   Third Reading Calendar 821.

 8                ACTING PRESIDENT GRIFFO:    

 9   Substitution ordered.

10                THE SECRETARY:   On page 57, Senator 

11   Alesi moves to discharge, from the Committee on 

12   Labor, Assembly Bill Number 7268 and substitute 

13   it for the identical Senate Bill Number 4953, 

14   Third Reading Calendar 822.

15                ACTING PRESIDENT GRIFFO:    

16   Substitution is so ordered.

17                THE SECRETARY:   On page 58, Senator 

18   LaValle moves to discharge, from the Committee on 

19   Higher Education, Assembly Bill Number 7073 and 

20   substitute it for the identical Senate Bill 

21   Number 5376, Third Reading Calendar 827.

22                ACTING PRESIDENT GRIFFO:    

23   Substitution ordered.

24                THE SECRETARY:   On page 59, Senator 

25   Marcellino moves to discharge, from the Committee 

                                                               3892

 1   on Investigations and Government Operations, 

 2   Assembly Bill Number 7668 and substitute it for 

 3   the identical Senate Bill Number 5261A, Third 

 4   Reading Calendar 841.

 5                ACTING PRESIDENT GRIFFO:    

 6   Substitution so ordered.

 7                THE SECRETARY:   On page 62, Senator 

 8   Martins moves to discharge, from the Committee on 

 9   Local Government, Assembly Bill Number 7387A and 

10   substitute it for the identical Senate Bill 

11   Number 5138A, Third Reading Calendar 875.

12                ACTING PRESIDENT GRIFFO:    

13   Substitution so ordered.

14                THE SECRETARY:   On page 63, Senator 

15   Carlucci moves to discharge, from the Committee 

16   on Local Government, Assembly Bill Number 5566 

17   and substitute it for the identical Senate Bill 

18   Number 4294, Third Reading Calendar 885.

19                ACTING PRESIDENT GRIFFO:    

20   Substitution ordered.

21                THE SECRETARY:   On page 64, Senator 

22   Marcellino moves to discharge, from the Committee 

23   on Insurance, Assembly Bill Number 1007 and 

24   substitute it for the identical Senate Bill 

25   Number 928, Third Reading Calendar 895.  

                                                               3893

 1                ACTING PRESIDENT GRIFFO:    

 2   Substitution so ordered.

 3                THE SECRETARY:   On page 65, Senator 

 4   Young moves to discharge, from the Committee on 

 5   Judiciary, Assembly Bill Number 408 and 

 6   substitute it for the identical Senate Bill 

 7   Number 2779, Third Reading Calendar 908.

 8                ACTING PRESIDENT GRIFFO:    

 9   Substitution so ordered.

10                THE SECRETARY:   On page 68, Senator 

11   Saland moves to discharge, from the Committee on 

12   Agriculture, Assembly Bill Number 20 and 

13   substitute it for the identical Senate Bill 

14   Number 3626, Third Reading Calendar 933.

15                ACTING PRESIDENT GRIFFO:    

16   Substitution so ordered.

17                THE SECRETARY:   And on page 71, 

18   Senator DeFrancisco moves to discharge, from the 

19   Committee on Investigations and Government 

20   Operations, Assembly Bill Number 7238 and 

21   substitute it for the identical Senate Bill 

22   Number 3946, Third Reading Calendar 962.

23                ACTING PRESIDENT GRIFFO:    

24   Substitution so ordered.

25                Messages from the Governor.

                                                               3894

 1                Reports of standing committees.

 2                Reports of select committees.

 3                Communications and reports from 

 4   state officers.

 5                Motions and resolutions.

 6                Senator Breslin.

 7                SENATOR BRESLIN:   Thank you, 

 8   Mr. President.

 9                On behalf of Senator Kennedy, on 

10   page number 36 I offer the following amendments 

11   to Calendar Number 424, Print Number 3109, and 

12   ask that the said bill retain its place on the 

13   Third Reading Calendar.

14                ACTING PRESIDENT GRIFFO:   The 

15   amendments are received, and the bill will retain 

16   its place on third reading.

17                SENATOR BRESLIN:   Thank you, 

18   Mr. President.

19                On behalf of Senator Dilan, on page 

20   number 69 I offer the following amendments to 

21   Calendar Number 945, Senate Print Number 1357A, 

22   and ask that the bill retain its place on the 

23   Third Reading Calendar.

24                ACTING PRESIDENT GRIFFO:   The 

25   amendments are received, and the bill will retain 

                                                               3895

 1   its place on third reading.

 2                Senator Breslin.

 3                SENATOR BRESLIN:   Mr. President, on 

 4   behalf of Senator Espaillat, I wish to call up 

 5   his bill, Senate Print Number 1880, recalled from 

 6   the Assembly, which is now at the desk.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   220, by Senator Espaillat, Senate Print 1880, an 

11   act to amend the General Business Law.

12                SENATOR BRESLIN:   Mr. President, I 

13   now move to reconsider the vote by which this 

14   bill was passed.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll on reconsideration.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 50.

19                SENATOR BRESLIN:   Mr. President, I 

20   now offer the following amendments.

21                ACTING PRESIDENT GRIFFO:   The 

22   amendments are received.

23                SENATOR BRESLIN:   Thank you, 

24   Mr. President.

25                ACTING PRESIDENT GRIFFO:   Thank 

                                                               3896

 1   you, Senator Breslin.

 2                Senator Valesky.

 3                SENATOR VALESKY:   Thank you, 

 4   Mr. President.

 5                On behalf of myself, on page 52 I 

 6   offer the following amendments to Calendar Number 

 7   752, Senate Bill 4796A, and ask that said bill 

 8   retain its place on the Third Reading Calendar.

 9                ACTING PRESIDENT GRIFFO:   The 

10   amendments are received, and the bill will retain 

11   its place on third reading.

12                SENATOR VALESKY:   On page 66, I 

13   offer the following amendments to Calendar Number 

14   913 -- this is on behalf of Senator Savino -- 

15   Senate Bill Number 4091A, and ask that said bill 

16   retain its place on the Third Reading Calendar.

17                ACTING PRESIDENT GRIFFO:   The 

18   amendments are received, and the bill will retain 

19   its place on the Third Reading Calendar.

20                SENATOR VALESKY:   And also on 

21   behalf of Senator Savino, on page 54 I offer the 

22   following amendments to Calendar Number 781, 

23   Senate Bill 4038A, and ask that that bill retain 

24   its place on the Third Reading Calendar.

25                ACTING PRESIDENT GRIFFO:   The 

                                                               3897

 1   amendments are received, and the bill will retain 

 2   its place on third reading.

 3                Thank you, Senator Valesky.

 4                Senator Libous.

 5                SENATOR LIBOUS:   Thank you, 

 6   Mr. President.  I have a number of housekeeping 

 7   items here.  

 8                So, Mr. President, on behalf of 

 9   Senator Ritchie, I move to commit Senate Print 

10   Number 4340, Calendar Number 934 on the order of 

11   third reading, to the Committee on Finance. 

12                ACTING PRESIDENT GRIFFO:   So 

13   ordered.

14                SENATOR LIBOUS:   Mr. President, I 

15   move the following bill be discharged from its 

16   respective committee and be recommitted with 

17   instructions to strike the enacting clause:  

18   5708.  That's on behalf of Senator Skelos.

19                ACTING PRESIDENT GRIFFO:   So 

20   ordered.

21                SENATOR LIBOUS:   On behalf of 

22   Senator Zeldin, I wish to call up his print, 

23   3901, recalled from the Assembly, which is now at 

24   the desk.

25                ACTING PRESIDENT GRIFFO:   The 

                                                               3898

 1   Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   206, by Senator Zeldin, Senate Print 3901, an act 

 4   to amend the Military Law.

 5                SENATOR LIBOUS:   Mr. President, I 

 6   now move to reconsider the vote by which this 

 7   bill was passed.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll on reconsideration.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 50.

12                SENATOR LIBOUS:   Mr. President, I 

13   now offer up the following amendments.

14                ACTING PRESIDENT GRIFFO:   The 

15   amendments are received.

16                SENATOR LIBOUS:   Mr. President, on 

17   behalf of Senator Lanza, please call up Print 

18   Number 4377, recalled from the Assembly, which is 

19   now at the desk.

20                ACTING PRESIDENT GRIFFO:   The 

21   Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   315, by Senator Lanza, Senate Print 4377, an act 

24   to amend the General City Law.

25                SENATOR LIBOUS:   I now move to 

                                                               3899

 1   reconsider the vote by which this bill was 

 2   passed.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll on reconsideration.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 50.

 7                SENATOR LIBOUS:   Mr. President, I 

 8   now offer up the following amendments.

 9                ACTING PRESIDENT GRIFFO:   The 

10   amendments are received.

11                SENATOR LIBOUS:   Mr. President, on 

12   behalf of Senator LaValle, I wish to call up 

13   Senate Print 1457, recalled from the Assembly, 

14   which is now at the desk.

15                ACTING PRESIDENT GRIFFO:   The 

16   Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   521, by Senator LaValle, Senate Print 1457, an 

19   act to amend the Public Health Law.

20                SENATOR LIBOUS:   I now move to 

21   reconsider the vote by which this bill was 

22   passed.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll on reconsideration.

25                (The Secretary called the roll.)

                                                               3900

 1                THE SECRETARY:   Ayes, 50.

 2                SENATOR LIBOUS:   Mr. President, I 

 3   offer up the following amendments.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   amendments are received.

 6                SENATOR LIBOUS:   Mr. President, I 

 7   have amendments that I want to offer up to the 

 8   following Third Reading Calendar bills.  

 9                And I'll start with my own.  Senator 

10   Libous, on page 23, Calendar Number 106, Senate 

11   Print 2462A.  

12                Senator Bonacic, on page 27, 

13   Calendar Number 225, Senate Print 2143C.  

14                Senator Larkin, page 29, Calendar 

15   Number 279, Senate Print 3111A.  

16                Senator DeFrancisco, page 35, 

17   Calendar Number 420, Senate Print 3293A.

18                Senator Maziarz, on page 42, 

19   Calendar Number 526, Senate Print 519B.

20                Senator Skelos, on page 46, Calendar 

21   Number 637, Senate Print 4264A.  

22                Again, Senator Skelos, on page 47, 

23   Calendar Number 644, Senate Print 4893A.  

24                On behalf of Senator Zeldin, page 

25   51, Calendar Number 730, Senate Print 4723A.  

                                                               3901

 1                On behalf of Senator LaValle, 

 2   page 60, Calendar Number 855, Senate Print 3834.

 3                We have Senator Farley, on page 60, 

 4   Calendar Number 857, Senate Print 4053.  

 5                On behalf of Senator Golden, page 

 6   41, Calendar Number 553, Senate Print 4507.

 7                On behalf of Senator McDonald, on 

 8   page 44, Calendar Number 602, Senate Print 

 9   2153A.  

10                On behalf of Senator McDonald, on 

11   page 57, Calendar Number 811, Senate Print 2160.

12                On behalf of Senator Saland, on 

13   page 29, Calendar Number 292, Senate Print 

14   4244B.  

15                On behalf of Senator Saland, on 

16   page 41, Calendar Number 564, Senate Print 5170.  

17                On behalf of Senator Zeldin, on 

18   page 47, Calendar Number 640, Senate Print 4601.

19                On behalf of Senator Zeldin, on 

20   page 66, Calendar Number 921, Senate Print 5477.

21                Mr. President, on behalf of you, 

22   Senator Griffo, on page 71, Calendar Number 967, 

23   Senate Print 3322.

24                On behalf of Senator Marcellino, on 

25   page 32, Calendar Number 361, Senate Print 4014.

                                                               3902

 1                On behalf of Senator Maziarz, 

 2   page 29, Calendar Number 276, Senate Print 3914.

 3                On behalf of Senator Zeldin, 

 4   page 47, Calendar Number 641, Senate Print 4607.

 5                On behalf of Senator Zeldin, 

 6   page 62, Calendar Number 873, Senate Print 4545.  

 7                On behalf of Senator Maziarz, 

 8   page 33, Calendar Number 384, Senate Print 3755.  

 9                On behalf of Senator Zeldin, 

10   page 47, Calendar Number 639, Senate Print 

11   4600A.  

12                And, Mr. President, on behalf of 

13   Senator Skelos, on page 47, Calendar Number 646, 

14   Senate Print 4941A.

15                Mr. President, I now move that these 

16   bills retain their place on the Third Reading 

17   Calendar.

18                ACTING PRESIDENT GRIFFO:   All in 

19   one breath.  Very impressive.

20                All the amendments are received, and 

21   the bills shall retain their place on the Third 

22   Reading Calendar.

23                Senator Libous.

24                SENATOR LIBOUS:   Mr. President, 

25   there's a resolution at the desk by Senator 

                                                               3903

 1   Lanza.  Could we read the title and then move for 

 2   its immediate adoption.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Legislative 

 6   Resolution Number 2402, by Senator Lanza, 

 7   recognizing that the Citizens Stamp Advisory 

 8   Committee is contemplating a recommendation to 

 9   issue a commemorative postage stamp honoring 

10   civil rights workers Andrew Goodman, James 

11   Chaney, and Michael Schwerner, and the "Freedom 

12   Summer" of 1964.

13                ACTING PRESIDENT GRIFFO:   The 

14   question is on the resolution.  All in favor 

15   signify by saying aye.

16                (Response of "Aye.")

17                ACTING PRESIDENT GRIFFO:   Opposed, 

18   nay.

19                (No response.)

20                ACTING PRESIDENT GRIFFO:   The 

21   resolution is adopted.

22                The chair would like at this point 

23   in time to recognize the presence of Mr. David 

24   Goodman, the brother of slain civil rights 

25   advocate Andrew Goodman, and his wife Sylvia, who 

                                                               3904

 1   are in the chamber.  Thank you for honoring us 

 2   today.

 3                Senator Libous.

 4                SENATOR LIBOUS:   Thank you, 

 5   Mr. President.  

 6                There's a resolution at the desk by 

 7   Senator Adams.  We'd like it read in its entirety 

 8   and then move for its adoption.

 9                SENATOR LIBOUS:   Thank you, 

10   Mr. President.  

11                There's a resolution at the desk by 

12   Senator Adams.  We'd like it read in its entirety 

13   and then move for its adoption.

14                ACTING PRESIDENT GRIFFO:   The 

15   Secretary will read.

16                THE SECRETARY:   Legislative 

17   resolution by Senator Adams, memorializing 

18   Governor Andrew M. Cuomo to proclaim June 13, 

19   2011, as Korean American Day in the State of 

20   New York.

21                "WHEREAS, It is the sense of this 

22   Legislative Body, in keeping with its 

23   time-honored traditions, to recognize and pay 

24   tribute to those organizations which foster 

25   ethnic pride and enhance the profile of cultural 

                                                               3905

 1   diversity which strengthens the fabric of the 

 2   communities of New York State; and 

 3                "WHEREAS, When the sons and 

 4   daughters of other nations move to the United 

 5   States, the traditions they carry with them 

 6   greatly enhance and strengthen the American 

 7   population; and 

 8                "WHEREAS, Attendant to such concern, 

 9   and in full accord with its long-standing 

10   traditions, this Legislative Body is justly proud 

11   to memorialize Governor Andrew M. Cuomo to 

12   proclaim Monday, June 13, 2011, as Korean 

13   American Day in the State of New York; and 

14                "WHEREAS, The following 

15   organizations will be participating in this 

16   year's Korean American Day:  The Korean-American 

17   Association of Greater New York, The Korean- 

18   American Association of Queens, New York, 

19   Korean-American Association of Brooklyn, 

20   New York, Korean-American Association of 

21   Staten Island, New York, Korean-American 

22   Association of Long Island, New York, Mt. Vernon 

23   Korean Association of New York, Korean-American 

24   Society of Connecticut, Korean-American 

25   Association of New Jersey, Korean-American 

                                                               3906

 1   Association of Bergen, New Jersey, Korean Cuisine 

 2   Globalization Committee USA, and New York 

 3   Academy; and 

 4                "WHEREAS, In December 1902, 56 men, 

 5   21 women, and 25 children left Korea and traveled 

 6   across the Pacific Ocean on the S.S. Gaelic and 

 7   landed in Honolulu, Hawaii, on January 13, 1903; 

 8   and 

 9                "WHEREAS, In the early 1950s, 

10   thousands of Koreans, fleeing from war, poverty, 

11   and desolation, came to the United States seeking 

12   opportunities; and 

13                "WHEREAS, Korean-Americans, like 

14   waves of immigrants that came to the United 

15   States before them, have taken root and thrived 

16   in the United States through strong family ties, 

17   community support, and hard work; and 

18                "WHEREAS, The partnership of the 

19   United States and South Korea helps maintain 

20   peace and stability in the Asia-Pacific region 

21   and provides economic benefits to the people of 

22   both nations and the rest of the world; and 

23                "WHEREAS, The contributions of 

24   Korean Americans to the United States include the 

25   development of the first beating heart operation 

                                                               3907

 1   for coronary artery disease, the development of 

 2   several varieties of the nectarine, and 

 3   achievements in engineering, architecture, 

 4   medicine, acting, singing, sculpture and writing; 

 5   and 

 6                "WHEREAS, The State of New York is 

 7   fortunate to have in its midst a substantial 

 8   number of citizens who trace their origins to 

 9   Korea; and 

10                "WHEREAS, The unique beauty of 

11   Korean culture, and the contribution of its 

12   people to literature, the arts and sciences, and 

13   to the economy are well-known and 

14   well-appreciated around the world.  The 

15   contributions of Korean-Americans are especially 

16   bountiful throughout the Empire State and are 

17   distinguished by their excellence; now, 

18   therefore, be it 

19                "RESOLVED, That this Legislative 

20   Body pause in its deliberations to memorialize 

21   Governor Andrew M. Cuomo to proclaim Monday, 

22   June 13, 2011, as Korean American Day in the 

23   State of New York; and be it further 

24                "RESOLVED, That copies of this 

25   resolution, suitably engrossed, be transmitted to 

                                                               3908

 1   the Honorable Andrew M. Cuomo, Governor of the 

 2   State of New York, and to the aforementioned 

 3   organizations."

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Stavisky on the resolution.

 6                SENATOR STAVISKY:   Thank you, 

 7   Mr. President.  On the resolution.  

 8                And I'm delighted to welcome to the 

 9   chamber representatives of many of the groups 

10   today.  There are too many to name, but we do 

11   recognize the contributions.

12                And the history goes back to 1902, 

13   when -- I want to get the numbers correct -- 

14   56 men, 21 women, and 25 children left Korea on 

15   the S.S. Gaelic, which I think is ironic, and 

16   landed in Honolulu, Hawaii, on January 13, 1903.  

17   And throughout the ensuing years Korean-Americans 

18   have come to the United States seeking a better 

19   life.  

20                And I must say, I am so proud -- I 

21   say it all the time, but I am so proud to 

22   represent so many Korean-Americans in my Senate 

23   district in Queens County, but also really 

24   throughout the throughout the state.

25                Flushing was a community in decline 

                                                               3909

 1   in the 1960s and '70s, and the Asian-Americans 

 2   came and revitalized the entire county.  We have 

 3   businesses that are thriving.  We have people 

 4   involved in the community, in the civic 

 5   activities.  And the new Americans have done so 

 6   much to make not only Queens County but the 

 7   entire state an example of what happens with 

 8   revitalization.  We've had almost a renaissance, 

 9   where new ideas and new traditions and an 

10   exchange of cultural traditions has occurred.  

11                And we are delighted to welcome so 

12   many representatives from the entire state, 

13   actually, as well as the neighboring states, to 

14   Albany.  The Korean-Americans have distinguished 

15   themselves in so many areas in the community and 

16   in the state.  And as I said, I'm delighted to 

17   welcome them and recognize their unique 

18   contributions.

19                So, Mr. President, I thank you for 

20   the opportunity, and I welcome our friends.  And 

21   I say to you all, "Kamsahamnida."  

22                (Applause from the gallery.)

23                SENATOR STAVISKY:   And let me just 

24   add, Mr. President, that in the audience are the 

25   parents, the mother-in-law and father-in-law, of 

                                                               3910

 1   our friend Assemblywoman Grace Meng.  The Kye 

 2   family is up there in the gallery, and we welcome 

 3   them to Albany as well.  

 4                Thank you.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   question is on the resolution.  All in favor 

 7   signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT GRIFFO:   Opposed?  

10                (No response.)

11                ACTING PRESIDENT GRIFFO:   The 

12   resolution is adopted.

13                We want to welcome all of our 

14   friends visiting us today in celebration of 

15   Korean American Day.  Congratulations and best 

16   wishes.

17                (Applause.)

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Libous.

20                SENATOR LIBOUS:   Thank you, 

21   Mr. President.  

22                Mr. President, at this time would 

23   you please call on Senator O'Mara.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   O'Mara.

                                                               3911

 1                SENATOR O'MARA:   Yes, thank you, 

 2   Mr. President.  

 3                I rise to speak on the loss of one 

 4   of America's best, Specialist Devin Snyder, who 

 5   was killed in action on June 4th of this month.  

 6   She resided in the community of Cohocton, in my 

 7   district in upstate New York.  Her body is being 

 8   received back home today, and a funeral will take 

 9   place this coming Saturday.  

10                Snyder was serving in Afghanistan as 

11   a military police with the 164th MP company of 

12   the 793rd Military Police Battalion.  She was a 

13   2008 graduate of Wayland-Cohocton Central School, 

14   a track and soccer star for the school.  Her 

15   lanky build earned her the nickname "Twiggy."  

16                Her ties to Cohocton and to the 

17   military run equally deep.  Her father Edward is 

18   a former mayor and a veteran of the U.S. Navy.  

19   Her sister Natasha currently serves in the Navy, 

20   and her brother Damien serves in the Army.  

21                Snyder and three fellow soldiers 

22   were killed June 4th when their vehicle hit a 

23   mine near Mehter Lam in the Laghman Province of 

24   Afghanistan.  

25                If everyone would please rise and 

                                                               3912

 1   join us in a moment of silence for the loss of 

 2   Specialist Devin Snyder.

 3                ACTING PRESIDENT GRIFFO:   I would 

 4   ask all present to please rise in a moment of 

 5   silent reflection in memory of Sergeant Snyder.

 6                (Whereupon, the assemblage respected 

 7   a moment of silence.)

 8                SENATOR O'MARA:   Thank you, 

 9   Mr. President.

10                ACTING PRESIDENT GRIFFO:   Thank 

11   you, Senator O'Mara.

12                SENATOR LIBOUS:   Mr. President.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Libous.

15                SENATOR LIBOUS:   At this time the 

16   Senate will stand at ease till 3 o'clock, at 

17   which time there will be a Rules Committee 

18   meeting in Room 332.  Three o'clock sharp, and 

19   then we will come back on the floor.

20                ACTING PRESIDENT GRIFFO:   The 

21   Senate will stand at ease until shortly after a 

22   meeting of the Rules Committee, which will be 

23   held in Room 332 at 3:00 p.m. sharp.

24                The Senate stands at ease.

25                (Whereupon, the Senate stood at ease 

                                                               3913

 1   at 2:42 p.m.)

 2                (Whereupon, the Senate reconvened at 

 3   4:01 p.m.)

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Senate will come to order.

 6                Senator Libous.

 7                SENATOR LIBOUS:   Mr. President, 

 8   before we go to motions and resolutions and we 

 9   have a reading of the Rules report, members have 

10   been asking me about the schedule and I want to 

11   make sure that everybody is together on the same 

12   page.

13                The schedule will be as follows.  It 

14   is our intent to take up the ethics bill and then 

15   at 5:00 o'clock we would then recess till 7:30.  

16   Come back at 7:30, and I would say that we would 

17   be here probably till 11:00 or midnight.  We have 

18   a lot of bills that we would like to take up.  

19                And we will try to keep you informed 

20   as the week goes on, because we would like to 

21   finish up by the end of the week.  And members on 

22   both sides of the aisle would like certain local 

23   bills passed, and certainly other bills passed, 

24   so we're going to try to do this in as orderly 

25   and open a fashion as possible.

                                                               3914

 1                So that's today's schedule.  We will 

 2   announce at the end of session what tomorrow's 

 3   schedule will be.  But I would tell members that 

 4   you should plan on working vigorously this week.  

 5   And we'll probably be starting early and 

 6   finishing late, but not to the point where we're 

 7   too late and we affect the health of our 

 8   members.  We don't want to do that for anybody.

 9                So, Mr. President, at this time 

10   could we return to motions and resolutions.  And 

11   I believe Senator Breslin has a motion.

12                ACTING PRESIDENT GRIFFO:   Thanks 

13   for the notice, Senator Libous, and it is so 

14   noted.  

15                On motions and resolutions, Senator 

16   Breslin.

17                SENATOR BRESLIN:   Thank you, 

18   Mr. President.

19                On behalf of Senator Parker, I wish 

20   to call up Calendar Number 608, Assembly Print 

21   28.

22                ACTING PRESIDENT GRIFFO:   The 

23   Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   608, by Member of the Assembly Cahill, Assembly 

                                                               3915

 1   Print 28, an act to amend the Public Service Law.

 2                SENATOR BRESLIN:   I now move to 

 3   reconsider the vote by which the Assembly bill 

 4   was substituted for my bill, Senate Print Number 

 5   1149, on 6/13.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Secretary will call the roll on reconsideration.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 59.

10                SENATOR BRESLIN:   I now move that 

11   Assembly Bill 28 be recommitted to the Committee 

12   on Rules and my Senate Bill be restored to the 

13   order of the Third Reading Calendar.

14                ACTING PRESIDENT GRIFFO:   So 

15   ordered.

16                SENATOR BRESLIN:   Thank you, 

17   Mr. President.

18                ACTING PRESIDENT GRIFFO:   Thank 

19   you, Senator Breslin.

20                Senator Libous.

21                SENATOR LIBOUS:   Mr. President, on 

22   behalf of Senator Johnson, on page 67 I offer the 

23   following amendments to Calendar Number 931, 

24   Senate Print 4935, and ask that said bill retain 

25   its place on the Third Reading Calendar.

                                                               3916

 1                ACTING PRESIDENT GRIFFO:   The 

 2   amendments are received, and the bill shall 

 3   retain its place on third reading.

 4                SENATOR LIBOUS:   Thank you, 

 5   Mr. President.

 6                On behalf of Senator Flanagan, on 

 7   page 36 I offer the following amendments to 

 8   Calendar Number 429, Senate Print 4391, and ask 

 9   that said bill retain its place on the Third 

10   Reading Calendar.

11                ACTING PRESIDENT GRIFFO:   The 

12   amendments are received, and the bill shall 

13   retain its place on third reading.

14                Senator Libous.

15                SENATOR LIBOUS:   Mr. President, 

16   could we now go to the reports of standing 

17   committees.  I believe there are two reports from 

18   the Rules Committee at the desk.  Could we have 

19   them read at this time.

20                ACTING PRESIDENT GRIFFO:   The 

21   Secretary will read.

22                THE SECRETARY:   Senator Skelos, 

23   from the Committee on Rules, reports the 

24   following bills:  

25                Senate Print 587A, by Senator Klein, 

                                                               3917

 1   an act to amend the Education Law; 

 2                1027A, by Senator Klein, an act to 

 3   amend Chapter 42 of the Laws of 1996; 

 4                1164, by Senator Breslin, an act to 

 5   amend the Town Law;

 6                1188, by Senator Breslin, an act to 

 7   amend the Criminal Procedure Law;

 8                1303, by Senator Duane, an act to 

 9   amend the Elder Law;

10                2796A, by Senator Klein, an act 

11   authorizing the Commissioner of General Services; 

12                3016A, by Senator Huntley, an act to 

13   amend the Mental Hygiene Law;

14                3469A, by Senator Oppenheimer, an 

15   act to amend the Education Law;

16                4469, by Senator Nozzolio, an act to 

17   amend the Criminal Procedure Law;

18                4559B, by Senator Robach, an act to 

19   amend the Workers' Compensation Law;

20                4718A, by Senator Ritchie, an act to 

21   amend the Agriculture and Markets Law;

22                4726, by Senator Kennedy, an act to 

23   amend the Penal Law;

24                4780, by Senator Golden, an act to 

25   amend the Local Finance Law;

                                                               3918

 1                4855, by Senator Montgomery, an act 

 2   to amend the State Finance Law;

 3                5347, by Senator Valesky, an act to 

 4   authorize the Tully Central School District; 

 5                5455A, by Senator Nozzolio, an act 

 6   to amend the Penal Law;

 7                5486, by Senator Lanza, an act to 

 8   amend Chapter 130 of the Laws of 1998; 

 9                5493, by Senator Gallivan, an act to 

10   amend the Social Services Law;

11                5496, by Senator Breslin, an act 

12   authorizing Holding Our Own, Inc.; 

13                5521, by Senator Klein, an act to 

14   amend the County Law;

15                5527, by the Senate Committee on 

16   Rules, an act to amend the Tax Law;

17                5542, by Senator Saland, an act to 

18   amend the Criminal Procedure Law;

19                5558, by Senator Ball, an act to 

20   amend the Retirement and Social Security Law; 

21                5564, by the Committee on Rules, an 

22   act to amend the Public Authorities Law;

23                5569, by Senator Maziarz, an act to 

24   amend Chapter 738 of the Laws of 2005;

25                5571, by Senator Oppenheimer, an act 

                                                               3919

 1   to amend Chapter 851 of the Laws of 1949; 

 2                5582, by Senator Savino, an act to 

 3   amend the Domestic Relations Law;

 4                5583, by Senator Bonacic, an act to 

 5   amend the Tax Law;

 6                5605, by Senator Griffo, an act to 

 7   amend the Penal Law;

 8                5643, by Senator Marcellino, an act 

 9   to amend the Vehicle and Traffic Law; 

10                5647, by Senator Flanagan, an act to 

11   amend the Education Law;

12                5649, by Senator Young, an act to 

13   amend the Private Housing Finance Law; 

14                5651, by Senator Golden, an act to 

15   amend the Retirement and Social Security Law; 

16                5656, by Senator Hannon, an act to 

17   amend the Public Authorities Law;

18                5679, by Senator Skelos, an act in 

19   relation to establishing the Public Integrity 

20   Reform Act of 2011; 

21                And 5704, by Senator Hannon, an act 

22   to amend Chapter 451 of the Laws of 2007.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Libous.

25                SENATOR LIBOUS:   Mr. President, can 

                                                               3920

 1   we move to accept this first Rules report, 

 2   please.

 3                ACTING PRESIDENT GRIFFO:   All in 

 4   favor of accepting the Committee on Rules report 

 5   signify by saying aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT GRIFFO:   Opposed?  

 8                (No response.)

 9                ACTING PRESIDENT GRIFFO:   The 

10   committee report is accepted.

11                Senator Libous.

12                SENATOR LIBOUS:   Can we read the 

13   second report of the Rules Committee, please.

14                ACTING PRESIDENT GRIFFO:   The 

15   Secretary will read.

16                THE SECRETARY:   Senate Print 134, 

17   by Senator Little, an act to amend the Real 

18   Property Tax Law;

19                935, by Senator Marcellino, an act 

20   to amend the Vehicle and Traffic Law;

21                1538, by Senator Skelos, an act to 

22   amend the Family Court Act and the Domestic 

23   Relations Law;

24                2352, by Senator Grisanti, an act to 

25   amend the Education Law;

                                                               3921

 1                2678, by Senator Larkin, an act to 

 2   amend the Tax Law;

 3                3410, by Senator Golden, an act to 

 4   amend the Tax Law;

 5                3420, by Senator Flanagan, an act to 

 6   authorize the Holy Cross Polish National Church;

 7                3994A, by Senator Golden, an act to 

 8   amend the General Municipal Law;

 9                4200, by Senator Hannon, an act to 

10   amend the New York State Medical Care Facilities 

11   Finance Agency Act; 

12                4655, by Senator Skelos, an act to 

13   amend the Volunteer Firefighters' Benefit Law; 

14                4763, by Senator Farley, an act to 

15   amend the Executive Law;

16                4898, by Senator Golden, an act to 

17   amend Chapter 929 of the Laws of 1986;

18                5140B, by Senator Farley, an act to 

19   amend the Tax Law;

20                5223B, by Senator Libous, an act to 

21   amend the Economic Development Law;

22                5326, by Senator Larkin, an act to 

23   amend the General Municipal Law;

24                5665, by Senator DeFrancisco, an act 

25   to amend Part RR of Chapter 57 of the Laws of 

                                                               3922

 1   2008.

 2                All bills reported direct to third 

 3   reading.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Libous.

 6                SENATOR LIBOUS:   Mr. President, at 

 7   this time can we move to accept the Rules report.

 8                ACTING PRESIDENT GRIFFO:   All in 

 9   favor of accepting the Committee on Rules report 

10   signify by saying aye.

11                (Response of "Aye.")

12                ACTING PRESIDENT GRIFFO:   Opposed?  

13                (No response.)

14                ACTING PRESIDENT GRIFFO:   The 

15   Committee on Rules report is accepted.  

16                Senator Libous.  

17                SENATOR LIBOUS:   Mr. President, at 

18   this time can we go to Supplementary Calendar 

19   51A.  

20                And could we have the 

21   noncontroversial reading of Number 1182, please.

22                ACTING PRESIDENT GRIFFO:   The 

23   Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   1182, by Senator Skelos --

                                                               3923

 1                SENATOR BRESLIN:   Lay it aside.

 2                ACTING PRESIDENT GRIFFO:   Lay it 

 3   aside.

 4               Senator Libous, that completes the 

 5  reading.

 6                SENATOR LIBOUS:   Mr. President, at 

 7   this time could we have the controversial reading 

 8   of Calendar Number 1182.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Secretary will ring the bell.

11                SENATOR BRESLIN:   Explanation, 

12   please.

13                ACTING PRESIDENT GRIFFO:   The 

14   Secretary will read.  And an explanation has been 

15   requested.

16                SENATOR SKELOS:   Mr. President, if 

17   I could, earlier this year we passed an on-time 

18   budget that eliminated a $10 billion deficit.  We 

19   cut spending and we raised taxes --

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Skelos, the bill has not --

22                SENATOR SKELOS:   If we could call 

23   up the bill first.  We're eager about debating 

24   the bill, but --

25                (Laughter.)

                                                               3924

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Calendar Number 

 4   1182, by Senator Skelos, Senate Print 5679, an 

 5   act in relation to establishing the Public 

 6   Integrity Reform Act of 2011.

 7                ACTING PRESIDENT GRIFFO:  Senator 

 8   Breslin has requested an explanation, Senator 

 9   Skelos.

10                SENATOR SKELOS:   Is somebody asking 

11   me for an explanation?

12                SENATOR BRESLIN:   Yes, Senator.

13                SENATOR SKELOS:   Thank you.  Thank 

14   you, Senator.

15                Earlier this year, on a bipartisan 

16   basis, we passed an on-time budget that 

17   eliminated a $10 billion deficit, we cut spending 

18   and didn't raise taxes.  We also reached a 

19   conceptual agreement to cap property taxes, an 

20   issue that Senate Republicans have championed for 

21   years.  This year I'm confident that we will pass 

22   legislation to give certainty to taxpayers and 

23   businesses so they finally get the property tax 

24   relief they deserve.

25                Last year Senate Republicans refused 

                                                               3925

 1   to participate in an override of Governor 

 2   Paterson's veto of an ethics bill.  I said in 

 3   this conference at the time that we could do 

 4   better, and now we have.  With the help of 

 5   Senators Flanagan, Hannon and Lanza, who will be 

 6   discussing the bill in further detail, we have 

 7   reached an agreement with the Assembly and the 

 8   Governor which addresses the deficiencies of last 

 9   year's bill.

10                This historic ethics reform bill is 

11   another step in restoring the public's trust in 

12   their government.  This bill significantly 

13   expands disclosure of outside employment and 

14   income of all legislators.  Legislators will be 

15   required to disclose all clients and customers 

16   who have significant business before the state.  

17   It also mandates the disclosure of all clients of 

18   the firm who have significant business before the 

19   state where the legislator played a significant 

20   role in referring the clients.

21                The number of income categories has 

22   increased from six to over 100.  These categories 

23   have been narrowly drawn and for the first time 

24   will be publicly available.  

25                It creates unprecedented 

                                                               3926

 1   transparency by creating an independent 

 2   bipartisan commission on public ethics with 

 3   strong enforcement powers to investigate 

 4   violations of law by members of the executive and 

 5   legislative branches, as well as it oversees 

 6   lobbyists.

 7                Public officials who commit felonies 

 8   related to their official duties are subject to 

 9   forfeiture of their pensions.  

10                We have increased Election Law 

11   penalties for serial nonfilers.  The bill expands 

12   lobbying disclosure requirements, including the 

13   disclosure by lobbyists of any reportable 

14   business relationship of more than $1,000 with 

15   public officials.  

16                This bill creates an unprecedented 

17   level of oversight and disclosure.  With our 

18   partners in the Assembly, Speaker Silver, and I 

19   thank Governor Cuomo for his partnership, we have 

20   made a significant step in restoring the public's 

21   trust in their government.

22                At this time, Mr. President, if I 

23   could yield to Senator Flanagan.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Flanagan, without objection.  

                                                               3927

 1                Senator Flanagan.

 2                SENATOR FLANAGAN:   Are there any 

 3   questions?

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Squadron.

 6                SENATOR SQUADRON:   Thank you, 

 7   Mr. President.

 8                And I'll direct to whichever Senator 

 9   is most appropriate to discuss the JCOPE, the 

10   Joint Commission on Public Ethics.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Flanagan.

13                SENATOR FLANAGAN:  Thank you, 

14   Mr. President.

15                SENATOR SQUADRON:   Thank you very 

16   much.  And I thank the Majority Leader for his 

17   overview of the bill.  

18                If Senator Flanagan would be willing 

19   to yield, I would just ask him to describe the 

20   membership of this so-called JCOPE and who the 

21   appointing authorities are.

22                SENATOR FLANAGAN:   Thank you, 

23   Mr. President.

24                The structure would be 14 members, 

25   six appointed by the Governor -- three Democrats, 

                                                               3928

 1   three Republicans -- and eight appointed by each 

 2   house of the Legislature, three by the majority 

 3   and one by the minority.

 4                SENATOR SQUADRON:   And if Senator 

 5   Flanagan would continue to yield, how does that 

 6   differ from the current Commission on Public 

 7   Integrity which oversees the executive branch 

 8   currently?

 9                SENATOR FLANAGAN:  Well, it actually 

10   differs in a number of different ways.  It's an 

11   independent commission.  It now has oversight on 

12   statewide officials -- the attorney general, the 

13   comptroller, the executive branch, the 

14   legislative branch.  So it's much more expansive, 

15   more independent, and it has a more balanced 

16   representation of all the parties, so to speak.

17                SENATOR SQUADRON:   Specifically, 

18   the CPI has only appointees from the executive 

19   branch, though there are appointees from the 

20   comptroller and the attorney general.  JCOPE has 

21   both legislative and executive branch 

22   appointees.  

23                If Senator Flanagan would continue 

24   to yield.

25                SENATOR FLANAGAN:   Yes.

                                                               3929

 1                SENATOR SQUADRON:   Thank you.  

 2                And the current Legislative Ethics 

 3   Commission, what's the appointing structure 

 4   there?  

 5                SENATOR FLANAGAN:   Senator 

 6   Squadron, I want to make sure you're getting the 

 7   right answer.  I'm going to yield that to Senator 

 8   Lanza, inasmuch as he chairs that.  I want to 

 9   make sure you're getting accurate information.

10                SENATOR SQUADRON:   Thank you, 

11   Senator Flanagan.

12                ACTING PRESIDENT GRIFFO:   The chair 

13   recognizes Senator Lanza without objection.  

14                Senator Squadron.

15                SENATOR SQUADRON:   If Senator Lanza 

16   would be willing to yield to that question.

17                SENATOR LANZA:   Through you, 

18   Mr. President.  The composition of the 

19   Legislative Ethics Commission is two members from 

20   the Senate, one from each party; two members from 

21   the Assembly, one from each party; and then there 

22   are civilians who are appointed by the various 

23   leaders in both houses.  None by the Governor.

24                SENATOR SQUADRON:   Thank you.

25                So the Legislative Ethics 

                                                               3930

 1   Commission, eight members, equal appointments 

 2   majority and minority, members of the Legislature 

 3   and nonmembers.  

 4                Let me ask if either Senator 

 5   Flanagan or Senator Lanza is willing to yield, on 

 6   both the CPI and the Legislative Ethics 

 7   Commission -- I'll ask Senator Lanza if he would 

 8   yield, through you, Mr. President.

 9                SENATOR LANZA:   Yes, Mr. President.

10                SENATOR SQUADRON:   Senator Lanza, 

11   do you know of a precedent in which an oversight 

12   body of this sort has had an inequity of 

13   appointments based on the partisan appointing 

14   authority, based on the majority or the 

15   minority?  

16                SENATOR LANZA:   Mr. President, 

17   through you, I don't understand the question.

18                SENATOR SQUADRON:   If I can restate 

19   it.

20                The JCOPE, as Senator Flanagan 

21   described, would have three appointees from the 

22   current Majority Leader, three appointees from 

23   the current Speaker, one appointee from the 

24   current Minority Leader in the Senate, one 

25   appointee from the current Minority Leader in the 

                                                               3931

 1   Assembly.  It's a partisan inequity based on -- 

 2   well, based on partisanship.  Are you familiar 

 3   with that in any other oversight structure?  

 4                SENATOR LANZA:   If you say so, 

 5   Senator Squadron.  Do you mean within New York 

 6   State, outside of New York State?  

 7                SENATOR SQUADRON:   Through you, 

 8   Mr. President, I think any precedent for such a 

 9   partisan structure would be interesting.

10                SENATOR LANZA:   Are you talking 

11   about the old panel or the new panel envisioned 

12   in this litigation?  

13                SENATOR SQUADRON:   Mr. President, 

14   just to clarify, the JCOPE as described by 

15   Senator Flanagan has eight legislative 

16   appointees, six of whom are appointed by the 

17   majority leaders of the respective houses, two of 

18   whom are appointed by the minority leaders of the 

19   respective houses.  

20                The Legislative Ethics Commission, 

21   as described by Senator Lanza, has equal 

22   representation from the majority and minority in 

23   each house.  

24                And so I'm wondering if this sort of 

25   new model of inequity between the partisan 

                                                               3932

 1   leaders in each house has any precedent in the 

 2   state.

 3                SENATOR LANZA:   I understand your 

 4   question.

 5                Yeah, so that is -- I think what 

 6   makes this so historic is that I'm not sure that 

 7   this has been done quite in this way before where 

 8   you have true bipartisan representation on a 

 9   panel such as this.  And the goal here is to make 

10   sure that we don't create something that could be 

11   unethically used, for instance, in some 

12   witch-hunt against a member of either this house 

13   or the other or the Governor based on party 

14   politics.

15                So I'm not sure if there is a 

16   precedent here.  I would hope that other states 

17   take our lead in truly putting forth a panel that 

18   would be able to deal with this very important 

19   issue in a nonpartisan way.

20                SENATOR SQUADRON:   Through you, 

21   Mr. President, if Senator Lanza would continue to 

22   yield.

23                SENATOR LANZA:   Yes.

24                ACTING PRESIDENT GRIFFO:  The 

25   Senator yields.

                                                               3933

 1                SENATOR SQUADRON:   If Senator Lanza 

 2   would be willing to continue to describe just a 

 3   little more specifically how this structure -- in 

 4   which the majority leaders are appointing six of 

 5   the members, the minority leaders are appointing 

 6   two of the members -- prevents a partisan 

 7   witch-hunt.  In what way does that structure lead 

 8   to the prevention of a partisan witch-hunt?

 9                SENATOR LANZA:   Well, through you, 

10   Mr. President, Senator Squadron, the idea -- and 

11   we all operate in a political world here, and we 

12   see that there have been abuses year in, year 

13   out, where there are those who seek for political 

14   gain, whether it's to keep a majority, get a 

15   majority, help a candidate, beat a candidate, are 

16   willing to go to all sorts of unethical means to 

17   do so.  

18                And I think it's quite clear that 

19   when you create a panel which has investigative 

20   powers over a legislature or over a governor that 

21   that's the sort of thing, I think you would 

22   agree, that could be very easily abused if it is 

23   not structured properly.  

24                And the way to make sure that that 

25   doesn't happen is to have bipartisan 

                                                               3934

 1   representation so that there would be no 

 2   incentive for one party or the other to engage in 

 3   witch-hunts purely for political means, which in 

 4   my opinion would be more unethical than the types 

 5   of behaviors that we're trying to or seeking to 

 6   regulate with this historic legislation.

 7                SENATOR SQUADRON:   If Senator Lanza 

 8   would continue to yield.

 9                SENATOR LANZA:   Yes.

10                ACTING PRESIDENT GRIFFO:   The 

11   Senator yields.

12                SENATOR SQUADRON:   Thank you.

13                So this model, just to confirm, 

14   Senator Lanza, you're saying is an improvement 

15   over the current Legislative Ethics Commission 

16   model?  

17                SENATOR LANZA:   Yes, I believe it 

18   is.

19                SENATOR SQUADRON:   Thank you.  

20                And if Senator Lanza would continue 

21   to yield.

22                ACTING PRESIDENT GRIFFO:   The 

23   Senator yields.

24                SENATOR LANZA:   If I could just 

25   expand upon that answer, because this really I 

                                                               3935

 1   think bolsters the work that the Legislative 

 2   Ethics Commission is doing.  And this is 

 3   consistent with that work, but I think takes it 

 4   to another level so that there can be greater 

 5   assurance and that we can provide the confidence 

 6   that the people back home deserve and should have 

 7   in their government.

 8                SENATOR SQUADRON:   Thank you for 

 9   that clarification.  

10                If Senator Lanza would continue to 

11   yield.

12                SENATOR LANZA:   Yes.

13                SENATOR SQUADRON:   Does this bill 

14   in fact do away with the Legislative Ethics 

15   Commission?  

16                SENATOR LANZA:   No, it does not.  

17   It complements the work that is within the 

18   jurisdiction of the Legislative Ethics 

19   Commission.

20                SENATOR SQUADRON:   If Senator Lanza 

21   would continue to yield.

22                SENATOR LANZA:   Yes, Mr. President.

23                SENATOR SQUADRON:   Does this bill 

24   change the appointing authorities of the 

25   Legislative Ethics Commission in a way that, as 

                                                               3936

 1   Senator Lanza has said, prevents a partisan 

 2   witch-hunt by having this, you know, six-to-two, 

 3   three-to-one majority for the appointees of the 

 4   Majority Leader?

 5                SENATOR LANZA:  I believe I answered 

 6   that, Mr. President.  This does not change the 

 7   composition of the Legislative Ethics Commission.

 8                SENATOR SQUADRON:   Thank you.

 9                If Senator Lanza would continue to 

10   yield.

11                ACTING PRESIDENT GRIFFO:   The 

12   Senator yields.

13                SENATOR SQUADRON:   Can I ask, if 

14   this new partisan structure -- untested, without 

15   precedent -- of the JCOPE has such benefits to 

16   prevent any sort of partisan witch-hunts, why are 

17   we even maintaining the Legislative Ethics 

18   Commission that doesn't have that three-to-one 

19   benefit for the majority?

20                SENATOR LANZA:   Through you, 

21   Mr. President.  This -- I think this complements 

22   the work that's happening at the Legislative 

23   Ethics Commission.  

24                I have served on that commission 

25   over the last four years.  I served with our good 

                                                               3937

 1   colleague Senator Oppenheimer.  I now serve with 

 2   Senator Montgomery.  There are two members from 

 3   the Assembly.  There are non-elected officials 

 4   who serve on that commission.  

 5                There was a belief in this state 

 6   that we needed to provide more by way of 

 7   investigatory powers.  There was also a belief at 

 8   that it was important for the public trust that 

 9   that investigative power be inclusive of more 

10   than the two legislative bodies, the Assembly and 

11   the Senate.  

12                And so this model was devised so 

13   that you have two panels who can work in 

14   conjunction with each other, complement each 

15   other, and at the same time provide the trust 

16   that the people need and deserve.

17                SENATOR SQUADRON:   If Senator Lanza 

18   would continue to yield.

19                SENATOR LANZA:   Yes, 

20   Mr. President.  

21                ACTING PRESIDENT GRIFFO:   The 

22   Senator yields.

23                SENATOR SQUADRON:   In Senator 

24   Lanza's time on the Legislative Ethics 

25   Commission, has he seen it to be a body that 

                                                               3938

 1   engages in partisan witch-hunts with its two, 

 2   two, two and two makeup?  

 3                SENATOR LANZA:   Thankfully, because 

 4   of the members who have been on this commission, 

 5   that has not occurred.  But there is always the 

 6   fear that any panel that has this type of power 

 7   can be hijacked in a manner that is not ethical, 

 8   that is not conducive to the public trust and 

 9   does not serve the best interests of this body, 

10   the other, or the people of this state.

11                And so I believe that this new model 

12   will only allow for a better working of the 

13   Legislative Ethics Commission as well as 

14   expanding the powers to this panel, which 

15   includes the executive and also allows for a 

16   panel to have jurisdiction not only over the 

17   legislative body but, as Senator Flanagan 

18   indicated, statewide officers:  the governor, the 

19   attorney general.

20                SENATOR SQUADRON:   It seems to me 

21   that if --

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Squadron, are you on the bill?  

24                SENATOR SQUADRON:   Actually, no.  

25   If Senator Lanza would continue to yield.

                                                               3939

 1                SENATOR LANZA:   Yes.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Lanza yields.

 4                SENATOR SQUADRON:   Thank you very 

 5   much.

 6                It seems to me if we have a body in 

 7   place now that hasn't been a body that has been 

 8   notable for partisan witch-hunts -- in fact, 

 9   doesn't have any examples of them; if anything, 

10   the concern has been isn't sufficiently 

11   independent -- creating a new body that is less 

12   equitable on the basis of the four different 

13   conferences in Albany seems to be a solution 

14   without a problem.  In fact, seems to be a 

15   solution that may even exacerbate the problem.  

16                And so I think the question has to 

17   be asked, does it really seem fairer to have an 

18   oversight body in which two of the conferences 

19   are underrepresented in a three-to-one ratio 

20   versus a body that has been fair in its 

21   existence, has sometimes been -- the concern has 

22   been it hasn't been sufficiently independent?  

23                SENATOR LANZA:   Mr. President, I'm 

24   just going to have to respectfully disagree with 

25   my colleague Senator Squadron's characterization 

                                                               3940

 1   that ethics reform is a solution in search of a 

 2   problem.  If his argument is that we should leave 

 3   well enough alone and that the status quo is 

 4   fine, we're just going to have to disagree.

 5                This does not up-end anything that 

 6   is presently in place.  This expands upon it.  I 

 7   think this goes further.  I think this does 

 8   justice to a very important subject.  I commend 

 9   the Governor for his leadership.  He has talked 

10   about the need for ethics reform, he campaigned 

11   on it.  This chamber I think has worked hard with 

12   respect to making sure that the people have the 

13   trust in government that they need and deserve to 

14   have.  

15                Good people came together here in 

16   both houses of the Legislature in a bipartisan 

17   way, together with the Governor, and we've come 

18   forward with what I believe to be historic 

19   legislation that I think will become the model 

20   for this country.  

21                And so I disagree with the notion 

22   that we should have left things the way they 

23   were.  It's important that we show the people 

24   back home that we're serious about giving them a 

25   government that they deserve.  And I think this 

                                                               3941

 1   does that.

 2                SENATOR SQUADRON:   Thank you, 

 3   Senator Lanza.

 4                On the bill, Mr. President.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Squadron on the bill.

 7                SENATOR SQUADRON:   Thank you very 

 8   much.

 9                It seems -- oh, look, I think we all 

10   know how important ethics reform is.  In the last 

11   term we brought up a bill twice.  We've been 

12   strongly supportive of Governor Cuomo's push for 

13   this.  We know that Governor Cuomo for months has 

14   made this one of his top priorities and had some 

15   real challenge coming to agreement with the 

16   leadership in this house.

17                And I think unfortunately what we 

18   see here is we see an existing body that 

19   continues to exist, that isn't known to be 

20   partisan, that has not been sufficiently 

21   independent at times, and we are overlaying on 

22   that a new body that is no more independent, as I 

23   think we'll see over the next few minutes, and is 

24   no longer equitable either.

25                So you replace a system that's not 

                                                               3942

 1   independent enough but is equitable in that way, 

 2   and you replace it with a system that I fear 

 3   isn't going to be independent enough and on top 

 4   of that also isn't equitable.  And so I think 

 5   that's an enormous concern.

 6                The goal here has been to really 

 7   increase independence.  I think that when you 

 8   look at some of the structure of the JCOPE, you 

 9   can see how that does that.  I think 

10   unfortunately, in the interests of -- there's no 

11   other justification other than protecting the 

12   interests of one conference out of the four in 

13   Albany.  You see some other concerns there, and I 

14   think we're going to go to that.  But just on its 

15   face, the idea that we're replacing equitable 

16   appointments with inequitable appointments I 

17   think is something that does raise a concern.

18                Let me ask that -- I think Senator 

19   Flanagan is speaking on the JCOPE, if that's 

20   appropriate, to yield for a moment.  If Senator 

21   Flanagan would be willing to yield.

22                ACTING PRESIDENT GRIFFO:  Senator 

23   Flanagan.

24                SENATOR FLANAGAN:   Yes.

25                SENATOR SQUADRON:   Thank you, 

                                                               3943

 1   Mr. President.  Through you.  

 2                Can you just sort of briefly 

 3   describe what the benefit is of having the 

 4   majority leader in each house have three 

 5   appointments and the minority leader have a 

 6   single appointment?  How does that improve on the 

 7   Legislative Ethics Commission model of two, two, 

 8   two and two?  

 9                SENATOR FLANAGAN:   Well, I think if 

10   you look at the ultimate product, it's a balance 

11   of seven and seven, Democrat and Republican.  

12   Because the Governor is obligated to appoint 

13   three Republicans.  Of course, Governor Cuomo 

14   being a Democrat.  The Senate Majority Leader has 

15   three appointments, as does the Assembly Minority 

16   Leader.  

17                And what we strove to do -- and by 

18   the way, when I say "we," it's the collective 

19   "we."  It's certainly the Assembly, the Executive 

20   and the Senate -- was try and find some balance 

21   that made it equitable and that made it fair.  

22                And you talk about two, two, two and 

23   two; ultimately, this is seven and seven.  So I 

24   can make the argument that it is equitable in its 

25   applicability.  

                                                               3944

 1                And, you know, I think it's -- we 

 2   have to make a distinction, at least I certainly 

 3   feel it's important to make a distinction that 

 4   for the first time you have actual overlap.  You 

 5   know, if you look at the separate branches of 

 6   government, one could make the argument, well, 

 7   why haven't we now gone into the jurisdiction of 

 8   the Judiciary?  And that certainly was discussed, 

 9   but there was never anything that was brought 

10   forward where there would be interlocking 

11   oversight with the Judiciary.

12                So for the first time we now have 

13   the Executive having oversight over the 

14   Legislature.  And in looking at that, the idea 

15   was how do you find balance so that you can have 

16   some independence -- and I do believe this is an 

17   independent entity.  There are a couple of 

18   factors that also enter that.  The selection of 

19   an executive director, the fact that the people 

20   who will now be on this commission are appointed 

21   to five-year terms.  The Governor at his press 

22   conference said that he certainly believes, and 

23   we join him in that idea, that it will make it 

24   less political because these folks are appointed 

25   for five years.  

                                                               3945

 1                So there's a whole litany of factors 

 2   that influence the ultimate resolution that we 

 3   have before us today.

 4                SENATOR SQUADRON:   Thank you, 

 5   Senator Flanagan.

 6                I don't believe there is a fixed 

 7   term for the executive director.  But there are 

 8   fixed terms for the appointees.

 9                If Senator Flanagan would continue 

10   to yield.

11                SENATOR FLANAGAN:  Yes.

12                ACTING PRESIDENT GRIFFO:   The 

13   Senator yields.

14                SENATOR SQUADRON:   Thank you.

15                So Senator Flanagan talks about the 

16   fact that this is really seven and seven, you 

17   shouldn't think of three and one in each house, 

18   but seven and seven on a partisan basis.  So just 

19   to clarify it, does that mean that a majority of 

20   the JCOPE can vote to move forward with an 

21   investigation, or is there another structure?  

22                For example, could a minority of the 

23   JCOPE in any situation ever block an 

24   investigation?  Since we've created a scenario 

25   where neither party would have a partisan 

                                                               3946

 1   advantage, presumably a majority of the body 

 2   would clearly be bipartisan and be able to move 

 3   forward with an investigation.  Is that how the 

 4   structure works?

 5                SENATOR FLANAGAN:   The structure 

 6   requires that there be -- I believe it's eight 

 7   votes.  You need a vote of at least eight 

 8   commissioners, including two members appointed by 

 9   the legislative leaders who are of the same major 

10   political party as the subject of the 

11   investigation.  And that cuts both ways for the 

12   Executive and the Legislature.  

13                And, you know, there are plenty of 

14   discussions about how do you make sure that one 

15   branch does not have additional or undue 

16   influence over another.  You know, when this bill 

17   originally came out or these concepts were 

18   discussed, it wouldn't be a surprise to suggest 

19   that the Governor wanted to have more choices.  

20   He wanted to be able to appoint more people than 

21   he wanted the Legislature to have in that 

22   function.  So ultimately what you see here, of 

23   course, is six and eight, but there were a lot of 

24   permutations along the way.

25                To your direct question, it's not a 

                                                               3947

 1   simple majority.

 2                SENATOR SQUADRON:   Through you, 

 3   Mr. President, if Senator Flanagan would continue 

 4   to yield.  

 5                How many -- what's the minimum 

 6   number of votes -- there are 14 members of this 

 7   commission.  What's the minimum number needed to 

 8   block an investigation, let's say just for 

 9   hypothetical sake, in the Senate Republican 

10   conference?

11                SENATOR FLANAGAN:   Well, I have to 

12   tell you, you were looking at it from the 

13   negative; I'm looking at it from the positive.  

14   You need a minimum of eight votes to commence an 

15   investigation.

16                SENATOR SQUADRON:   Sorry, to 

17   clarify, to block an investigation was -- 

18                ACTING PRESIDENT GRIFFO:   I believe 

19   he answered your question.

20                SENATOR SQUADRON:   Would Senator 

21   Flanagan continue to yield?  

22                SENATOR FLANAGAN:   Yes, I continue 

23   to yield.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Flanagan continues to yield.

                                                               3948

 1                SENATOR SQUADRON:   Thank you.  I 

 2   was trying to get at how many it would take to 

 3   block an investigation.  Since I believe in fact 

 4   you could have 11 votes in favor of commencing an 

 5   investigation and still have an investigation 

 6   blocked.

 7                Let's go down the road of that 

 8   hypothetical briefly.  Let's say there are 11 

 9   appointees voting yes for an investigation, three 

10   voting no.  Let's say it's the Senate Republican 

11   conference.  For it to be three appointees 

12   overriding the 11, who would the appointing 

13   authorities of those appointees have to be?  

14                SENATOR FLANAGAN:  It could be 

15   either majority leader appointments or minority 

16   leader appointments.

17                SENATOR SQUADRON:   Through you, if 

18   Senator Flanagan would continue to yield.

19                ACTING PRESIDENT GRIFFO:   The 

20   Senator yields.

21                SENATOR FLANAGAN:   Yes.

22                SENATOR SQUADRON:   There would need 

23   to be more than one in that case.  So would at 

24   least one of those appointments need to be the 

25   appointment of the Senate majority leader?  

                                                               3949

 1   Again, we're in the example in which someone, I'm 

 2   sure a Senator who's not with us now, and 

 3   wouldn't be, is potentially under investigation.

 4                SENATOR FLANAGAN:   Yes.

 5                SENATOR SQUADRON:   So if Senator 

 6   Flanagan would continue to yield.

 7                SENATOR FLANAGAN:   Yes, I will.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Senator yields.

10                SENATOR SQUADRON:   So there's a 

11   structure here where the appointees -- again, 

12   hypothetically -- but the appointees of the 

13   Senate majority leader would in effect have a 

14   veto over investigations of members of the 

15   current Senate majority.  Is that fair to say?

16                SENATOR FLANAGAN:   It's fair, but 

17   it's frankly incomplete.  Because the same 

18   extension of your logic would apply to the 

19   Assembly majority as it relates to the Assembly 

20   majority members right now, and the same logic 

21   would think apply to the executive branch.  

22   Because the executive would have the opportunity, 

23   based on his appointments, to -- as you used the 

24   term, not I -- to block an investigation.

25                SENATOR SQUADRON:   If Senator 

                                                               3950

 1   Flanagan would continue to yield.

 2                SENATOR FLANAGAN:   Yes.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Senator yields.

 5                SENATOR SQUADRON:   So there's an 

 6   effective veto -- and the point is well-taken -- 

 7   an effective veto for the current Majority Leader 

 8   of the Senate as relates to the majority 

 9   conference, for the Speaker of the Assembly as 

10   relates to the majority conference of the 

11   Assembly.  Does the same sort of effective veto 

12   exist for the leaders of the minorities in each 

13   house?

14                SENATOR FLANAGAN:   Senator 

15   Squadron, I don't completely agree.  Because the 

16   appointees of the minority leader in both houses 

17   play an effective role.  You can have one of 

18   their appointees be part of the vote.

19                SENATOR SQUADRON:   To clarify, if 

20   Senator Flanagan would continue to yield, would 

21   the effective veto that we've just discussed 

22   apply to the minority leader's appointees in 

23   relationship to minority conferences?

24                SENATOR FLANAGAN:   Mr. President, 

25   I'm not sure I understand the question.  If you 

                                                               3951

 1   would repeat it, please.

 2                SENATOR SQUADRON:   I'd be happy 

 3   to.  

 4                Senator Flanagan and I have just 

 5   discussed that in effect, for the majority 

 6   leaders in each house, they would require the 

 7   affirmative votes of at least one of their 

 8   appointees in order to commence an investigation 

 9   on someone in their conference, giving their 

10   appointees an effective veto over investigations 

11   into members of their conference.  

12                And I was simply asking would those 

13   effective vetoes, as Senator Flanagan and I have 

14   discussed, apply to the appointees of the 

15   minority leader in each house.  

16                SENATOR FLANAGAN:   If I understand 

17   your question correctly, it is does the one 

18   appointee of the minority leader have the 

19   opportunity to block an investigation.  My answer 

20   would be no.

21                SENATOR SQUADRON:   Thank you.

22                And if Senator Flanagan would 

23   continue to yield.

24                ACTING PRESIDENT GRIFFO:   The 

25   Senator yields.

                                                               3952

 1                SENATOR FLANAGAN:   Yes.

 2                SENATOR SQUADRON:   Thank you.  

 3                So now let's -- if Senator Flanagan 

 4   wouldn't mind continuing down the hypothetical 

 5   road with me, let's say in some future date the 

 6   majorities in this house flip.  I've only been 

 7   here a couple of years; they've flipped a number 

 8   of times in that period.  Let's say that this 

 9   bill passes this year and then in 2012 the 

10   majorities flip in this house and the Republican 

11   conference is in the minority, the Democratic 

12   conference is in the majority.  

13                Would the effective ability for the 

14   minority leader's appointees, for the Republican 

15   leader as the minority leader in that case, would 

16   the effective veto for his appointees -- I 

17   suppose wouldn't exist anymore, right?  That 

18   would go to the new majority leader relative to 

19   his conference.

20                SENATOR FLANAGAN:   Well, let me do 

21   this, Senator Squadron.  Since you're asking the 

22   question, I'm going to answer it just by reading 

23   what I have.  

24                To commence an investigation against 

25   a legislator, candidate for the Legislature, or a 

                                                               3953

 1   legislative employee requires a vote of eight 

 2   commissioners, including two members appointed by 

 3   the legislative leaders who are of the same major 

 4   political party as the subject in the 

 5   investigation.  And on a parallel, the same would 

 6   apply to executive branch employees.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Squadron.

 9                SENATOR SQUADRON:   Thank you, 

10   Mr. President.  

11                I'm sorry, I know I'm sometimes 

12   little unclear.  If Senator Flanagan would 

13   continue to yield, I'll try to ask more clearly.  

14   I appreciated that answer; I'm not sure if it was 

15   to the -- it certainly wasn't to the question I 

16   was trying to ask.  So let me ask it more clearly 

17   next time, if the Senator would be willing --

18                SENATOR FLANAGAN:   Mr. President, 

19   I'd be happy to yield.  But I don't want Senator 

20   Squadron to think he lacks for clarity.  He might 

21   not have appreciated the quality or content of my 

22   answer, but that happens to be the answer. 

23                SENATOR SQUADRON:   I appreciated 

24   the clarity and the content of Senator Flanagan's 

25   answers.  I've learned something in these 

                                                               3954

 1   debates.  But the question that I'm trying to get 

 2   at is in a -- if this bill passes, we've 

 3   discussed how the majority leader of the Senate 

 4   and the Assembly speaker would have appointees 

 5   who have an effective veto and the ability to 

 6   block investigations into their own conferences, 

 7   that the minority leaders in each house wouldn't 

 8   have a parallel effective veto ability to block.  

 9                And so my only question is would 

10   that ability to veto, does that move with the 

11   majorities if the majorities switch, or is that 

12   permanently imbued in the Senate Republican 

13   conference if this bill passes while the Senate 

14   Republican conference is still in the majority?

15                SENATOR FLANAGAN:   Senator 

16   Squadron, let me answer your question with 

17   somewhat of a hypothetical myself.  Senator Lanza 

18   spoke to this, Senator Skelos spoke to it, I'll 

19   repeat it.  What we attempted to achieve here was 

20   some type of balance.  We've broken new ground 

21   here.  I truly believe this is an independent 

22   commission.  There are people who will be 

23   appointed for a term of five years, not the 

24   executive director for certain.  

25                But I'll offer you a hypothetical.  

                                                               3955

 1   And it's perhaps more important that you pay 

 2   attention to this one, because it may seem like a 

 3   real hypothetical to you.  Imagine that the 

 4   Governor was Republican, that the Senate majority 

 5   was Republican, and that the Assembly majority 

 6   was Republican.  If that hypothetical came true, 

 7   I have a feeling that you would embrace this 

 8   quite solemnly.  Because the effort here is to 

 9   make sure that, no matter who is in charge, that 

10   ultimately there's some type of balance so we can 

11   avoid partisan entanglements and still be able to 

12   do the proper business of the people.  Because 

13   ultimately that's what this is about.

14                SENATOR SQUADRON:   Thank you, 

15   Senator Flanagan.

16                On the bill, Mr. President.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Squadron on the bill.

19                SENATOR SQUADRON:   Thank you.

20                I do very much appreciate the time 

21   and the courtesy that Senator Flanagan and 

22   Senator Lanza gave me.  I think unfortunately, at 

23   the end of this, we didn't get to an answer on 

24   that key question.  

25                Of course the answer is yes, 

                                                               3956

 1   regardless of whether the party is in the 

 2   majority or the minority, there is a permanent 

 3   effective veto power for the appointments made by 

 4   whichever leaders are in the majority the day 

 5   this becomes law, as long as this is law.  Which 

 6   means there's a three-to-one partisan advantage 

 7   for the majority leaders today in both houses.  

 8                That three-to-one advantage 

 9   continues permanently for the majority leaders in 

10   each house so that even if, in a hypothetical, 

11   the majorities in this house were to flip, you 

12   would still have today's minority party with one 

13   appointment even if it was tomorrow's majority 

14   party.  You would still have today's majority 

15   party with three appointments even if it was 

16   tomorrow's minority party.  

17                And the goal that Senator Flanagan 

18   talks about of partisan equity is an important 

19   one.  It's one that Governor Cuomo has talked 

20   about.  It's one that was a criticism of the 

21   ethics bill that passed this house and then 

22   unfortunately was not able to override the veto a 

23   year and a half ago.  

24                The idea of partisan equity is an 

25   important one.  Unfortunately, I think that that 

                                                               3957

 1   idea has been taken and on top of that, in order 

 2   to get the support of the current majority 

 3   conference in this house, has been layered with 

 4   an effective veto, a permanent effective veto, 

 5   the ability to protect from investigation or 

 6   choose not to protect from investigation members 

 7   of the leader's conference.  And I think that is 

 8   highly, highly concerning.

 9                And I understand why Senator 

10   Flanagan didn't want to quite go there and answer 

11   that.  It is unprecedented.  Just as the 

12   structure Senator Lanza and I talked about, it is 

13   concerning.  And I can see why it would be hard 

14   to explicitly discuss on the floor.

15                Look, there's a whole lot in this 

16   bill that's very good.  Much of this bill goes 

17   farther than the ethics bill that we passed a 

18   year and a half ago went.  This bill certainly 

19   goes a lot farther than the status quo.  And we 

20   are in Albany; moving the ball down the field is 

21   extraordinary hard, especially when you're 

22   talking about ethics reform.  Improving the 

23   situation when you're talking about ethics reform 

24   is very, very challenging.  We tried in the last 

25   term with everything we had, some of us, to do 

                                                               3958

 1   that.  We were not successful.  

 2                Under the leadership of Governor 

 3   Cuomo, we have now before us an ethics bill that, 

 4   as I say, in some ways goes farther than any 

 5   ethics bill we have ever had before us in this 

 6   house, this house has ever had before it as long 

 7   as I think any of us have served.  And that's a 

 8   great thing.  

 9                When you talk about disclosure of 

10   outside income, it's going to be a whole new 

11   world.  The public is going to for the first time 

12   know who the people they elected are working for, 

13   not just in their official capacity but also in 

14   their private business dealings.  They will be 

15   able to assess for themselves who it is that 

16   lobbyists and others before the state are hiring 

17   in private business and then make a decision at 

18   the ballot box, which is always the best way to 

19   do it.

20                When you have this JCOPE structure, 

21   the idea of a single independent investigatory 

22   structure is a wonderful idea.  It's a great 

23   structure.  And in fact, I'm a strong believer 

24   that independent investigation is every bit as 

25   important as independent enforcement.  And the 

                                                               3959

 1   idea that the Legislative Ethics Commission, 

 2   which is fair in a partisan way, fair in a 

 3   majority/minority way, continues to exist, but 

 4   you also have this very strong investigatory 

 5   body, is a very good thing.

 6                Unfortunately, a couple of 

 7   provisions of this paragraph undermine that, and 

 8   it is a real shame.  It's a shame that here as we 

 9   come down to the end of session we have a bill 

10   that does so much, does so much on disclosure, 

11   does so much on creating justice for those who 

12   steal public resources and would collect their 

13   pensions, does actually make some really 

14   important steps on campaign finance enforcement, 

15   and has a structure, a single, unified, 

16   independent investigatory structure that is 

17   exactly what it is we need.  But that a couple of 

18   provisions in that structure undermine it, 

19   undermine its independence, is a terrible shame.

20                As I said, there are many provisions 

21   of this bill that are the single strongest 

22   opportunity we're going to have to vote to 

23   improve ethics enforcement, to improve 

24   transparency in this house probably for many 

25   years to come.  And the perfect cannot be the 

                                                               3960

 1   enemy of the good.  And Governor Cuomo and I know 

 2   the leaders of both houses have worked long and 

 3   hard.  We do have a bill before us here before 

 4   session winds down.  

 5                So I would urge my colleagues on 

 6   both sides of the aisle to support this 

 7   compromise, to support this bill because of the 

 8   extraordinarily positive things that are in it.  

 9   But I would also say the goal has been greater 

10   transparency and greater independence.  We have a 

11   bill that goes a long, long way with transparency 

12   and that has made important steps in 

13   independence.  

14                But please remember this day.  As we 

15   move forward, as we look at the effectiveness of 

16   this bill, remember this day in which we said we 

17   have a good structure and then are putting in a 

18   couple of pieces to undermine it.  And let's work 

19   together to ensure that those pieces don't 

20   undermine this bill but in fact allow this 

21   structure to serve independently.

22                Let's make sure that we have the 

23   appointees of all the leaders publicly say how 

24   they voted even if those votes aren't public 

25   under the structure of this bill.  Because at the 

                                                               3961

 1   end of the day, moving ethics reform forward has 

 2   to be something that we all believe in -- not 

 3   just the day we vote for it and the day the press 

 4   release comes out, but something that we believe 

 5   in day in and day out for the years to come.  So 

 6   that the public can trust there is a cop on the 

 7   beat, there is transparency.  

 8                And so, Mr. President, I urge a yes 

 9   vote despite the flaws in this bill.  I 

10   congratulate the Governor on pushing the 

11   Legislature and pushing this bill farther than 

12   any that we've seen before.  

13                Thank you, Mr. President.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Oppenheimer.  Senator Oppenheimer passes.

16                Senator Rivera.

17                SENATOR RIVERA:   Thank you, 

18   Mr. President.  

19                I stand today to support this bill.  

20   Now, while I agree with my colleague about some 

21   of the things that we need to make better in this 

22   bill, I stand today very proud to support it.  

23                The very first bill that I 

24   introduced when I came to this body was a bill 

25   regarding financial disclosure of outside 

                                                               3962

 1   income.  I've always believed that the people 

 2   that we represent have the right to know that we 

 3   are working for them, have a right to know that 

 4   the income that we get is from -- whether it's 

 5   from the state or from other entities, they 

 6   should know who are the folks that actually pay 

 7   our bills.  

 8                I myself teach part-time at Pace 

 9   University and will continue to do so.  And I 

10   know that there are many legislators here who 

11   also have other jobs on the side.  But we should 

12   make sure that people out there know who are the 

13   folks that are paying our bills.  

14                So I always believed that that is 

15   the right of citizens, and that is why I will be 

16   supportive of this bill, since the first bill 

17   that I introduced was regarding that.

18                As a matter of fact, very much the 

19   reason that I am here has to do with ethics -- 

20   not only because of the concerns of the people in 

21   this body, but certainly with the people in my 

22   district.  The people of the State of New York 

23   need to trust this Legislature and this 

24   government again.  And I believe that this is a 

25   great step moving forward in that direction.

                                                               3963

 1                So I will be supportive of this 

 2   bill.  I will vote in the affirmative.  I 

 3   encourage all my colleagues to do the same.  And 

 4   I thank the Governor for his leadership in 

 5   bringing us to this moment.

 6                Thank you so much, Mr. President.

 7                ACTING PRESIDENT GRIFFO:   Is there 

 8   any other Senator wishing to be heard?  

 9                Senator Oppenheimer.

10                SENATOR OPPENHEIMER:   Thank you.  

11                I also will be supporting this 

12   bill.  And like we have heard, I think the 

13   purpose of the bill and certainly the underlying 

14   objective is one that we have all been supporting 

15   for so many years.  I was writing ethics bills 

16   25 years ago, because it was a keen concern when 

17   I came here, like Senator Rivera.  I came here 

18   also as a past League of Women Voters president, 

19   and this was a concern that we had always had.

20                I just wanted to pose the one 

21   difficulty I had that was brought up by Senator 

22   Squadron.  I was for two years chair of the 

23   Legislative Ethics Commission.  And that was a 

24   fine commission and did an excellent job.  It was 

25   constrained.  It was constrained, it was like 

                                                               3964

 1   there was a wire tied around it and it couldn't 

 2   do the things that it had to do.

 3                And the people on it were certainly 

 4   very objective.  We often discussed things for 

 5   two, three hours at a time, things that were just 

 6   ethical questions.  And it was like nothing else 

 7   here in Westchester -- pardon me, in Albany, 

 8   because we were dealing purely from an ethical 

 9   point of view.

10                The one concern I have, though I 

11   will certainly be supporting the bill, because it 

12   is certainly that we -- it's the direction we 

13   have to move in.  But the concern that we are not 

14   equal in numbers as we were in the Legislative 

15   Ethics Commission, where there was no one side 

16   that had advantage over any other side and we all 

17   dealt solely with the issue as the issue stood.  

18   There was no advantage, there was no talking 

19   about was this a Republican or a Democrat, 

20   because we were totally equally divided.  So we 

21   had to have an understanding of what the issue 

22   was and the ethical issue was.  

23                And so therefore I am concerned 

24   about the numbers.  I can see something happening 

25   like this:  Three members of the majority party 

                                                               3965

 1   on the new commission just, you know, not moving 

 2   ahead on any particular individual that they feel 

 3   from their political point of view, maybe, is 

 4   damaging to them.  And that was something that 

 5   could not have happened in the prior commission.

 6                Unfortunately, the prior commission 

 7   was only there for the Legislature.  It wasn't 

 8   there for the Executive, it wasn't there for the 

 9   agencies, it wasn't there for, you know, all the 

10   entities of the state.  It was just there for the 

11   Legislature.  And that was one of the failings.  

12                But I think one of its strengths was 

13   that everybody there were in equal numbers, and 

14   so there couldn't be any majority rule, any three 

15   versus one.

16                But now that I've expressed my 

17   dissatisfaction with the way the members are 

18   going to be appointed, they both share -- at 

19   least it was something very valuable, I think, in 

20   the Legislative Ethics Commission.  It was very 

21   valuable that we had four members who came from 

22   outside of government.  And I think that's an 

23   important thing that will hopefully be 

24   continued.  

25                But I will be supporting this.  It 

                                                               3966

 1   certainly is the move that we all have to make.

 2                ACTING PRESIDENT GRIFFO:   Thank 

 3   you, Senator Oppenheimer.

 4                Senator Avella.

 5                SENATOR AVELLA:   Thank you, 

 6   Mr. President.  

 7                I join with the comments of my 

 8   colleagues on the Democratic side about the 

 9   problems with the bill.  

10                But I'm actually honored to be here 

11   in the State Senate to vote for this ethics 

12   reform.  I think we all campaigned upon this, to 

13   change the way Albany operates.  And this is a 

14   huge step forward.  

15                And I want to thank the Governor, 

16   Speaker Skelos, Senator Skelos, the Minority 

17   Leader of the Senate, Senator Sampson, and of 

18   course the Speaker of the Assembly.  This does 

19   move us much further down the road, and I really 

20   consider it an honor to vote for this bill.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Kennedy.

23                SENATOR KENNEDY:   Thank you, 

24   Mr. President.  

25                I too consider it an honor not only 

                                                               3967

 1   to be in these chambers but to vote on this 

 2   ethics reform legislation.  I want to thank the 

 3   Governor for demanding that we take up this 

 4   important legislation.

 5                You know, New York State government, 

 6   starting in Albany, has been the epicenter of 

 7   dysfunction in the nation.  Some have referred to 

 8   the State Capitol over the years as the most 

 9   dysfunctional state government in the entire 

10   nation.

11                This past November, in unprecedented 

12   numbers, there was turnover in this chamber 

13   alone.  I was one of 13 new members in this 

14   chamber.  Prior to November of this year, 

15   unfortunately for the people of New York State, 

16   more individuals in the State Legislature had to 

17   resign amid scandal than had lost general 

18   election.  

19                And we're taking change to Albany 

20   today, and we're making change for the future in 

21   Albany, strengthening ethics laws that will bring 

22   trust in state government back to the State 

23   Capitol for the people of all of New York State.  

24   This multifaceted approach to uncover and attack 

25   corruption should be commended, and this ethics 

                                                               3968

 1   reform package will absolutely instill 

 2   transparency and accountability back into 

 3   New York State government.  I vote in the 

 4   affirmative.

 5                Thank you.

 6                ACTING PRESIDENT GRIFFO:   Thank 

 7   you.

 8                Is there any other Senator?  Seeing 

 9   none, debate is closed.

10                You want to speak?  Senator Diaz.  

11   Senator Diaz, welcome to the chamber.

12                SENATOR DIAZ:   Mr. President.

13                ACTING PRESIDENT GRIFFO:   Welcome 

14   to the chamber.

15                SENATOR DIAZ:   Thank you.

16                Mr. President and ladies and 

17   gentlemen, last year we, the Democrats, were in 

18   the majority of this chamber here.  We had 

19   control of this chamber last year.  And our 

20   leader brought to us a bill, an ethics bill.  And 

21   I was the only -- I was the only Democrat, the 

22   only Democrat, ladies and gentlemen and 

23   Mr. President, that voted no last year for that 

24   bill, for the bill that our leader in the 

25   Democratic Party brought to us.  

                                                               3969

 1                And I voted no because that was bill 

 2   was a flunky one, full of holes, and didn't 

 3   require everybody to release the names of the 

 4   people that those guys are doing business with.  

 5   So that's why I voted no last year.  And again, 

 6   I'm going to say it again, I was the only 

 7   Democrat that voted no last year.  

 8                But today Senator Skelos is bringing 

 9   us a bill that is forcing everyone to require -- 

10   the bill still has some holes, but this is a 

11   different bill than the bill that was brought to 

12   us last year.  And today Senator Skelos has 

13   brought us this bill, and I am supporting it.  

14   This year I am voting yes.  

15                Last year I voted no, this year I'm 

16   voting yes.  Thank you.

17                ACTING PRESIDENT GRIFFO:   Thank 

18   you, Senator Diaz. 

19                Debate is closed.  The Secretary 

20   will ring the bell.

21                Read the last section.

22                THE SECRETARY:   Section 4.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.

                                                               3970

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Lanza to explain his vote.

 4                SENATOR LANZA:   Mr. President, I 

 5   rise in support of this legislation, and I'm glad 

 6   that we're going to have bipartisan support --

 7                ACTING PRESIDENT GRIFFO:   Excuse 

 8   me, Senator Lanza.  

 9                Can we have order, please 

10   {gaveling}.

11                Senator Lanza.

12                SENATOR LANZA:   And I'm very happy 

13   to see that we're going to have bipartisan 

14   support here at the end of the day.  

15                This is good legislation.  This is a 

16   day, my colleagues, that we will all look back 

17   upon with pride, because we are getting it 

18   right.  This legislation will invite the trust 

19   and confidence of the people across this state 

20   who we represent.  And as we address the myriad 

21   of difficult issues that face this state, we will 

22   do so together, in partnership with the people we 

23   represent.  

24                I'm glad that we were able to 

25   partner with Governor Cuomo on this legislation.  

                                                               3971

 1   I commend and thank my leader, Senator Skelos, 

 2   the Speaker, Shelly Silver, the minority leader 

 3   in both houses, because this truly is an historic 

 4   piece of legislation.  

 5                There was a statement by Senator 

 6   Squadron which I do not wish to let stand, 

 7   however.  When he says this legislation locks in 

 8   the game for present leaders, he couldn't be more 

 9   further from the truth.  This legislation does 

10   precisely the opposite.  

11                Perhaps the disagreement we have is 

12   our interpretation of the word "independence."  

13   The suggestion and the model that he spoke of 

14   that would presently lock in three-quarters of 

15   the panel being Democrat and one-quarter being 

16   Republican, everyone across the state knows that 

17   that's not independence. 

18                What this does is ensure that 

19   leadership power is not locked in.  This 

20   legislation means that whomever the governor is, 

21   whomever the majority leader is, whomever the 

22   speaker of the Assembly is, that there will be a 

23   fair representation -- bipartisan, Democrat, 

24   Republican.  We all understand that witch-hunts 

25   don't arise by virtue of one legislative branch 

                                                               3972

 1   going after the other or the executive, that it 

 2   occurs by and between the parties.  This 

 3   legislation will ensure that this panel will not 

 4   be exploited, manipulated and abused in a 

 5   partisan fashion.

 6                Mr. Speaker -- Mr. Speaker.  

 7   Mr. President, I vote in the affirmative.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Lanza to be recorded in the affirmative.

10                Senator DeFrancisco to explain his 

11   vote.

12                SENATOR DEFRANCISCO:   Yes, I'm 

13   going to vote in the affirmative as well.  But 

14   I -- you know, it's been a very tough few years 

15   in Albany.  And I know that much has been said 

16   about the dysfunction of Albany and the need for 

17   ethics reform.  

18                I just can't let this bill pass 

19   without saying that the vast majority of the 

20   people that I have dealt with over my 19 years in 

21   the Senate, both in the Assembly and in the 

22   Senate, are good people with different points of 

23   view, maybe, but attempting to do what they think 

24   is right for their constituents and everyone in 

25   the State of New York.

                                                               3973

 1                And this concept of a few people 

 2   that have ruined the reputation of this great 

 3   body is so disheartening to me that I think that 

 4   those who have done the right thing, those who 

 5   have played by the rules, those who have acted 

 6   ethically, should be recognized.  And it's a 

 7   shame that everyone's been painted with that same 

 8   broad brush.  

 9                Lastly, this ethics reform is a good 

10   bill.  But I'm going to tell all of the people 

11   that are listening that the people that got in 

12   trouble violated existing criminal laws.  And 

13   those criminal laws are still on the books.  All 

14   the disclosure in the world, all the openness in 

15   the world isn't going to change someone's 

16   character.  And it may give people something to 

17   read and look at and to study and to say, "Oh, my 

18   God, what an income that person has," or "He 

19   doesn't make much at all."  But what that has to 

20   do, I believe, with whether you're acting 

21   ethically or not I think is minimal.

22                So the bill is a good bill.  It 

23   satisfies the good government groups for now; no 

24   doubt they'll want more next year.  But the fact 

25   of the matter is you're ethical if you have good 

                                                               3974

 1   character, and most everyone in this body has 

 2   been over the years that I have served.

 3                So I vote yes.  And hopefully this 

 4   will put an end to some of these discussions 

 5   about dysfunctional government and everybody's 

 6   bad.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   DeFrancisco to be recorded in the affirmative.  

 9                Senator Breslin to explain his 

10   vote.  

11                SENATOR BRESLIN:   Thank you, 

12   Mr. President.

13                First, I applaud Senator Kennedy for 

14   speaking out and talking for the 13 new members 

15   who come here looking for ethics reform.  But at 

16   the same time, I applaud Senator DeFrancisco for 

17   pointing out that the great majority of both 

18   Democrats and Republicans come to this body and 

19   they come to this body in an honest way to do the 

20   business of the people.  And ethics reform for 

21   the most part would not have covered the people 

22   who have committed heinous acts who have been 

23   eliminated from this body.

24                This bill, I applaud the Governor.  

25   We are finally going to have independent ethics 

                                                               3975

 1   reform.  But I must say I would also like to see 

 2   it in the future be more open, to have the voting 

 3   process more open and also more reflective of the 

 4   structure of the Senate.  To assume that it 

 5   should always be three-to-one, the voting, for 

 6   Republicans -- not majority-minority, Republicans 

 7   and one Democrat -- I find to be something less 

 8   than democratic.  So we should keep an eye on 

 9   it.  

10                But this day we've waited for.  And 

11   this day is a special day.  And I know that this 

12   Governor is anxious to sign this into law.  I 

13   vote in the affirmative.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Breslin to be recorded in the affirmative.

16                I want to remind members to confine 

17   their explanations within two minutes.

18                Senator Robach to explain his vote.

19                SENATOR ROBACH:   Yes, 

20   Mr. President, I rise to support this bill.  

21                And while I agree very much with 

22   much that has been said about the character of 

23   most people, on the other hand, far too often we 

24   pick up the newspaper and find another colleague 

25   already down the road violating this.  

                                                               3976

 1                I really believe this bill, with the 

 2   expanded disclosure, other measures, is going to 

 3   make it less likely we're going to see that 

 4   outcome happen.  And for that reason alone, we 

 5   should all support it.

 6                I would just point out, too, I, 

 7   Senator Flanagan, a few other people had 

 8   cosponsored a bill too that if somebody does, in 

 9   light of even existing law, but now this expanded 

10   law in ethics should violate that, they're going 

11   to have additional skin in the game where they 

12   would forfeit their pension.  

13                And I know in my district a lot of 

14   people were shocked to know that members of the 

15   Legislature, the very people they trust, could 

16   violate that law, quite frankly be convicted of 

17   stealing money from the government in some cases, 

18   and then still collect a pension on top of that.

19                Besides the other good measures, the 

20   disclosure, we're closing that loophole.  And I 

21   think those are all good things and make me happy 

22   to cast my vote in the affirmative.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Robach to be recorded in the affirmative.

25                Senator Krueger to explain her vote.

                                                               3977

 1                SENATOR KRUEGER:   Thank you, 

 2   Mr. President.  

 3                It's a good bill.  It's not a 

 4   perfect bill.  My colleagues have articulated 

 5   well the flaws in it.  We'll be back.  I'm 

 6   confident we are going to pass this bill today.  

 7   We will make real progress.  

 8                I think perhaps what's the most 

 9   important part of this legislation and the broad 

10   dialogue that has taken place throughout the 

11   State of New York is the recognition that 

12   sunlight is the best astringent.  

13                My colleagues have pointed out the 

14   vast majority of people who come through this 

15   chamber and the Assembly chamber are good, honest 

16   people who come here for the right reasons.  And 

17   I believe that's true.  But it's also critical to 

18   have well-drawn lines, to have lines in the sand 

19   that you know you can't step over.  

20                I do believe that this legislation 

21   will help everyone, whether they ever imagined 

22   going near a line or whether they think that 

23   maybe they've crossed it one or two times, to 

24   rethink how they're behaving or to rethink 

25   whether they want to stay in the Legislature.

                                                               3978

 1                So I'm hoping with this law we will 

 2   see a new discussion among people who plan to 

 3   come here, and people who may be deciding whether 

 4   or not to stay here, that they understand very 

 5   clearly what the rules are, that there will be 

 6   far more sunlight on all of us.  

 7                And let's be honest.  Let's say, 

 8   because there's some disagreement about the two 

 9   or three out of 11 not approving an investigation 

10   going forward, we live in a world full of leaks, 

11   full of computer information.  I suspect very 

12   quickly those kinds of decisions will become 

13   public as well and the public will be asking us 

14   many more questions.

15                I vote yes, Mr. President.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Krueger to be recorded in the affirmative.

18                Senator Farley to explain his vote.

19                SENATOR FARLEY:   Thank you, 

20   Mr. President.

21                I rise in support of this 

22   legislation.  For the 35 years that I've served 

23   here, it's been unfortunate to see the image of 

24   the Senate and the Legislature deteriorate to the 

25   point that the public sometimes loses faith with 

                                                               3979

 1   us.  

 2                No bill or ethics legislation that 

 3   we pass is going to solve all of the problems of 

 4   somebody who is dishonest.  But I'd like to pay 

 5   tribute to Senator Flanagan, Senator Lanza, who 

 6   sits next to me, and Senator Hannon, who 

 7   negotiated on this bill and made it a better 

 8   piece of legislation.  

 9                So many of the little things that 

10   were in the ethics legislation that made it 

11   almost impossible to serve in this house because 

12   you were going to be violating the ethics law if 

13   you picked up a cookie or a bun or some other 

14   thing at a firemen's dinner.  It was absolutely 

15   insane, some of the regulations that made it 

16   impossible for you to do your job.

17                This is a better piece of 

18   legislation.  It's one that will have to be tuned 

19   up, I'm sure, as the time goes on.  But it's a 

20   good piece of legislation that my colleagues made 

21   it much better than what was originally out 

22   there.  I vote aye.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Farley to be recorded in the affirmative.

25                Senator Carlucci to explain his 

                                                               3980

 1   vote.

 2                SENATOR CARLUCCI:   Thank you, 

 3   Mr. President.

 4                I believe this is a bright day for 

 5   the State of New York, and I want to thank my 

 6   colleagues for supporting this bill.  I believe 

 7   we have the opportunity to start to move in a new 

 8   direction by providing this transparency that the 

 9   good people of New York deserve in their 

10   government.

11                This has many good points, this 

12   bill, particularly of stripping public pensions 

13   of politicians that violate the public trust 

14   using their position.  

15                You know, I have the good fortune of 

16   going around my district and talking to students 

17   and talking to young people, and unfortunately, 

18   you talk about a politician and it's seen as a 

19   dirty word.  I know myself at a young age I knew 

20   I wanted to run for office one day, and people 

21   would say to me, "Why do you want to do that?  

22   You're a nice person."

23                I think this is important that we 

24   give teeth to ethics, that we have the 

25   transparency, and when people disobey the public 

                                                               3981

 1   trust they are accountable for it.  

 2                Mr. President, I'll be voting in the 

 3   affirmative.  Thank you.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Carlucci to be recorded in the affirmative.

 6                Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 1182, absent from voting:  

 9   Senator Parker.  

10                Ayes, 61.  Nays, 0.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                Senator Libous.

14                SENATOR LIBOUS:   Mr. President, 

15   before I announce that the Senate will stand at 

16   ease, there will be a 7:00 o'clock Republican 

17   conference in Room 332.  That's a 7:00 o'clock 

18   Republican conference.  

19                The Senate will stand at ease until 

20   7:30 p.m.

21                ACTING PRESIDENT GRIFFO:   There 

22   will be a Republican conference at 7:00 p.m. in 

23   Room 332, and the Senate will stand at ease until 

24   7:30 p.m. this evening.

25                (Whereupon, the Senate stood at ease 

                                                               3982

 1   at 5:13 p.m.)

 2                (Whereupon, the Senate reconvened at 

 3   8:15 p.m.)

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Senate will come to order.  

 6                Senator Libous.

 7                SENATOR LIBOUS:   Thank you, 

 8   Mr. President.  

 9                At this time can we just go to 

10   motions and resolutions.

11                ACTING PRESIDENT GRIFFO:   Motions 

12   and resolutions.  

13                Senator Libous.

14                SENATOR LIBOUS:   On behalf of 

15   Senator Hannon, I wish to call up his bill, 

16   Senate Print Number 4992, recalled from the 

17   Assembly, which is now at the desk.

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   599, by Senator Hannon, Senate Print 4992, an act 

22   to amend the Public Health Law.

23                SENATOR LIBOUS:   Mr. President, I 

24   now move to reconsider the vote by which this 

25   bill was passed.

                                                               3983

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll on reconsideration.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 62.

 5                SENATOR LIBOUS:   Mr. President, I 

 6   offer up the following amendments.

 7                ACTING PRESIDENT GRIFFO:   

 8   Amendments received.

 9                SENATOR LIBOUS:   Mr. President, can 

10   we go to the regular calendar.

11                Mr. President, before we do that, 

12   and as long as we're still on motions, Senator 

13   Breslin has one.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Breslin.

16                SENATOR BRESLIN:   Thank you, 

17   Mr. President.

18                On behalf of Senator Andrea 

19   Stewart-Cousins, I wish to call up Senate Print 

20   Number 2373, recalled from the Assembly, which is 

21   now at the desk.

22                ACTING PRESIDENT GRIFFO:   The 

23   Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   142, by Senator Stewart-Cousins, Senate Print 

                                                               3984

 1   2373, an act to amend the State Technology Law.

 2                SENATOR BRESLIN:   Mr. President, I 

 3   now move to reconsider the vote by which this 

 4   bill was passed.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll on reconsideration.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 62.

 9                SENATOR BRESLIN:   Mr. President, I 

10   now offer the following amendments.

11                ACTING PRESIDENT GRIFFO:   The 

12   amendments are received.

13                SENATOR BRESLIN:   Thank you, 

14   Mr. President.

15                ACTING PRESIDENT GRIFFO:   Thank 

16   you, Senator Breslin.

17                Senator Libous.

18                SENATOR LIBOUS:   Thank you, 

19   Mr. President.  

20                Can we now go to the regular 

21   calendar, the reading of the noncontroversial 

22   regular calendar for today.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will read the noncontroversial original 

25   calendar.

                                                               3985

 1                THE SECRETARY:   Calendar Number 14, 

 2   by Senator Young, Senate Print 801A, an act to 

 3   amend the Environmental Conservation Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   In relation to 

12   Calendar Number 14, those recorded in the 

13   negative are Senators Duane, Espaillat, Perkins 

14   and Serrano.  

15                Ayes, 58.  Nays, 4.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   137, by Senator Ritchie, Senate Print 3318, an 

20   act to amend the Vehicle and Traffic Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the 30th day.

25                ACTING PRESIDENT GRIFFO:   Call the 

                                                               3986

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT GRIFFO:   Announce 

 4   the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar Number 137, those recorded in the 

 7   negative are Senators Adams, Addabbo, Avella, 

 8   Diaz, Espaillat, Gianaris, Hassell-Thompson, 

 9   L. Krueger, Montgomery, Oppenheimer, Parker, 

10   Peralta, Perkins, Rivera, Serrano, and Squadron.  

11   Also Senator Duane.

12                Ayes, 45.  Nays, 17.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   152, by Senator Maziarz, Senate Print 186, an act 

17   to amend the General Municipal Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the 30th day.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 62.

                                                               3987

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   170, substituted earlier today by Member of the 

 5   Assembly Sweeney, Assembly Print 5318A, an act to 

 6   amend the Environmental Conservation Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 11.  This 

10   act shall --

11                SENATOR LIBOUS:   Lay it aside for 

12   the day.

13                ACTING PRESIDENT GRIFFO:   Lay it 

14   aside for the day.

15                THE SECRETARY:   Calendar Number 

16   172, by Senator Saland, Senate Print 1415B, an 

17   act to amend the Penal Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 8.  This 

21   act shall take effect on the 90th day.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:  Ayes, 61.  Nays, 1.  

                                                               3988

 1   Senator Duane recorded in the negative.  

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   218, by Senator Robach, Senate Print 565A, an act 

 6   to amend the Alcoholic Beverage Control Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the 90th day.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 61.  Nays, 

15   1.  Senator Duane recorded in the negative.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   222, substituted earlier today by Member of the 

20   Assembly DenDekker, Assembly Print Number 2059, 

21   an act to amend the Mental Hygiene Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.

                                                               3989

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   280, by Senator Hannon, Senate Print 3953B, an 

 9   act to amend the Education Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 4.  This 

13   act shall take effect on the first of July.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Squadron to explain his vote.

19                SENATOR SQUADRON:   Thank you.  

20                I just want to briefly commend 

21   Senator Hannon on this bill.  This is an issue 

22   that seems so simple, protecting young people 

23   from the permanent effects of brain injuries, but 

24   we know it's quite complex.  It's something that 

25   we've worked together on in a bipartisan way.  

                                                               3990

 1   He's taken great leadership.  

 2                I vote aye, Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Squadron to be recorded in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar 280:  Ayes, 61.  Nays, 1.  Senator 

 8   DeFrancisco recorded in the negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   307, by Senator Gianaris, Senate Print 2510A, an 

13   act to amend the Penal Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 5.  This 

17   act shall take effect on the 90th day.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   331, substituted earlier today by Member of the 

                                                               3991

 1   Assembly Lavine, Assembly Print Number 6334, an 

 2   act to repeal Section 680-f of the General 

 3   Municipal Law.

 4                ACTING PRESIDENT GRIFFO:   There is 

 5   a home-rule message at the desk.

 6                Read the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                SENATOR LIBOUS:   Mr. President.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Libous.

18                SENATOR LIBOUS:   Was that Senator 

19   Gianaris's first bill, I believe, in the Senate?  

20                (Applause.)

21                SENATOR LIBOUS:   Mr. President, I 

22   believe I took the words out of Senator Breslin's 

23   mouth.  I apologize.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Breslin.

                                                               3992

 1                SENATOR BRESLIN:   If I had been 

 2   recognized --

 3                (Laughter.)

 4                SENATOR BRESLIN:   -- I would have 

 5   said congratulations to Senator Gianaris on his 

 6   first bill in the Senate.  

 7                I will now say that.  

 8   Congratulations.

 9                ACTING PRESIDENT GRIFFO:    

10   Congratulations, Senator Gianaris.

11                (Applause.)

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will read.  

14                THE SECRETARY:   On page 31, Senator 

15   Young moves to discharge, from the Committee on 

16   Environmental Conservation, Assembly Bill Number 

17   3556A and substitute it for the identical Senate 

18   Bill Number 2840A, Third Reading Calendar 341.

19                ACTING PRESIDENT GRIFFO:   The 

20   substitution is ordered.

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   341, by Member of the Assembly Magee, Assembly 

24   Print 3556A, an act to amend the Environmental 

25   Conservation Law.

                                                               3993

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 62.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   356, substituted earlier today by Member of the 

13   Assembly Cusick, Assembly Print 5022, an act to 

14   amend the Lien Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 

                                                               3994

 1   358, by Senator Seward, Senate Print 2378, an act 

 2   to amend the Alcoholic Beverage Control Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 180th day.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 62.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   362, substituted earlier today by Member of the 

15   Assembly Glick, Assembly Print 7262, an act to 

16   amend Chapter 674 of the Laws of 1993.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT GRIFFO:   The bill 

                                                               3995

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   371, by Senator Dilan, Senate Print 1362, an act 

 4   to amend the Vehicle and Traffic Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the 30th day.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 61.  Nays, 

13   1.  Senator Duane recorded in the negative.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   393, by Senator Young, Senate Print 3499A, an act 

18   to amend the Town Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)

                                                               3996

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   395, by Senator Maziarz, Senate Print 510, an act 

 6   to amend --

 7                SENATOR LIBOUS:   Lay it aside for 

 8   the day, please.

 9                ACTING PRESIDENT GRIFFO:   Lay it 

10   aside for the day.

11                THE SECRETARY:   Calendar Number 

12   439, by Senator Golden, Senate Print 4016, an act 

13   to amend the Labor Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect 60 days after it shall have 

18   become a law.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 

                                                               3997

 1   480, substituted earlier today by Member of the 

 2   Assembly Goodell, Assembly Print 6967, an act to 

 3   amend Chapter 405 of the Laws of 2007.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 61.  Nays, 

12   1.  Senator Parker recorded in the negative.  

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   504, by Senator Saland, Senate Print 4711, an act 

17   to amend Chapter 556 of the Laws of 2007.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 61.  Nays, 

                                                               3998

 1   1.  Senator Parker recorded in the negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   510, by the Senate Committee on Rules, Senate 

 6   Print 4871, an act to amend the Tax Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   In relation to 

15   Calendar Number 510, those recorded in the 

16   negative are Senators Dilan, Espaillat, 

17   L. Krueger, Parker, Peralta, Perkins, Rivera, 

18   Squadron.

19                ACTING PRESIDENT GRIFFO:   Those in 

20   the negative please signify by raising your 

21   hands.

22                THE SECRETARY:   Also Senator 

23   Hassell-Thompson.  

24                Ayes, 53.  Nays, 9.

25                ACTING PRESIDENT GRIFFO:   The bill 

                                                               3999

 1   is passed.

 2                Senator Libous.

 3                SENATOR LIBOUS:   Mr. President, 

 4   could we go back to Calendar Number 395.  And if 

 5   I could remove the lay-aside, please, without 

 6   objection, and call up the bill.

 7                ACTING PRESIDENT GRIFFO:   Without 

 8   objection, the lay-aside is removed.  

 9                The Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   395, by Senator Maziarz, Senate Print 510, an act 

12   to amend the Labor Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 6.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Those recorded in 

21   the negative on Calendar 395 are Senators Duane, 

22   Peralta and Rivera.

23                Ayes, 59.  Nays, 3.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.

                                                               4000

 1                THE SECRETARY:   Calendar Number 

 2   522, substituted earlier today by Member of the 

 3   Assembly Hevesi, Assembly Print 6902A, an act to 

 4   amend the Public Health Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   534, by Senator Zeldin, Senate Print 4026, an act 

17   to amend the Correction Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 4.  This 

21   act shall take effect on the first of November.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Those recorded in 

                                                               4001

 1   the negative on Calendar 534 are Senators Duane, 

 2   Hassell-Thompson, Montgomery, Parker and Perkins.

 3                Ayes, 57.  Nays, 5.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   540, by Senator Zeldin, Senate Print 4442, an act 

 8   to authorize Victims Information Bureau of 

 9   Suffolk, Inc.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   In relation to 

18   Calendar Number 540, those recorded in the 

19   negative are Senators Bonacic and Larkin.  

20                Ayes, 60.  Nays, 2.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   552, by Senator Breslin, Senate Print 3665A, an 

25   act to amend the Insurance Law.

                                                               4002

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect immediately.  

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 552, those recorded in the 

10   negative are Senators Ball, Griffo and Maziarz.  

11                Ayes, 59.  Nays, 3.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   572, by Senator Little, Senate Print 345, an act 

16   to amend the Executive Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:  Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   In relation to 

25   Calendar 572, those recorded in the negative are 

                                                               4003

 1   Senators Avella, Dilan, Duane, Espaillat, 

 2   Gianaris, Hassell-Thompson, L. Krueger, 

 3   Montgomery, Oppenheimer, Parker, Peralta, 

 4   Perkins, Rivera, Serrano, Squadron, Stavisky, and 

 5   Stewart-Cousins.  Also Senator Adams.  

 6                Ayes, 44.  Nays, 18.  

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   573, by Senator Montgomery, Senate Print 372A, an 

11   act to amend the Executive Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   In relation to 

20   Calendar Number 573, those recorded in the 

21   negative are Senators Ball and Ranzenhofer.  

22                Ayes, 60.  Nays, 2.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 

                                                               4004

 1   577, by Senator Robach, Senate Print 732, an act 

 2   to amend the Executive Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 5.  This 

 6   act shall take effect on the 90th day.  

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 62.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   On page 44, Senator 

14   Gallivan moves to discharge, from the Committee 

15   on Rules, Assembly Bill Number 4899A and 

16   substitute it for the identical Senate Bill 

17   Number 4830A, Third Reading Calendar 597.

18                ACTING PRESIDENT GRIFFO:   The 

19   substitution is so ordered.

20                The Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   597, by Member of the Assembly Rosenthal, 

23   Assembly Print 4899A, an act to amend the Social 

24   Services Law.

25                ACTING PRESIDENT GRIFFO:   Read the 

                                                               4005

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the 60th day.  

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   603, by Senator Libous, Senate Print 2751, an act 

12   to amend the Highway Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   In relation to 

21   Calendar 603, those recorded in the negative are 

22   Senators Adams, L. Krueger, Parker and Rivera.  

23                Ayes, 58.  Nays, 4.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.

                                                               4006

 1                THE SECRETARY:   Calendar Number 

 2   608, by Senator Parker, Senate Print 1149 --

 3                SENATOR BRESLIN:   Lay it aside for 

 4   the day.

 5                ACTING PRESIDENT GRIFFO:   Lay it 

 6   aside for the day.

 7                THE SECRETARY:   Calendar Number 

 8   609, substituted earlier today by Member of the 

 9   Assembly Englebright, Assembly Print 5525A, an 

10   act to amend the Public Authorities Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 62.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   610, substituted earlier today by Member of the 

23   Assembly Rosenthal, Assembly Print 1474, an act 

24   to amend the Public Authorities Law.

25                ACTING PRESIDENT GRIFFO:   Read the 

                                                               4007

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   617, by Senator Young, Senate Print 850, an act 

12   to amend the Agriculture and Markets Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 4.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   634, by Senator Marcellino, Senate Print 4184, an 

25   act to authorize Family Services League, Inc.

                                                               4008

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 60.  Nays, 

 9   2.  Senators Bonacic and Larkin recorded in the 

10   negative.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   642, by Senator Zeldin, Senate Print 4722, an act 

15   authorizing the assessor of the Town of Islip.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   In relation to 

24   Calendar 642, those recorded in the negative are 

25   Senators Bonacic, Larkin and O'Mara.  

                                                               4009

 1                Ayes, 59.  Nays, 3.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   654, by Senator Marcellino, Senate Print 941, an 

 6   act in relation to legalizing, validating, 

 7   ratifying and confirming.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 4.  This 

11   act shall take effect immediately.  

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.  Nays, 

16   2.  Senators Larkin and O'Mara recorded in the 

17   negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   659, by Senator Libous, Senate Print 2465, an act 

22   to amend the State Finance Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 

                                                               4010

 1   act shall take effect on the 180th day.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   In relation to 

 6   Calendar Number 659, those recorded in the 

 7   negative are Senators Avella, L. Krueger, 

 8   Peralta, Rivera, Saland and Stavisky.  

 9                Ayes, 56.  Nays, 6.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   660, by Senator Libous, Senate Print 2468, an act 

14   to amend the State Finance Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 4.  This 

18   act shall take effect on the first of April.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 

                                                               4011

 1   671, by Senator McDonald, Senate Print 4045A, an 

 2   act to authorize the Town of East Greenbush.

 3                ACTING PRESIDENT GRIFFO:   There is 

 4   a home-rule message at the desk.  

 5                Read the last section.

 6                THE SECRETARY:   Section 6.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   675, substituted earlier today by Member of the 

16   Assembly Thiele, Assembly Print Number 5763, an 

17   act to amend the Navigation Law.

18                ACTING PRESIDENT GRIFFO:   There is 

19   a home-rule message at the desk.

20                Read the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)

                                                               4012

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   On page 49, Senator 

 5   Avella moves to discharge, from the Committee on 

 6   Rules, Assembly Bill Number 4791A and substitute 

 7   it for the identical Senate Bill Number 4838A, 

 8   Third Reading Calendar 676.

 9                ACTING PRESIDENT GRIFFO:   The 

10   substitution is so ordered.

11                The Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   676, by Member of the Assembly Weprin, Assembly 

14   Print Number 4791A, an act to amend Chapter 709 

15   of the Laws of 2005.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 62.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.

                                                               4013

 1                THE SECRETARY:   Calendar Number 

 2   681, substituted earlier today by Member of the 

 3   Assembly Reilly, Assembly Print Number 4729A, an 

 4   act to amend the Environmental Conservation Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   In relation to 

13   Calendar 681, those recorded in the negative are 

14   Senators Avella, Ball, Duane and Montgomery.

15                Ayes, 58.  Nays, 4.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   682, by Senator McDonald, Senate Print 2500, an 

20   act to amend the Environmental Conservation Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 

                                                               4014

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 62.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   On page 50, Senator 

 7   Hannon moves to discharge, from the Committee on 

 8   Social Services, Assembly Print Number 7827 and 

 9   substitute it for the identical Senate Bill 

10   Number 5339, Third Reading Calendar 726.  

11                ACTING PRESIDENT GRIFFO:   

12   Substitution so ordered.  

13                The Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   726, by Member of the Assembly Titus, Assembly 

16   Print 7827, an act to amend Chapter 779 of the 

17   Laws of 1986.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 62.

                                                               4015

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   735, by Senator Espaillat, Senate Print 3117, an 

 5   act to amend the Public Housing Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                SENATOR BRESLIN:   Lay it aside for 

 9   the day.

10                ACTING PRESIDENT GRIFFO:   Lay it 

11   aside for the day.

12                THE SECRETARY:   Calendar Number 

13   740, by Senator Little, Senate Print 4024, an act 

14   to amend the Real Property Tax Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 

                                                               4016

 1   745, by Senator Stavisky, Senate Print 1789, an 

 2   act to amend the Education Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 61.  Nays, 

11   1.  Senator Ball recorded in the negative.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   754, by Senator Nozzolio, Senate Print 459, an 

16   act to repeal Section 396-ff of the General 

17   Business Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                SENATOR BRESLIN:   Lay it aside.

21                ACTING PRESIDENT GRIFFO:   Lay it 

22   aside.

23                THE SECRETARY:   Calendar Number 

24   760, by Senator Ritchie, Senate Print 5231, an 

25   act to amend the Real Property Tax Law.

                                                               4017

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the first of January.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 62.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   769, by Senator Seward, Senate Print 4555A, an 

13   act to amend the Public Authorities Law.

14                ACTING PRESIDENT GRIFFO:   There is 

15   a home-rule message at the desk.  

16                Read the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 61.  Nays, 

23   1.  Senator Farley recorded in the negative.  

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.

                                                               4018

 1                THE SECRETARY:   Calendar Number 

 2   771, by Senator Griffo, Senate Print 5019A, an 

 3   act to amend the Public Authorities Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect on December 31, 2012.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   774, by Senator Little, Senate Print 4151, an act 

16   to authorize the Town of Malone.

17                ACTING PRESIDENT GRIFFO:   There is 

18   a home-rule message at the desk.

19                Read the last section.

20                THE SECRETARY:   Section 5.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 62.  

                                                               4019

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   775, by Senator LaValle, Senate Print 4404, an 

 5   act in relation to the conveyance of the land 

 6   formerly used as an armory for the Town of 

 7   Riverhead.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 5.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   777, by Senator LaValle, Senate Print 4546A, an 

20   act to amend Chapter 626 of the Laws of 1996.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 

                                                               4020

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 62.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   779, by Senator Bonacic, Senate Print 4661A, an 

 8   act to amend Part NN of Chapter 67 of the Laws of 

 9   2008.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 61.  Nays, 

18   1.  Senator Zeldin recorded in the negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   788, substituted earlier today by Member of the 

23   Assembly Abbate, Assembly Print 5738, an act to 

24   amend Chapter 695 of the Laws of 1994.

25                ACTING PRESIDENT GRIFFO:   Read the 

                                                               4021

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   821, substituted earlier today by Member of the 

13   Assembly Lancman, Assembly Print 2129B, an act to 

14   amend the Labor Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect on the 120th day.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 

                                                               4022

 1   822, substituted earlier today by Member of the 

 2   Assembly Schimminger, Assembly Print Number 7268, 

 3   an act to amend Chapter 413 of the Laws of 2003.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   823, by Senator Nozzolio, Senate Print 5208, an 

16   act to amend the Real Property Tax Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                SENATOR STEWART-COUSINS:   Lay it 

20   aside.

21                ACTING PRESIDENT GRIFFO:   Lay it 

22   aside.

23                THE SECRETARY:   Calendar Number 

24   827, substituted earlier today by Member of the 

25   Assembly Glick, Assembly Print 7073, an act to 

                                                               4023

 1   amend Chapter 434 of the Laws of 1999.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 62.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   841, substituted earlier today by Member of the 

14   Assembly Schimminger, Assembly Print 7668, an act 

15   to amend Chapter 396 of the Laws of 2010.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 60.  Nays, 

24   2.  Senators Diaz and Duane recorded in the 

25   negative.

                                                               4024

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   851, by Senator Young, Senate Print 2776, an act 

 5   to validate certain acts of the Fredonia Central 

 6   School District.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 62.  

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   852, by Senator Klein, Senate Print 3414A, an act 

19   to amend the State Finance Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.

                                                               4025

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 852, those recorded in the 

 4   negative are Senators Adams, Addabbo, Avella, 

 5   Diaz, Espaillat, Parker, Rivera, and Stavisky.  

 6                Ayes, 54.  Nays, 8.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   860, by Senator Marcellino, Senate Print 4772, an 

11   act to amend the Alcoholic Beverage Control Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   In relation to 

20   Calendar Number 860, those recorded in the 

21   negative are Senators Bonacic, Diaz, Espaillat, 

22   Fuschillo, Gallivan, Hassell-Thompson, Lanza, 

23   Larkin, LaValle, Martins, Perkins and Saland.  

24                Ayes, 50.  Nays, 12.

25                ACTING PRESIDENT GRIFFO:   The bill 

                                                               4026

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   865, by Senator Marcellino, Senate Print 932, an 

 4   act to amend the Penal Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the first of November.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   In relation to 

13   Calendar Number 865, those recorded in the 

14   negative are Senators Hassell-Thompson, 

15   Montgomery, Parker and Perkins.  

16                Ayes, 58.  Nays, 4.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   870, by Senator Fuschillo, Senate Print 5415A, an 

21   act to amend Chapter 549 of the Laws of 1994.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.  

                                                               4027

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 62.  

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   871, by Senator Zeldin, Senate Print 3844, an act 

 9   to amend Chapter 397 of the Laws of 1996.

10                ACTING PRESIDENT GRIFFO:   There is 

11   a home-rule message at the desk.  

12                Read the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 62.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   875, substituted earlier today by Member of the 

23   Assembly Schimel, Assembly Print 7387A, an act to 

24   authorize the Village of North Hills.

25                ACTING PRESIDENT GRIFFO:   Read the 

                                                               4028

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 875, those recorded in the 

 9   negative are Senators Bonacic, Larkin and O'Mara.

10                Ayes, 59.  Nays, 3.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   885, substituted earlier today by Member of the 

15   Assembly Jaffee, Assembly Print Number 5566, an 

16   act to authorize the Rock Apostolic Church.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT GRIFFO:   I'm going 

25   to ask that we please continue to keep some quiet 

                                                               4029

 1   in the chamber so we can facilitate the reading 

 2   and the stenographer, please.

 3                THE SECRETARY:   In relation to 

 4   Calendar 885, those recorded in the negative are 

 5   Senators Bonacic, Larkin and O'Mara.

 6                Ayes, 59.  Nays, 3.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   886, by Senator Carlucci, Senate Print 4327, an 

11   act to authorize the Village of Montebello.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.  

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   In relation to 

20   Calendar Number 886, those recorded in the 

21   negative are Senators Bonacic, Larkin and O'Mara.

22                Ayes, 59.  Nays, 3.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 

                                                               4030

 1   887, by Senator Carlucci, Senate Print 4330, an 

 2   act to authorize the Village of Montebello.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   In relation to 

11   Calendar Number 887, those recorded in the 

12   negative are Senators Bonacic, Larkin and O'Mara.

13                Ayes, 59.  Nays, 3.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   892, by Senator Griffo, Senate Print 4928, an act 

18   to authorize the Towns of Harrisburg, Montague, 

19   and Pinckney. 

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.

                                                               4031

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   895, substituted earlier today by Member of the 

 7   Assembly Weisenberg, Assembly Print 1007, an act 

 8   to amend the Insurance Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the 30th day.  

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   896, by Senator Seward, Senate Print 4039, an act 

21   to amend the Insurance Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.

                                                               4032

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   898, by Senator Seward, Senate Print 4951, an act 

 9   to amend the Insurance Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   899, by Senator Seward, Senate Print 5028, an act 

22   to amend the Insurance Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 

                                                               4033

 1   act shall take effect on the 180th day.  

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   901, by Senator Seward, Senate Print 5213, an act 

10   to amend the Insurance Law.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Maziarz.

13                SENATOR MAZIARZ:   Could we lay this 

14   bill aside for the day, please.

15                ACTING PRESIDENT GRIFFO:   Lay the 

16   bill aside for the day.

17                THE SECRETARY:   Calendar Number 

18   907, by Senator Griffo, Senate Print 5478, an act 

19   to amend Chapter 526 of the Laws of 1998.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.

                                                               4034

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   908, substituted earlier today by Member of the 

 7   Assembly Hoyt, Assembly Print 408, an act to 

 8   amend the Real Property Tax Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  this 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   910, by Senator Seward, Senate Print 2876, an act 

21   to amend the New York City Civil Court Act.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 5.  This 

25   act shall take effect immediately.

                                                               4035

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   918, by Senator Ranzenhofer, Senate Print 5201, 

 8   an act to amend the General Obligations Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the 90th day.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 60.  Nays, 

17   2.  Senators Duane and Hassell-Thompson recorded 

18   in the negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   920, by Senator LaValle, Senate Print 4925, an 

23   act to amend the General Business Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.

                                                               4036

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   On page 67, Senator 

10   Gianaris moves to discharge, from the Committee 

11   on Rules, Assembly Bill Number 7259 and 

12   substitute it for the identical Senate Bill 

13   Number 4231, Third Reading Calendar 929.

14                ACTING PRESIDENT GRIFFO:    

15   Substitution is so ordered.

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   929, by Member of the Assembly Nolan, Assembly 

19   Print 7259, an act to amend the Education Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.

                                                               4037

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   933, substituted earlier today by Member of the 

 7   Assembly Cahill, Assembly Print 20, an act to 

 8   amend the Agriculture and Markets Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   940, by Senator Little, Senate Print 4161, an act 

21   to amend the Alcoholic Beverage Control Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 9.  This 

25   act shall take effect immediately.

                                                               4038

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 61.  Nays, 

 5   1.  Senator Diaz recorded in the negative.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   946, by Senator Klein, Senate Print 3055, an act 

10   to amend the Vehicle and Traffic Law.

11                ACTING PRESIDENT GRIFFO:   There is 

12   a home-rule message at the desk.

13                The Secretary will read the last 

14   section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   952, by Senator Maziarz, Senate Print 151, an act 

25   to amend the Energy Law.

                                                               4039

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2:  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 62.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   959, by Senator Ranzenhofer, Senate Print 3336, 

13   an act to amend the Penal Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect on the 90th day.  

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT GRIFFO:   Announce 

22   the results.

23                THE SECRETARY:   In relation to 

24   Calendar 959, those recorded in the negative are 

25   Senators Adams, Avella, Breslin, Diaz, Dilan, 

                                                               4040

 1   Hassell-Thompson, L. Krueger, Maziarz, 

 2   Montgomery, Oppenheimer, Parker, Peralta, 

 3   Perkins, Rivera, Serrano, Squadron, Stavisky, 

 4   Stewart-Cousins.  Also Senator Sampson.  Also 

 5   Senator Espaillat.  Also Senator Johnson.

 6                Ayes, 41.  Nays, 21.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   962, substituted earlier today by Member of the 

11   Assembly Farrell, Assembly Print 7238, an act to 

12   amend the Tax Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   965, by Senator Carlucci, Senate Print 4820, an 

25   act to amend the Executive Law.

                                                               4041

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 62.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   968, by Senator Oppenheimer, Senate Print 3470, 

13   an act to amend the Public Health Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect on the 30th day.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 60.  Nays, 

22   2.  Senators Ball and O'Mara recorded in the 

23   negative.  

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.

                                                               4042

 1                THE SECRETARY:   Calendar Number 

 2   975, by Senator Skelos, Senate Print 5145, an act 

 3   to amend the Public Health Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 5.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   983, by Senator McDonald, Senate Print 2505, an 

16   act to amend the Public Authorities Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the 90th day.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT GRIFFO:   The bill 

                                                               4043

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   984, by Senator Adams, Senate Print 3710, an act 

 4   to amend Chapter 15 of the Laws of 1998.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                Senator Maziarz, that completes the 

16   noncontroversial reading of the calendar.

17                SENATOR MAZIARZ:   Thank you, 

18   Mr. President.

19                At this time can we go to the 

20   controversial reading of the calendar, please, 

21   and ask all members to report to the chamber.  

22   Thank you.  

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will ring the bell.

25                The Secretary will read.

                                                               4044

 1                THE SECRETARY:   Calendar Number 

 2   754, by Senator Nozzolio, Senate Print 459, an 

 3   act to repeal Section 396-ff of the General 

 4   Business Law.

 5                SENATOR BRESLIN:   Explanation.

 6                ACTING PRESIDENT GRIFFO:   An 

 7   explanation has been requested, Senator Nozzolio, 

 8   by Senator Breslin.  

 9                SENATOR NOZZOLIO:   Thank you, 

10   Mr. President.

11                Mr. President and my colleagues, at 

12   a time when there is rapid unemployment across 

13   this nation, when this state government has been 

14   fighting and working hard to stretch every 

15   resource, when there has been layoffs in the 

16   state system proposed, when there are issues that 

17   cry out for fiscal responsibility, it's time to 

18   look at this legislation as a way to recognize 

19   that a $40 million failure in state government 

20   should end, and it should end by the passage of 

21   this legislation.

22                This eliminates the CoBIS system, a 

23   system that may have been very well intentioned, 

24   a system that was to establish a ballistic 

25   database where we have seen now, after 40-plus 

                                                               4045

 1   millions of dollars spent not one crime, not any 

 2   crime, no crime has been solved, no perpetrator 

 3   has been brought to justice, not one item of 

 4   criminality has been found and established by 

 5   this legislation in New York State.

 6                To compound that issue, the states 

 7   of Maryland and California have been wise enough 

 8   to eliminate their system.  Studies from those 

 9   states cite the fact that CoBIS has been a 

10   colossal waste of time, money, and manpower.

11                 This Combined Ballistic 

12   Identification System has not produced, as cited 

13   by one of these studies, a single hit on 

14   establishing a gun crime in New York State.

15                This is a waste of money.  It's a 

16   waste of manpower.  It does not help law 

17   enforcement officials.  It is time to say enough 

18   is enough.  Our taxpayers are crying out to us to 

19   find ways to save taxpayers' money.  This is an 

20   excellent way to do it.  Mr. President, this 

21   measure scraps an ineffective, inefficient, 

22   unproductive, expensive program.

23                ACTING PRESIDENT GRIFFO:   Thank 

24   you, Senator Nozzolio.  

25                Senator Krueger.

                                                               4046

 1                SENATOR KRUEGER:   Thank you.

 2                If the sponsor would please yield.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Nozzolio, do you yield?  

 5                SENATOR NOZZOLIO:   Yes, 

 6   Mr. President.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Senator yields.

 9                SENATOR KRUEGER:   Thank you.

10                Well, I have to say I don't know a 

11   lot about this program, which is why I laid the 

12   bill aside, to be able to ask some questions.

13                So we've spent $40 million since the 

14   bill has gone into effect, is that your analysis?

15                SENATOR NOZZOLIO:   Mr. President, 

16   I'm sure I did not hear Senator Krueger's 

17   complete question.  She said "We spent 

18   $40 million," and I didn't hear the rest.

19                SENATOR KRUEGER:   Have we spent 

20   $40 million since the program has gone into 

21   effect here in New York State?  So it's been 

22   11 years, so approximately $3 million or 

23   $4 million a year?  I'm just wanting to make sure 

24   I heard the information correctly.

25                SENATOR NOZZOLIO:   Yes, 

                                                               4047

 1   Mr. President, that's approximately correct.

 2                SENATOR KRUEGER:   Thank you.

 3                Mr. President, if through you the 

 4   sponsor would continue to yield.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Senator yields.

 7                SENATOR KRUEGER:   Thank you.  

 8                And I was looking at the bill memo 

 9   from the original bill, and it was talking about 

10   that this program had been very successful in 

11   other states.  And I just was wondering whether 

12   the sponsor has an opinion of why it was 

13   successful in other states but it has not been 

14   successful here in New York State.

15                SENATOR NOZZOLIO:   Mr. President, I 

16   don't believe it was successful in any other 

17   state.  

18                That I believe the State of Maryland 

19   had the system when New York decided to adopt 

20   it.  Maryland has seen the light.  The studies 

21   commissioned by the State of Maryland have 

22   indicated it's time to scrap their program.  And 

23   that, frankly, I believe that whatever successes 

24   were proposed have long since been cast aside by 

25   its ineffectiveness.

                                                               4048

 1                SENATOR KRUEGER:   Mr. President, if 

 2   the sponsor would continue to yield.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Nozzolio, do you continue to yield?  

 5                SENATOR NOZZOLIO:   Yes, 

 6   Mr. President.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Senator yields.

 9                SENATOR KRUEGER:   Thank you.

10                So Maryland has decided to drop 

11   their program.  But do the majority of the rest 

12   of the states still have this program in effect?  

13                SENATOR NOZZOLIO:   Mr. President, 

14   it's my understanding that just half a handful of 

15   states ever were hoodwinked into establishing 

16   this program in the first place.  New York was 

17   one of those.  And that that's why this 

18   legislation is proffered, to stop the pain and 

19   suffering that our constituents are having as a 

20   result of wasteful expenditures.

21                SENATOR KRUEGER:   Mr. President, if 

22   through you the sponsor would continue to yield.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Nozzolio, do you yield?  

25                SENATOR NOZZOLIO:   Yes, 

                                                               4049

 1   Mr. President.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senator yields.

 4                SENATOR KRUEGER:   Thank you.  Thank 

 5   you.  I appreciate the sponsor's answers to my 

 6   questions.

 7                Who has to implement these laws?  Is 

 8   it the individual gun owner or is it gun sellers, 

 9   is it -- I mean, who's doing what and how is the 

10   $3 million to $4 million being spent per year?  

11                SENATOR NOZZOLIO:   Mr. President, I 

12   never thought that I'd actually congratulate 

13   Senator Krueger for asking a question.  But I 

14   want to congratulate her for asking this 

15   question, because it's a very good question.  

16                It's a question that should be 

17   answered, I believe, by "all of the above," 

18   Senator Krueger.

19                Mr. President, this is a 

20   time-consuming process where, during the 10-year 

21   period, over 317,000 handguns were tested and 

22   images of their shell casings were taken.  This 

23   is an elaborate task.  It's a task that requires 

24   the manpower of the New York State Police, which 

25   diverts their attention and their efforts and 

                                                               4050

 1   their time and their resources from fighting 

 2   crime.  That as well as law-abiding gun dealers, 

 3   and that that together has been a waste, as well 

 4   as an infringement, to say the least, of basic 

 5   Second Amendment rights.  

 6                SENATOR KRUEGER:   Thank you.  

 7                Mr. President, if the sponsor would 

 8   continue to yield.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Senator yields?  

11                SENATOR NOZZOLIO:   Yes, 

12   Mr. President.

13                SENATOR KRUEGER:   Thank you.

14                So am I correct to understand the 

15   sponsor to be saying that the State Police agree 

16   and oppose the continuation of the law and would 

17   like us to end this section of the 2000 -- I'm 

18   just looking for the actual title.  So it was 

19   part of a larger bill banning assault weapons in 

20   2000.  

21                So the State Police actually would 

22   like us to end this part of the program?  

23                SENATOR NOZZOLIO:   Mr. President, I 

24   don't believe it's within the authority, within 

25   the practice, within the tradition or even within 

                                                               4051

 1   the ethical bounds of the New York State Police 

 2   to opine on policy of this state.  They have been 

 3   entrusted with and have done an outstanding job 

 4   in enforcing the laws of New York.  They're not 

 5   there to opine on the issues that are presented 

 6   before them, they're there to enforce the law.  

 7                And that's what they have done.  

 8   They have enforced this law.  They have 

 9   tolerated, because they're told to do and because 

10   they are an outstanding police force, that they 

11   follow the law in spite of the fact it's an 

12   ineffective law, in spite of the fact it drains 

13   their resources, in spite of the fact it takes 

14   time away from their everyday duties.

15                SENATOR KRUEGER:   Thank you.

16                Mr. President, if the sponsor would 

17   yield for an additional question.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Nozzolio, do you yield for an additional 

20   question?  

21                SENATOR NOZZOLIO:   Yes, 

22   Mr. President.

23                ACTING PRESIDENT GRIFFO:   The 

24   Senator yields.

25                SENATOR KRUEGER:   Thank you.

                                                               4052

 1                I have to say I agree with the 

 2   sponsor if in fact this is a program that's not 

 3   working, not helping us catch anybody.  And we 

 4   presume the State Police actually don't think 

 5   it's necessary.

 6                Would the sponsor consider 

 7   substituting the microstamping bill that's 

 8   carried by Senator Peralta, which the police in 

 9   many parts of the country and in any number of 

10   police forces here in New York State have said 

11   would be an enormous help to them in catching 

12   people who are illegally using guns or using guns 

13   for crimes?  So might not the microstamping bill 

14   be a better solution than this program?  

15                Because I am prepared to accept that 

16   this is not a program that has been working, but 

17   I think we have an alternative that would work 

18   much better.

19                SENATOR NOZZOLIO:   Mr. President, I 

20   don't totally understand the question.  I believe 

21   it's a question that is suggesting some political 

22   machination, some trading, some placing a quid 

23   pro quo, changing one bad law for another bad 

24   law.  I can't understand the exact question by 

25   Senator Krueger.  

                                                               4053

 1                I only know that individual 

 2   legislation should be decided on its own merits 

 3   and that this measure is being debated today.  

 4   It's my hope that my colleagues will support the 

 5   elimination of this wasteful, costly program.  

 6   That other measures for law enforcement I 

 7   certainly believe should be considered.  We have 

 8   a number of them that the Committee on Crime 

 9   Victims, Crime and Corrections has proffered.  We 

10   hope that those issues will all be debated in due 

11   course.

12                SENATOR KRUEGER:   Mr. President, on 

13   the bill.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Krueger on the bill.

16                SENATOR KRUEGER:   I want to thank 

17   the sponsor very much for his answers to my 

18   questions.

19                I do see a correlation between his 

20   analysis that this is an 11-year-old law that is 

21   not accomplishing the goal.  My understanding and 

22   my reading of the law was that it was intended to 

23   provide law enforcement a mechanism for ballistic 

24   identification of guns used inappropriately in 

25   crimes.  And yet I am hearing that it has not 

                                                               4054

 1   been used that way, that it's costing the state 

 2   between $3 million and $4 million a year, and 

 3   that perhaps the State Police and other police 

 4   forces don't find it valuable.

 5                Now, I haven't had a chance to ask 

 6   them and I don't think at 9:15 tonight I will be 

 7   able to, but I'm perfectly prepared to keep on 

 8   open mind in the future that Senator Nozzolio may 

 9   be absolutely right, this may be a program that 

10   was tried and has not proved to be successful.

11                But, and I emphasize the "but," I do 

12   understand from reviewing materials from police 

13   enforcement and law enforcement specialists, the 

14   New York City Police Department, the mayor of the 

15   City of New York, legislators for gun control, 

16   any number of organizations, that there are real 

17   models that can help police track the actual 

18   illegal use of guns or the bullets that are used 

19   by these guns.

20                And so if in fact the point of this 

21   discussion is to have a successful ballistic 

22   tracking system in New York State, if it's fair 

23   to say that a microstamping system would be a 

24   ballistic tracking system, I am completely open 

25   to replacing one system that may in fact not be 

                                                               4055

 1   working, as Senator Nozzolio described, with a 

 2   much newer model -- a much less costly model, 

 3   from my understanding -- that is being asked for 

 4   by law enforcement and could work.

 5                So I will remain a no for tonight 

 6   only because I would like the opportunity to 

 7   review data from the police department that this 

 8   is not used here in New York State effectively 

 9   and that it is, as described by the sponsor, an 

10   expense without a reward.  

11                But I think it's a great discussion 

12   for us tonight because it's highlighting that we 

13   want to have working systems.  We want to be able 

14   to track bullets and guns that are used in 

15   crimes.  We absolutely want the state-of-the-art 

16   technology at the lowest cost.  And I do believe 

17   we have better alternatives available to us.  

18                Thank you, Mr. President.  I'll 

19   remain no for tonight.

20                ACTING PRESIDENT GRIFFO:   Are there 

21   any other Senators who wish to be heard?

22                Seeing none, hearing none, the 

23   debate is closed.  The Secretary will ring the 

24   bell.  

25                Read the last section.

                                                               4056

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT GRIFFO:   Please 

 7   keep your hands up if you're reporting your vote 

 8   in the negative.

 9                Announce the results.  

10                THE SECRETARY:   In relation to 

11   Calendar 754, those recorded in the negative are 

12   Senators Avella, Carlucci, Diaz, Dilan, Duane, 

13   Espaillat, Gianaris, Hassell-Thompson, Klein, 

14   L. Krueger, Montgomery, Oppenheimer, Parker, 

15   Peralta, Perkins, Rivera, Savino, Serrano, Smith, 

16   Squadron, Stavisky, and Stewart-Cousins.  

17                Absent from voting:  Senators 

18   Huntley and C. Kruger.

19                Ayes, 38.  Nays, 22.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   823, by Senator Nozzolio --

24                SENATOR LIBOUS:   Lay it aside for 

25   the day.

                                                               4057

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is laid aside for the day.

 3                I'm going to ask that we continue to 

 4   keep some order in the chamber for some important 

 5   announcements.

 6                Senator Libous. 

 7                SENATOR LIBOUS:   Mr. President, I 

 8   believe there's a supplemental calendar at the 

 9   desk.  I'd like to lay that calendar aside for 

10   the day, please.

11                ACTING PRESIDENT GRIFFO:   The 

12   supplemental calendar has been laid aside for the 

13   day.  

14                And that completes the readings.

15                SENATOR LIBOUS:   Mr. President, 

16   it's very important that members pay attention.  

17                Tomorrow morning at 9:15, 

18   Mr. President, there will be a Rules Committee 

19   meeting in 332, at 9:15.  At 10:00 o'clock there 

20   will be a Republican majority conference in 

21   Room 332.

22                Mr. President, I stand corrected.  

23   The Rules Committee meeting will be in Room 124 

24   tomorrow.  The Rules Committee meeting is in 

25   124.  The Republican conference at 10:00 will be 

                                                               4058

 1   in Room 332.  And then we will all participate at 

 2   11:00 a.m. in the Veterans Hall of Fame ceremony, 

 3   and then we will convene in session at 12:00 

 4   noon.

 5                ACTING PRESIDENT GRIFFO:   There 

 6   will be a 9:15 a.m. Rules Committee meeting in 

 7   Room 124 of the Capitol, a 10:00 a.m. meeting of 

 8   the Republican conference in Room 332.  All will 

 9   assemble for the vets ceremony.

10                Senator Hassell-Thompson.

11                SENATOR HASSELL-THOMPSON:   Thank 

12   you, Mr. President.

13                There will be a Democratic 

14   conference in Room 314 at 10:00 a.m. in the 

15   morning, on time.

16                ACTING PRESIDENT GRIFFO:   There 

17   will be a Democratic conference in Room 314 

18   tomorrow at 10:00 a.m. on time.

19                SENATOR LIBOUS:   Mr. President, 

20   before I ask you if there's any further business 

21   at the desk, could we please return to motions 

22   and resolutions, and please call on Senator 

23   Breslin.

24                ACTING PRESIDENT GRIFFO:   We will 

25   return to motions and resolutions.  

                                                               4059

 1                Senator Breslin.  

 2                Again, I ask that we continue to 

 3   maintain order in the chamber so that we may be 

 4   able to hear and facilitate the business 

 5   {gaveling}.

 6                SENATOR BRESLIN:   Thank you, 

 7   Mr. President.  I think everybody has been 

 8   waiting for this.

 9                (Laughter.)

10                SENATOR BRESLIN:  On behalf of 

11   Senator Parker, on page number 44 I offer the 

12   following amendments to Calendar Number 608, 

13   Senate Print Number 1149, and ask that the bill 

14   retain its place on the Third Reading Calendar.

15                ACTING PRESIDENT GRIFFO:   The 

16   amendments are received, and the bill shall 

17   retain its place on third reading.

18                SENATOR BRESLIN:   Thank you, 

19   Mr. President.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Libous.

22                SENATOR LIBOUS:   Mr. President, I 

23   believe that Senator Hassell-Thompson would like 

24   to be recognized again, I think.

25                ACTING PRESIDENT GRIFFO:   Senator 

                                                               4060

 1   Hassell-Thompson, do you choose to be recognized 

 2   again?  

 3                SENATOR HASSELL-THOMPSON:   Yes, 

 4   Mr. President.  There seems to be some 

 5   corrections which I'm not sure is correct.

 6                (Laughter.)

 7                SENATOR HASSELL-THOMPSON:   There 

 8   will be a Democratic conference at 11:00 a.m. in 

 9   Room 314.

10                ACTING PRESIDENT GRIFFO:   Note the 

11   change that there will now be a Democrat 

12   conference in Room 314 at 11:00 a.m.

13                SENATOR LIBOUS:   Mr. President, is 

14   there any further business at the desk?  

15                ACTING PRESIDENT GRIFFO:   There is 

16   no further business before the desk.

17                SENATOR LIBOUS:   There being no 

18   further business at the desk, I move that the 

19   Senate adjourn until Tuesday, June 14th, at 

20   12:00 noon.

21                ACTING PRESIDENT GRIFFO:   On 

22   motion, the Senate stands adjourned until 

23   Tuesday, June 14th, at noon.  Senate adjourned.  

24                (Whereupon, at 9:28 p.m., the Senate 

25   adjourned.)