Regular Session - June 20, 2011
5252
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 20, 2011
11 12:17 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LIEUTENANT GOVERNOR ROBERT J. DUFFY, President
19 FRANCIS W. PATIENCE, Secretary
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21
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25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 I ask everyone to rise for the
5 Pledge of Allegiance.
6 (Whereupon, the assemblage
7 recited the Pledge of Allegiance to the
8 Flag.)
9 THE PRESIDENT: In the absence
10 of clergy, please join me in a moment of
11 silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 THE PRESIDENT: Thank you.
15 First we'll have the reading of
16 the Journal.
17 THE SECRETARY: In Senate,
18 Sunday, June 19th, the Senate met pursuant to
19 adjournment. The Journal of Saturday,
20 June 18th, was read and approved. On motion,
21 Senate adjourned.
22 THE PRESIDENT: Without
23 objection, the Journal stands approved as
24 read.
25 Next we'll have presentation of
5254
1 petitions.
2 Messages from the Assembly.
3 The Secretary will read.
4 THE SECRETARY: On page 9,
5 Senator Saland moves to discharge, from the
6 Committee on Rules, Assembly Bill Number 698D
7 and substitute it for the identical Senate
8 Bill Number 4244C, Third Reading Calendar
9 292.
10 On page 19, Senator Zeldin moves
11 to discharge, from the Committee on Rules,
12 Assembly Bill Number 7592A and substitute it
13 for the identical Senate Bill Number 4723B,
14 Third Reading Calendar 730.
15 On page 20, Senator Golden moves
16 to discharge, from the Committee on Civil
17 Service and Pensions, Assembly Bill Number 30
18 and substitute it for the identical Senate
19 Bill Number 3811, Third Reading Calendar 787.
20 On page 22, Senator Hannon moves
21 to discharge, from the Committee on Rules,
22 Assembly Bill Number 8179 and substitute it
23 for the identical Senate Bill Number 5395,
24 Third Reading Calendar 830.
25 On page 26, Senator Valesky
5255
1 moves to discharge, from the Committee on
2 Rules, Assembly Bill Number 373A and
3 substitute it for the identical Senate Bill
4 Number 663A, Third Reading Calendar 953.
5 On page 27, Senator Golden moves
6 to discharge, from the Committee on Health,
7 Assembly Bill Number 7368A and substitute it
8 for the identical Senate Bill Number 4738A,
9 Third Reading Calendar 972.
10 On page 28, Senator Griffo moves
11 to discharge, from the Committee on Rules,
12 Assembly Bill Number 8214 and substitute it
13 for the identical Senate Bill Number 4861A,
14 Third Reading Calendar 1007.
15 On page 32, Senator Maziarz
16 moves to discharge, from the Committee on
17 Rules, Assembly Bill Number 7765A and
18 substitute it for the identical Senate Bill
19 Number 5443A, Third Reading Calendar 1074.
20 On page 33, Senator Libous moves
21 to discharge, from the Committee on Rules,
22 Assembly Bill Number 7358A and substitute it
23 for the identical Senate Bill Number 5203A,
24 Third Reading Calendar 1079.
25 On page 35, Senator Flanagan
5256
1 moves to discharge, from the Committee on Crime
2 Victims, Crime and Correction, Assembly Bill
3 Number 424 and substitute it for the identical
4 Senate Bill Number 2595, Third Reading Calendar
5 1124.
6 On page 36, Senator Hannon moves to
7 discharge, from the Committee on Rules, Assembly
8 Bill Number 7343A and substitute it for the
9 identical Senate Bill Number 5259A, Third Reading
10 Calendar 1134.
11 On page 36, Senator Hannon moves to
12 discharge, from the Committee on Health, Assembly
13 Bill Number 4471 and substitute it for the
14 identical Senate Bill Number 5551, Third Reading
15 Calendar 1136.
16 On page 37, Senator Hannon moves to
17 discharge, from the Committee on Rules, Assembly
18 Bill Number 8085 and substitute it for the
19 identical Senate Bill Number 5553, Third Reading
20 Calendar 1138.
21 On page 37, Senator Hannon moves to
22 discharge, from the Committee on Rules, Assembly
23 Bill Number 7810 and substitute it for the
24 identical Senate Bill Number 5555, Third Reading
25 Calendar 1140.
5257
1 On page 37, Senator Robach moves to
2 discharge, from the Committee on Rules, Assembly
3 Bill Number 6686B and substitute it for the
4 identical Senate Bill Number 4559B, Third Reading
5 Calendar 1156.
6 On page 38, Senator Golden moves to
7 discharge, from the Committee on Finance,
8 Assembly Bill Number 6068 and substitute it for
9 the identical Senate Bill Number 3994A, Third
10 Reading Calendar 1190.
11 On page 38, Senator Hannon moves to
12 discharge, from the Committee on Finance,
13 Assembly Bill Number 6446 and substitute it for
14 the identical Senate Bill Number 4200, Third
15 Reading Calendar 1191.
16 On page 39, Senator Libous moves to
17 discharge, from the Committee on Rules,
18 Assembly Bill Number 6320C and substitute it for
19 the identical Senate Bill Number 5223B, Third
20 Reading Calendar 1196.
21 On page 40, Senator Hannon moves to
22 discharge, from the Committee on Health,
23 Assembly Bill Number 2812 and substitute it for
24 the identical Senate Bill Number 1408,
25 Third Reading Calendar 1336.
5258
1 And on page 40, Senator Skelos moves
2 to discharge, from the Committee on Rules,
3 Assembly Bill Number 6056A, and substitute it for
4 the identical Senate Bill Number 4770, Third
5 Reading Calendar 1342.
6 THE PRESIDENT: Substitutions
7 ordered.
8 Next, messages from the Governor.
9 Reports of standing committees.
10 The Secretary will read.
11 THE SECRETARY: Senator Skelos,
12 from the Committee on Rules, reports the
13 following bills:
14 Senate Print 999C, by Senator
15 Marcellino, an act to amend the Vehicle and
16 Traffic Law;
17 1469, by Senator Parker, an act to
18 amend the Not-For-Profit Corporation Law;
19 1477A, by Senator Ball, an act to
20 amend the Highway Law;
21 1753, by Senator Diaz, an act to
22 amend the Elder Law;
23 2973, by Senator Nozzolio, an act to
24 amend the Environmental Conservation Law;
25 4100, by Senator Farley, an act to
5259
1 amend the Education Law;
2 5200, by Senator Ranzenhofer, an act
3 to deem the objects or purposes for which certain
4 bonds were issued;
5 5737, by Senator Marcellino, an act
6 to amend the Highway Law;
7 5751, by Senator Flanagan, an act to
8 authorize;
9 5769, by Senator Maziarz, an act to
10 amend the Public Service Law;
11 5775, by Senator Robach, an act to
12 amend the Correction Law;
13 And 5800, by Senator Seward, an act
14 to amend the Insurance Law.
15 All bills reported direct to third
16 reading.
17 THE PRESIDENT: Senator Libous.
18 SENATOR LIBOUS: Mr. President, I
19 move to accept the report of the Rules Committee.
20 THE PRESIDENT: All in favor of
21 accepting the report of the Rules Committee
22 please signify by saying aye.
23 (Response of "Aye.")
24 THE PRESIDENT: Any opposed?
25 (No response.)
5260
1 THE PRESIDENT: The Rules report is
2 accepted.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Libous.
8 SENATOR LIBOUS: Mr. President, if
9 you would call on Senator Breslin.
10 THE PRESIDENT: Senator Breslin.
11 SENATOR BRESLIN: Thank you,
12 Mr. President.
13 On behalf of Senator
14 Hassell-Thompson, I wish to call up Senate Print
15 Number 5743, recalled from the Assembly, which is
16 now at the desk.
17 THE PRESIDENT: The Secretary will
18 read.
19 THE SECRETARY: Calendar Number
20 1335, by Senator Hassell-Thompson, Senate Print
21 5743, an act to amend the Executive Law.
22 SENATOR BRESLIN: Mr. President, I
23 now wish to reconsider the vote by which this
24 bill was passed.
25 THE PRESIDENT: Call the roll on
5261
1 reconsideration.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58.
4 SENATOR BRESLIN: Mr. President, I
5 now offer the following amendments.
6 THE PRESIDENT: The amendments are
7 received.
8 SENATOR BRESLIN: Thank you,
9 Mr. President.
10 THE PRESIDENT: Senator Libous.
11 SENATOR LIBOUS: Mr. President, on
12 behalf of Senator Gallivan, on page 9 I offer the
13 following amendments to Calendar Number 300,
14 Senate Print 4050A, and ask that said bill retain
15 its place on the Third Reading Calendar.
16 THE PRESIDENT: The amendments are
17 received, and the bill will retain its place on
18 the Third Reading Calendar.
19 Senator Libous.
20 SENATOR LIBOUS: If we're ready to
21 move forward at this time, Mr. President, I
22 believe that Senator Seward and Senator Bonacic
23 have a resolution at the desk. We would ask that
24 you please read it in its entirety, and then I
25 believe that both of those gentlemen would like
5262
1 to speak.
2 THE PRESIDENT: The Secretary will
3 read the resolution in its entirety.
4 THE SECRETARY: Legislative
5 Resolution Number 1013, by Senators Seward and
6 Bonacic, honoring New York State's oldest
7 teacher, Dora Fowler, upon the occasion of her
8 retirement after many years of distinguished
9 service to the Roxbury Central School District.
10 "WHEREAS, New York State's
11 commitment to education is unparalleled. Its
12 history and stature are secured by the
13 superlative caliber of its educational
14 professionals and the students they inspire; and
15 "WHEREAS, It is the sense of this
16 Legislative Body to acknowledge the significant
17 milestones in the distinguished careers of those
18 outstanding educational leaders whose dedication
19 and achievements have been instrumental in
20 developing character and academic excellence in
21 the young people of New York State; and
22 "WHEREAS, Attendant to such concern,
23 and in full accord with its long-standing
24 traditions, this Legislative Body is justly proud
25 to honor New York State's oldest teacher, Dora
5263
1 Fowler, upon the occasion of her retirement after
2 many years of distinguished service to the
3 Roxbury Central School District; and
4 "WHEREAS, Educators like Dora Fowler
5 provide a tremendous service to the future of our
6 state and nation, inspiring generations of young
7 people in their educational journeys, and
8 ensuring their success in their future years; and
9 "WHEREAS, At the remarkable age of
10 91, Dora Fowler has been teaching at Roxbury
11 Central School since 1950 and subsequently has
12 been recognized as the oldest teacher in New York
13 State; and
14 "WHEREAS, Born in 1919 at Wells
15 Bridge outside of Oneonta, Dora Fowler met and
16 married her first husband, Lloyd Proctor.
17 Together the couple had two children, Cynthia and
18 Lloyd, and moved to the Albany area before
19 relocating to Grand Gorge, New York; and
20 "WHEREAS, Upon the sudden passing of
21 her husband, Dora Fowler was left to care for her
22 two young children, not yet in school. With her
23 options limited, she decided she would pursue a
24 degree in teaching; and
25 "WHEREAS, Working her way through
5264
1 college by taking odd jobs, Dora Fowler
2 eventually received both her bachelor's and
3 master's degrees from State University New York
4 College at Oneonta; and
5 "WHEREAS, As a teacher, Dora Fowler
6 knew she found her calling. Over the past six
7 decades, she has taught fifth grade, ninth grade,
8 high school science, English, special needs, and
9 writing; and
10 "WHEREAS, Today, Dora Fowler still
11 resides in the house in Grand Gorge where she and
12 her second husband of 40 years, the late Reginald
13 Fowler, lived; and
14 "WHEREAS, The proud grandmother of
15 five grandchildren and 15 great-grandchildren,
16 this remarkable senior has no plans of slowing
17 down. Upon her retirement, she hopes to teach
18 adults who have never learned to read, as well as
19 volunteer her time tutoring students at the Grand
20 Gorge United Methodist Church; and
21 "WHEREAS, Dora Fowler has clearly
22 had an enduring impact on the youth of the
23 Roxbury Central School District, as well as the
24 community at large, and accordingly merits
25 recognition and applause for over 60 years of
5265
1 impressive dedication to others; and
2 "WHEREAS, It is the sense of this
3 Legislative Body to commend the efforts of those
4 individuals who work to support our proud
5 tradition of public education by providing their
6 skills and talents to our schools; now,
7 therefore, be it
8 "RESOLVED, That this Legislative
9 Body pause in its deliberations to honor Dora
10 Fowler upon the occasion of her retirement as a
11 teacher of the Roxbury Central School District,
12 and for her significant contributions to
13 education in New York State, and to wish her
14 continued success in all of her future endeavors;
15 and be it further
16 "RESOLVED, That a copy of this
17 resolution, suitably engrossed, be transmitted to
18 Dora Fowler, Grand Gorge, New York."
19 THE PRESIDENT: Senator Seward.
20 SENATOR SEWARD: Thank you,
21 Mr. President.
22 You know, around the Capitol this
23 year we've had a number of issues, some of them
24 controversial, surrounding teaching and
25 education -- everything from, you know, the state
5266
1 aid to education package, last-in-first-out,
2 pension reform, many, many of those types of
3 issues. But today we can put all of that aside
4 to celebrate the remarkable teaching career and
5 the remarkable life of Dora Fowler, who is seated
6 right over here in front of the clock.
7 It takes a very special person to go
8 into a classroom every school day and to work
9 with students to help them achieve academically,
10 to work with students on their personal
11 development and in many cases their personal
12 problems that they need to overcome. But to do
13 that for nearly six decades is truly a career
14 worthy of special recognition, which we are
15 granting Dora Fowler today.
16 As the resolution indicated, she was
17 windowed at a young age with two small children,
18 and she worked her way through college to pursue
19 a teaching degree as a means of supporting her
20 family. But more than a paycheck, she truly
21 found her niche as teacher for over 50 years,
22 nearly six decades, at the Roxbury Central School
23 District, which is a small district in the
24 northern Catskills -- actually, in Senator
25 Bonacic's Senate district.
5267
1 But just think about the thousands
2 of lives that Dora Fowler has touched in such a
3 positive way over the years. And I can tell you
4 that her long career and her ability as a teacher
5 are legendary back home in our region of the
6 state. You know, "energetic," "inspiring,"
7 "caring"; they're just some of the words that are
8 used to describe Dora Fowler as a person and as a
9 teacher.
10 And I've been very lucky to have had
11 a very up-close and personal view of her career,
12 since her full name is Dora Seward Fowler. She's
13 Aunt Dora to me, my late father's sister.
14 And with her today is her son, Lloyd
15 Proctor, and his wife, Linda, as well as her
16 niece, which happens to be my sister, Marjorie
17 Hill.
18 And so, Aunt Dora, if you would
19 stand. Congratulations upon your retirement
20 after such a long career, and good luck with your
21 future endeavors as you continue your very long
22 and productive life. Congratulations, Aunt Dora.
23 (Applause.)
24 (Inaudible comments by Dora Fowler.)
25 THE PRESIDENT: Thank you.
5268
1 (Applause.)
2 THE PRESIDENT: Next, Senator
3 Bonacic.
4 SENATOR BONACIC: Thank you,
5 Mr. President.
6 First of all, Jim, you're lucky to
7 have an aunt like Dora. And all those accolades
8 you spoke very eloquently.
9 What Dora just said, if you didn't
10 have a chance to hear her: If you follow your
11 passion in life, whatever occupation you choose,
12 it will never seem like work. Basically, that's
13 what she said as a teacher.
14 But just a couple of things. Dora,
15 I saw the picture in the paper. They had a
16 picture of you 50 years ago and they had a
17 picture of you today. And I would say you look
18 the same except your hair is a little lighter.
19 That's what I would say.
20 (Laughter.)
21 SENATOR BONACIC: But two things
22 that we can learn from this great lady. One, and
23 I want to quote something that the newspaper
24 quoted her, if I may: "My physical therapist
25 keeps telling me I have to be aware of my age.
5269
1 People must stop seeing age when they look at a
2 person and see the person."
3 And her wish is that when she's a
4 hundred years old, she wants to go up on a
5 helicopter on a glacier -- but they're afraid
6 she's going to slip.
7 Dora, I say go for it. Thank you
8 for enriching the lives of all the children that
9 you have been blessed with. Thank you very much
10 for being here.
11 (Applause.)
12 THE PRESIDENT: Anyone else wishing
13 to speak on the resolution?
14 All in favor signify by saying aye.
15 (Response of "Aye.")
16 THE PRESIDENT: Any opposed?
17 (No response.)
18 THE PRESIDENT: The resolution is
19 adopted.
20 Dora, congratulations.
21 (Applause.)
22 THE PRESIDENT: Senator Libous.
23 SENATOR LIBOUS: Mr. President, if
24 you could call on Senator Breslin for the
25 purposes of recognizing a group that is with us
5270
1 today, please.
2 THE PRESIDENT: Senator Breslin.
3 SENATOR BRESLIN: Thank you,
4 Mr. President.
5 As Iraq, the country of Iraq moves
6 towards democracy after many, many years of
7 hostilities, there's been a number of different
8 projects with the U.S. Department of State and
9 the Iraqi government and different organizations
10 within Iraq.
11 And we're pleased to have with us
12 today a group that's sponsored by the Bureau of
13 Educational and Cultural Affairs from the U.S.
14 Department of State. They represent, from Iraq,
15 mayors and heads of diversity and bringing the
16 government together.
17 And I was privileged to have an
18 extended conversation with them talking about how
19 they get to that point where all parties get
20 together for a common purpose to make their
21 country better. Much the way we do this on a
22 daily basis here in the Senate. And there was a
23 certain commonality in our purpose.
24 But they really are a wonderful
25 group. I wish they would stand so we could
5271
1 recognize them and applaud them for their work.
2 (Applause.)
3 SENATOR BRESLIN: Thank you very
4 much, Mr. President.
5 THE PRESIDENT: On behalf of the
6 Senate, we welcome our guests. Thank you for
7 coming.
8 Senator Libous.
9 SENATOR LIBOUS: Thank you,
10 Mr. President.
11 I believe Senator Young has a
12 privileged resolution at the desk. She would
13 like the title read and move for its adoption.
14 THE PRESIDENT: The Secretary will
15 read.
16 THE SECRETARY: Legislative
17 resolution by Senator Young, memorializing and
18 honoring United States Marine Corps Sergeant Mark
19 A. Bradley.
20 THE PRESIDENT: Senator Young.
21 SENATOR YOUNG: Thank you,
22 Mr. President.
23 This is the type of resolution that
24 we wish we did not have to consider in this
25 chamber. This is in honor of U.S. Marine
5272
1 Sergeant Mark A. Bradley, from Cuba, New York,
2 who was just killed in Afghanistan.
3 Unfortunately, this is the third
4 fine young man who has been killed from my
5 district since the beginning of this year. And I
6 think it shows the type of sacrifice that these
7 brave soldiers are making on behalf of our
8 country.
9 And there are a lot of things
10 obviously going on in Albany right now, but it's
11 important that we pause and take a moment to
12 recognize and to honor those who have lost their
13 lives in defense of freedom, and especially Mark
14 Bradley.
15 Thank you very much, Mr. President.
16 THE PRESIDENT: Thank you, Senator.
17 Any Senators wishing to speak on the
18 resolution?
19 SENATOR LIBOUS: Mr. President,
20 before we adopt the resolution -- or after we
21 adopt the resolution -- I would ask the body to
22 rise for a moment of silence for Mark Bradley.
23 THE PRESIDENT: Yes. Please rise.
24 (Whereupon, the assemblage respected
25 a moment of silence.)
5273
1 THE PRESIDENT: Thank you very
2 much. And thank you, Senator Young.
3 Anyone wishing to speak on the
4 resolution?
5 The question is on the resolution.
6 All in favor signify by saying aye.
7 (Response of "Aye.")
8 THE PRESIDENT: Any opposed?
9 (No response.)
10 THE PRESIDENT: The resolution is
11 adopted.
12 Senator Libous.
13 SENATOR LIBOUS: Mr. President,
14 thank you.
15 So that all of the members are aware
16 of what we're going to do over the course of the
17 next couple of hours or so, we're going to start
18 with the noncontroversial reading of Supplemental
19 Calendar 56B. And then when that's completed,
20 we're going to go to the active list and have the
21 noncontroversial reading. And then once we
22 complete all this, if there are any bills laid
23 aside, we will deal with them. And then we will
24 call a Rules Committee meeting so that we can
25 have some other bills to come out.
5274
1 And that's kind of where we are for
2 the next couple of hours. Okay?
3 Mr. President, at this time if we
4 could have the noncontroversial reading of
5 Calendar Number 56B, supplemental calendar.
6 THE PRESIDENT: The Secretary will
7 read.
8 THE SECRETARY: Calendar Number
9 1365, by Senator Marcellino, Senate Print 999C,
10 an act to amend the Vehicle and Traffic Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: In relation to
18 Calendar Number 1365: Ayes, 61. Nays, 1.
19 Senator Duane recorded in the negative.
20 THE PRESIDENT: The bill is passed.
21 THE SECRETARY: Calendar Number
22 1366, by Senator Parker, Senate Print 1469, an
23 act to amend the Not-for-Profit Corporation Law.
24 THE PRESIDENT: Read the last
25 section.
5275
1 THE SECRETARY: Section 2. This
2 act shall take effect November 11, 2011.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 THE PRESIDENT: The bill is passed.
7 THE SECRETARY: In relation to
8 Calendar Number 1367, Senator Ball moves to
9 discharge, from the Committee on Rules,
10 Assembly Bill Number 1427A and substitute it for
11 the identical Senate Bill Number 1477A, Third
12 Reading Calendar 1367.
13 THE PRESIDENT: The substitution is
14 so ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 1367, by Member of the Assembly Castelli,
18 Assembly Print 1427A, an act to amend the
19 Highway Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
5276
1 THE SECRETARY: Ayes, 62.
2 THE PRESIDENT: The bill is passed.
3 THE SECRETARY: In relation to
4 Calendar Number 1368, Senator Diaz moves to
5 discharge, from the Committee on Veterans,
6 Homeland Security and Military Affairs,
7 Assembly Bill Number 544 and substitute it for
8 the identical Senate Bill Number 1753, Third
9 Reading Calendar 1368.
10 THE PRESIDENT: Substitution
11 ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1368, by Member of the Assembly Dinowitz,
15 Assembly Print 544, an act to amend the
16 Elder Law.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 THE PRESIDENT: The bill is passed.
25 THE SECRETARY: Calendar Number
5277
1 1369, by Senator Nozzolio, Senate Print 2973, an
2 act to amend the Environmental Conservation Law.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 4. This
6 act shall take effect on the first of November.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 THE PRESIDENT: The bill is passed.
11 THE SECRETARY: Calendar Number
12 1370, by Senator Farley, Senate Print 4100, an
13 act to amend the Education Law.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the first of September.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62.
21 THE PRESIDENT: The bill is passed.
22 THE SECRETARY: Calendar Number
23 1371, by Senator Ranzenhofer, Senate Print --
24 SENATOR LIBOUS: Lay it aside for
25 the day.
5278
1 THE PRESIDENT: The bill is laid
2 aside for the day.
3 THE SECRETARY: Calendar Number
4 1372, by Senator Marcellino, Senate Print 5737,
5 an act to amend the Highway Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 THE PRESIDENT: The bill is passed.
14 THE SECRETARY: In relation to
15 Calendar Number 1373, Senator Flanagan moves to
16 discharge, from the Committee on Local
17 Government, Assembly Bill Number 4325A and
18 substitute it for the identical Senate Bill
19 Number 5751, Third Reading Calendar 1373.
20 THE PRESIDENT: Substitution
21 ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1373, by Member of the Assembly Englebright,
25 Assembly Print 4325A, an act to authorize.
5279
1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Those recorded in
8 the negative on Calendar Number 1373 are Senators
9 Bonacic and Larkin.
10 Ayes, 60. Nays, 2.
11 THE PRESIDENT: The bill is passed.
12 THE SECRETARY: Calendar Number
13 1374, by Senator Maziarz, Senate Print 5769, an
14 act to amend the Public Service Law.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE PRESIDENT: Announce the
22 results.
23 THE SECRETARY: In relation to
24 Calendar Number 1374, those recorded in the
25 negative are Senators Adams, Addabbo, Avella,
5280
1 Breslin, Duane, Espaillat, Gianaris,
2 Hassell-Thompson, L. Krueger, Montgomery,
3 Oppenheimer, Peralta, Perkins, Rivera, Serrano,
4 Squadron, Stavisky and Stewart-Cousins.
5 Ayes, 44. Nays, 18.
6 THE PRESIDENT: The bill is passed.
7 THE SECRETARY: In relation to
8 Calendar Number 1375, Senator Robach moves to
9 discharge, from the Committee on Rules, Assembly
10 Bill Number 7950 and substitute it for the
11 identical Senate Bill Number 5775, Third Reading
12 Calendar 1375.
13 THE PRESIDENT: Substitution
14 ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 1375, by Member of the Assembly M. Miller,
18 Assembly Print 7950, an act to amend the
19 Correction Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
5281
1 THE SECRETARY: Those recorded in
2 the negative on Calendar Number 1375 are Senators
3 Duane and Montgomery.
4 Ayes, 60. Nays, 2.
5 THE PRESIDENT: The bill is passed.
6 THE SECRETARY: Calendar Number
7 1376, by Senator Seward, Senate Print 5800, an
8 act to amend the Insurance Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 70. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 62.
16 THE PRESIDENT: The bill is passed.
17 Senator Libous, that completes the
18 reading of the noncontroversial calendar.
19 SENATOR LIBOUS: Thank you,
20 Mr. President.
21 At this time if we could attack the
22 active list for Monday, June 20th, starting with
23 Calendar Number 89.
24 THE PRESIDENT: The Secretary will
25 read.
5282
1 THE SECRETARY: Calendar Number 89,
2 by Senator Seward, Senate Print 2705A, an act to
3 amend the Insurance Law.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 90th day.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 THE PRESIDENT: The bill is passed.
12 THE SECRETARY: Calendar Number
13 227, by Senator Flanagan, Senate Print 3205A, an
14 act to amend the Penal Law.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the first of November.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 THE PRESIDENT: The bill is passed.
23 THE SECRETARY: Calendar Number
24 228, by Senator Griffo, Senate Print 3660, an act
25 to amend the Penal Law.
5283
1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 THE PRESIDENT: The bill is passed.
9 THE SECRETARY: Calendar Number
10 239, by Senator Seward, Senate Print 2713A, an
11 act to amend the Insurance Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 62.
19 THE PRESIDENT: The bill is passed.
20 THE SECRETARY: Calendar Number
21 267, by Senator Grisanti, Senate Print 3134A, an
22 act to amend the Criminal Procedure Law.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
5284
1 act shall take effect on the 180th day.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: In relation to
5 Calendar Number 267, those recorded in the
6 negative are Senators L. Krueger, Montgomery,
7 Perkins, Rivera, and Hassell-Thompson.
8 Ayes, 57. Nays, 5.
9 THE PRESIDENT: The bill is passed.
10 THE SECRETARY: Calendar Number
11 292, substituted earlier today by Member of the
12 Assembly Paulin, Assembly Print Number 698D, an
13 act to amend the Criminal Procedure Law.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the 120th day.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62.
21 THE PRESIDENT: The bill is passed.
22 THE SECRETARY: Calendar Number
23 307, by Senator Gianaris, Senate Print 2510B, an
24 act to amend the Penal Law.
25 THE PRESIDENT: Read the last
5285
1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 90th day.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62.
7 THE PRESIDENT: The bill is passed.
8 THE SECRETARY: Calendar Number
9 318, by Senator Carlucci, Senate Print 3885A, an
10 act to amend the Public Health Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 120th day.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 62.
18 THE PRESIDENT: The bill is passed.
19 THE SECRETARY: Calendar Number
20 347, by Senator LaValle, Senate Print 3237A, an
21 act to amend the Agriculture and Markets Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 30th day.
5286
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 62.
4 THE PRESIDENT: The bill is passed.
5 THE SECRETARY: Calendar Number
6 427, by Senator Young, Senate Print 2835A, an act
7 to amend the Criminal Procedure Law.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Those recorded in
15 the negative on Calendar Number 427 are
16 Senators Dilan, Duane, Hassell-Thompson,
17 L. Krueger, Montgomery, Perkins, Rivera, Serrano,
18 and Squadron.
19 Ayes, 53. Nays, 9.
20 THE PRESIDENT: The bill is passed.
21 THE SECRETARY: Calendar Number
22 451, by Senator Diaz, Senate Print 1313B, an act
23 to amend the Penal Law.
24 THE PRESIDENT: Read the last
25 section.
5287
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 120th day.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 THE PRESIDENT: The bill is passed.
7 Senator Hassell-Thompson to explain
8 her vote.
9 SENATOR HASSELL-THOMPSON: Thank
10 you. Thank you, Mr. President.
11 My comment on this bill is simply
12 that while I think that it is appropriate for us
13 to do whatever we can to deter prostitution, too
14 often before this house come bills that put
15 greater offenses on the person who is the
16 prostitute but not nearly enough on the johns.
17 And I would hope that we would begin to really
18 spend some time really thinking about the fact
19 that without the johns, there would be no
20 prostitution.
21 Thank you, Mr. President.
22 THE PRESIDENT: Thank you, Senator.
23 The Secretary will announce the
24 results again.
25 THE SECRETARY: Ayes, 62.
5288
1 THE PRESIDENT: The bill is passed.
2 THE SECRETARY: Calendar Number
3 553, by Senator Golden, Senate Print 4507B, an
4 act to amend the Insurance Law.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 8. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE PRESIDENT: Senator DeFrancisco
12 to explain his vote.
13 SENATOR DeFRANCISCO: Thank you,
14 Mr. President.
15 I'm in favor of this bill because
16 we've got to eliminate fraud in any system. But
17 what caught my eye was something in the sponsor's
18 memo, and it said automobile no-fault states have
19 higher average premiums than tort states.
20 For years, the tort system and
21 lawsuits brought by injured people against people
22 who are at fault have been under substantial
23 attack. And the movement towards no-fault-type
24 resolutions has always been the thought that it
25 will save money for everyone.
5289
1 Well, this is very interesting.
2 Automobile no-fault states have higher average
3 premiums than tort states, where you physically
4 just go after the injured party.
5 This past budget a very, very
6 ill-conceived proposal dealing with a
7 neurologically impaired fund to try to take the
8 tort system out of the people who are
9 neurologically impaired at birth because of
10 negligence of physicians -- very, very poor
11 plan. I will predict that someday someone will
12 have a memo talking about the neurologically
13 impaired fund, how it didn't save any money but
14 did not provide the benefits that people injured
15 by fault of anyone would not be able to get their
16 proper redress.
17 So I'm going to vote aye and hope
18 that we consider these things as we deal with the
19 tort system on other very important issues.
20 Thank you, Mr. President.
21 THE PRESIDENT: Thank you,
22 Senator.
23 Senator DeFrancisco to be recorded
24 in the affirmative.
25 Please announce the results.
5290
1 THE SECRETARY: In relation to
2 Calendar 553, those recorded in the negative are
3 Senators Duane, Hassell-Thompson and Perkins.
4 Ayes, 59. Nays, 3.
5 THE PRESIDENT: The bill is passed.
6 THE SECRETARY: Calendar Number
7 570, by Senator Little, Senate Print 341, an act
8 to amend the State Finance Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 4. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 62.
16 THE PRESIDENT: The bill is passed.
17 THE SECRETARY: Calendar Number
18 595, by Senator Hannon, Senate Print 3199, an act
19 to amend the Social Services Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
5291
1 THE SECRETARY: Ayes, 62.
2 THE PRESIDENT: The bill is passed.
3 THE SECRETARY: Calendar Number
4 629, by Senator Hannon, Senate Print 3503B, an
5 act to authorize.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: In relation to
13 Calendar Number 629, those recorded in the
14 negative are Senators Bonacic and Larkin.
15 Ayes, 60. Nays, 2.
16 THE PRESIDENT: The bill is passed.
17 THE SECRETARY: Calendar Number
18 637, by Senator Skelos, Senate Print 4264C, an
19 act to authorize.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
5292
1 THE SECRETARY: Those recorded in
2 the negative on Calendar Number 637 are Senators
3 Bonacic and Larkin.
4 Ayes, 60. Nays, 2.
5 THE PRESIDENT: The bill is passed.
6 THE SECRETARY: Calendar Number
7 640, by Senator Zeldin, Senate Print 4601B, an
8 act authorizing the assessor.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: In relation to
16 Calendar Number 640, those recorded in the
17 negative are Senators Bonacic and Larkin.
18 Ayes, 60. Nays, 2.
19 THE PRESIDENT: The bill is passed.
20 THE SECRETARY: Calendar Number
21 641, by Senator Zeldin, Senate Print 4607B, an
22 act to authorize.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
5293
1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: In relation to
5 Calendar Number 641, those recorded in the
6 negative are Senators Bonacic and Larkin.
7 Ayes, 60. Nays, 2.
8 THE PRESIDENT: The bill is passed.
9 THE SECRETARY: Calendar Number
10 646, by Senator Skelos, Senate Print 4941C, an
11 act to authorize.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: In relation to
19 Calendar Number 646, those recorded in the
20 negative are Senators Bonacic and Larkin. Also
21 Senator O'Mara.
22 Ayes, 59. Nays, 3.
23 THE PRESIDENT: The bill is passed.
24 THE SECRETARY: Calendar Number
25 730, substituted earlier today by Member of the
5294
1 Assembly Ramos, Assembly Print Number 7592A, an
2 act directing the Education Department.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 THE PRESIDENT: The bill is passed.
11 THE SECRETARY: Calendar Number
12 768, by Senator Flanagan, Senate Print 4410, an
13 act to amend the Economic Development Law.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 4. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE PRESIDENT: Senator Montgomery
21 to explain her vote.
22 SENATOR MONTGOMERY: Yes, thank
23 you, Mr. President. I just want to comment on
24 this legislation.
25 I want to thank Senator Flanagan for
5295
1 once again putting this before us to vote. And I
2 hope that this time, unlike the last several
3 attempts, it actually gets signed into law.
4 Because for districts like mine, small
5 businesses are really the key. And I certainly
6 look forward to our state paying much more
7 attention to those businesses.
8 I would, however, ask Senator
9 Flanagan if he would consider looking carefully
10 at the way that the state actually defines small
11 businesses, because very often emerging
12 businesses are not even considered as it relates
13 to small businesses. They are not even large
14 enough.
15 At one point we were defining small
16 business as those are with 50 employees or less,
17 and most of the attention went to the higher end
18 as opposed to the smaller smaller businesses, the
19 microbusinesses.
20 So with that, I certainly am excited
21 and pleased to see this and will be voting yes.
22 Thank you.
23 THE PRESIDENT: Thank you,
24 Senator.
25 Senator Montgomery will be recorded
5296
1 in the affirmative.
2 Announce the results, please.
3 THE SECRETARY: Ayes, 62.
4 THE PRESIDENT: The bill is passed.
5 THE SECRETARY: Calendar Number
6 787, substituted earlier today by Member of the
7 Assembly Cahill, Assembly Print 30, an act to
8 amend the Civil Service Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 62.
16 THE PRESIDENT: The bill is passed.
17 THE SECRETARY: Calendar Number
18 804, by Senator Griffo, Senate Print 4147, an act
19 to amend the Penal Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 8. This
23 act shall take effect on the 90th day.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
5297
1 THE SECRETARY: Ayes, 62.
2 THE PRESIDENT: The bill is passed.
3 THE SECRETARY: Calendar Number
4 830, substituted earlier today by Member of the
5 Assembly Gottfried, Assembly Print 8179, an act
6 to amend the Public Health Law.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 THE PRESIDENT: The bill is passed.
15 THE SECRETARY: Calendar Number
16 864, by Senator Farley, Senate Print 5129, an act
17 to amend the State Finance Law.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 180th day.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 THE PRESIDENT: The bill is passed.
5298
1 THE SECRETARY: Calendar Number
2 871, by Senator Zeldin, Senate Print 3844A, an
3 act to amend Chapter 397 of the Laws of 1996.
4 SENATOR LIBOUS: Lay it aside for
5 the day.
6 THE PRESIDENT: There is a
7 home-rule message at the desk.
8 The bill is laid aside for the day.
9 THE SECRETARY: Calendar Number
10 888, by Senator Hannon, Senate Print 4510B, an
11 act to authorize Monica's Manor, Inc.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: In relation to
19 Calendar Number 888, those recorded in the
20 negative are Senators Bonacic, Larkin and O'Mara.
21 Ayes, 59. Nays, 3.
22 THE PRESIDENT: The bill is passed.
23 THE SECRETARY: Calendar Number
24 915, by Senator Saland, Senate Print 4530B, an
25 act to amend the Civil Practice --
5299
1 SENATOR LIBOUS: Lay it aside
2 temporarily.
3 THE PRESIDENT: Lay the bill aside
4 temporarily.
5 THE SECRETARY: Calendar Number
6 931, by Senator Johnson, Senate Print 4935B, an
7 act to validate.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 4. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 62.
15 THE PRESIDENT: The bill is passed.
16 THE SECRETARY: Calendar Number
17 947, by Senator Skelos, Senate Print 3080, an act
18 to amend the Vehicle and Traffic Law.
19 THE PRESIDENT: There is a
20 home-rule message at the desk.
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
5300
1 THE SECRETARY: Ayes, 62.
2 THE PRESIDENT: The bill is passed.
3 THE SECRETARY: Calendar Number
4 953, substituted earlier today by Member of the
5 Assembly Hoyt, Assembly Print 373A, an act to
6 amend the Not-for-Profit Corporation Law.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE PRESIDENT: Senator Valesky to
14 explain his vote.
15 SENATOR VALESKY: Thank you,
16 Mr. President.
17 This bill has the potential to be
18 extremely important in communities across the
19 state where neighborhoods experience a high
20 number of vacant, abandoned and foreclosed
21 properties, particularly in upstate cities. In
22 Syracuse alone, some 1800 properties are of that
23 state.
24 Very simply, what is this bill does
25 is follow a model that has been used successfully
5301
1 in other states to create land banks as 501(c)(3)
2 corporations to acquire those vacant properties
3 and then resell them and put them back into
4 productive use, thereby greatly enhancing
5 neighborhoods in communities all across the
6 state.
7 I thank colleagues on both sides of
8 the aisle for their support, and I vote in the
9 affirmative.
10 THE PRESIDENT: Thank you,
11 Senator.
12 Senator Valesky will be recorded in
13 the affirmative.
14 Please read the results.
15 THE SECRETARY: Ayes, 62.
16 THE PRESIDENT: The bill is passed.
17 THE SECRETARY: Calendar Number
18 966, by Senator Fuschillo, Senate Print 5411A, an
19 act to amend the Highway Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 5. This
23 act shall take effect on the 180th day.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
5302
1 THE PRESIDENT: Senator Fuschillo
2 to explain his vote.
3 SENATOR FUSCHILLO: Mr. President,
4 thank you very much.
5 In September of last year a young
6 girl 14 years old, Brittany Vega, was crossing
7 the street in her hometown community of Wantagh
8 on Sunrise Highway and was tragically hit by a
9 car and was killed. Since then her family has
10 taken up the mission of ensuring for complete
11 street designs, which will provide safer streets
12 for pedestrians, those who choose to walk, ride a
13 bicycle, or motorists in general.
14 And I'm hopeful that the Assembly
15 will pass this legislation. It is pending there
16 in the Transportation Committee. But the goal
17 and the intent of this legislation in honor of
18 this young girl, Brittany Vega, is to provide
19 safer roadways for all here in New York State.
20 I'll be voting in the affirmative.
21 THE PRESIDENT: Thank you, Senator.
22 Senator Fuschillo's vote will be
23 recorded in the affirmative.
24 The Secretary will read the results.
25 THE SECRETARY: Ayes, 62.
5303
1 THE PRESIDENT: The bill is passed.
2 THE SECRETARY: Calendar Number
3 972, substituted earlier today by Member of the
4 Assembly Dinowitz, Assembly Print 7368A, an act
5 to amend the Public Health Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 THE PRESIDENT: The bill is passed.
14 THE SECRETARY: Calendar Number
15 994, by Senator LaValle, Senate Print 5216C, an
16 act to authorize.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 61. Nays,
24 1. Senator Bonacic recorded in the negative.
25 THE PRESIDENT: The bill is passed.
5304
1 THE SECRETARY: Calendar Number
2 999, by Senator Fuschillo, Senate Print 5545C, an
3 act authorizing.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 THE PRESIDENT: The bill is passed.
12 THE SECRETARY: Calendar Number
13 1007, substituted earlier today by Member of the
14 Assembly Sweeney, Assembly Print Number 8214, an
15 act approving the exchange of certain lands.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 62.
23 THE PRESIDENT: The bill is passed.
24 THE SECRETARY: Calendar Number
25 1021, by Senator DeFrancisco, Senate Print 3316A,
5305
1 an act to amend the Insurance Law.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 120th day.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 62.
9 THE PRESIDENT: The bill is passed.
10 THE SECRETARY: Calendar Number
11 1039, by Senator Young, Senate Print 4361, an act
12 to amend the Environmental Conservation Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE PRESIDENT: The Secretary will
20 read the results.
21 THE SECRETARY: In relation to
22 Calendar Number 1039, those recorded in the
23 negative are Senators Adams, Avella, Dilan,
24 Duane, Espaillat, Gianaris, Hassell-Thompson,
25 L. Krueger, C. Kruger, LaValle, Marcellino,
5306
1 Montgomery, Oppenheimer, Parker, Peralta,
2 Perkins, Rivera, Sampson, Serrano, Squadron,
3 Stavisky, and Stewart-Cousins.
4 Ayes, 40. Nays, 22.
5 THE PRESIDENT: The bill is passed.
6 THE SECRETARY: Calendar Number
7 1041, by Senator LaValle, Senate Print 4604A, an
8 act to amend the Environmental Conservation Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: In relation to
16 Calendar Number 1041, those recorded in the
17 negative are Senators Avella, Perkins, Rivera,
18 and Squadron. Also Senator Oppenheimer.
19 Ayes, 57. Nays, 5.
20 THE PRESIDENT: The bill is passed.
21 THE SECRETARY: Calendar Number
22 1055, by Senator Robach, Senate Print 4407, an
23 act to amend the Vehicle and Traffic Law.
24 THE PRESIDENT: Read the last
25 section.
5307
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 180th day.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 THE PRESIDENT: The bill is passed.
7 THE SECRETARY: Calendar Number
8 1066, by Senator Skelos, Senate Print 1827, an
9 act to amend the Penal Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of November.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: In relation to
17 Calendar 1066, those recorded in the negative are
18 Senators Duane, Montgomery and Perkins.
19 Ayes, 59. Nays, 3.
20 THE PRESIDENT: The bill is passed.
21 THE SECRETARY: Calendar Number
22 1074, substituted earlier today by Member of the
23 Assembly Moya, Assembly Print Number 7765A, an
24 act to amend the Public Service Law.
25 THE PRESIDENT: Read the last
5308
1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62.
7 THE PRESIDENT: The bill is passed.
8 THE SECRETARY: Calendar Number
9 1079, substituted earlier today by Member of the
10 Assembly Morelle, Assembly Print 7358A, an act to
11 amend the Real Property Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 62.
19 THE PRESIDENT: The bill is passed.
20 THE SECRETARY: Calendar Number
21 1095, by Senator Larkin, Senate Print 3406,
22 Concurrent Resolution of the Senate and Assembly.
23 THE PRESIDENT: Call the roll on
24 the resolution.
25 (The Secretary called the roll.)
5309
1 THE SECRETARY: Ayes, 62.
2 THE PRESIDENT: The resolution is
3 adopted.
4 THE SECRETARY: Calendar Number
5 1115, by Senator Fuschillo, Senate Print 5012A,
6 an act to amend the Limited Liability Company
7 Law.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 9. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61. Nays,
15 1. Senator Ball recorded in the negative.
16 THE PRESIDENT: The bill is passed.
17 THE SECRETARY: Calendar Number
18 1124, substituted earlier today by Member of the
19 Assembly Gunther, Assembly Print 424, an act to
20 amend the Correction Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 60th day.
25 THE PRESIDENT: Call the roll.
5310
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 THE PRESIDENT: The bill is passed.
4 THE SECRETARY: Calendar Number
5 1134, substituted earlier today by Member of the
6 Assembly Gottfried, Assembly Print 7343A, an act
7 to amend the Public Health Law.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 9. This
11 act shall take effect on the 60th day.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61. Nays,
15 1. Senator Diaz recorded in the negative.
16 THE PRESIDENT: The bill is passed.
17 THE SECRETARY: Calendar Number
18 1135, by Senator Golden, Senate Print 5380B, an
19 act to authorize.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect August 22, 2011.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
5311
1 THE SECRETARY: Ayes, 62.
2 THE PRESIDENT: The bill is passed.
3 THE SECRETARY: Calendar Number
4 1136, substituted earlier today by Member of the
5 Assembly Gabryszak, Assembly Print Number 4471,
6 an act to amend Chapter 433 of the Laws of 1997.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 THE PRESIDENT: The bill is passed.
15 THE SECRETARY: Calendar Number
16 1138, substituted earlier today by Member of the
17 Assembly Gottfried, Assembly Print Number 8085,
18 an act to amend the Public Health Law.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 62.
5312
1 THE PRESIDENT: The bill is passed.
2 THE SECRETARY: Calendar Number
3 1140, substituted earlier today by Member of the
4 Assembly Gottfried, Assembly Print Number 7810,
5 an act to amend the Public Health Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 THE PRESIDENT: The bill is passed.
14 THE SECRETARY: Calendar Number
15 1146, by Senator McDonald, Senate Print 5244, an
16 act to amend the Education Law.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 THE PRESIDENT: The bill is passed.
25 THE SECRETARY: Calendar Number
5313
1 1156, substituted earlier today by Member of the
2 Assembly Wright, Assembly Print 6686B, an act to
3 amend the Workers' Compensation Law.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 THE PRESIDENT: The bill is passed.
12 THE SECRETARY: Calendar Number
13 1162, by Senator Nozzolio, Senate Print 5455B, an
14 act to amend the Penal Law.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 4. This
18 act shall take effect on the first of November.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 THE PRESIDENT: The bill is passed.
23 THE SECRETARY: Calendar Number
24 1168, by Senator Little, Senate Print 134, an act
25 to amend the Real Property Tax Law.
5314
1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 THE PRESIDENT: The bill is passed.
9 THE SECRETARY: Calendar Number
10 1184, by Senator Marcellino, Senate Print 935, an
11 act to amend the Vehicle and Traffic Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 5. This
15 act shall take effect on the first of November.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 62.
19 THE PRESIDENT: The bill is passed.
20 THE SECRETARY: Calendar Number
21 1189, by Senator Flanagan, Senate Print 3420, an
22 act to authorize.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
5315
1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE PRESIDENT: Senator
5 Stewart-Cousins to explain her vote.
6 SENATOR STEWART-COUSINS: Yes. I
7 will be voting no because this tax exemption goes
8 back five years, and I try and be consistent; it
9 has been my practice that it will be a three-year
10 cutoff as the Assembly has. So this being five
11 years, I'll be voting in the negative.
12 Thank you.
13 THE PRESIDENT: Senator
14 Stewart-Cousins to be recorded in the negative.
15 Senator Stavisky to explain her
16 vote.
17 SENATOR STAVISKY: I vote in the
18 negative for exactly the same reason.
19 THE PRESIDENT: Senator Stavisky
20 will be recorded in the negative.
21 The Secretary will announce the
22 results.
23 THE SECRETARY: In relation to
24 Calendar Number 1189, those recorded in the
25 negative are Senators Bonacic, Larkin, Stavisky,
5316
1 and Stewart-Cousins.
2 Ayes, 58. Nays, 4.
3 THE PRESIDENT: The bill is passed.
4 THE SECRETARY: Calendar Number
5 1190, substituted earlier today by Member of the
6 Assembly Markey, Assembly Print 6068, an act to
7 amend the General Municipal Law.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect July 1, 2011.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 62.
15 THE PRESIDENT: The bill is passed.
16 THE SECRETARY: Calendar Number
17 1191, substituted earlier today by Member of the
18 Assembly Brennan, Assembly Print 6446, an act to
19 amend the New York State Medical Care Facilities
20 Finance Agency Act.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
5317
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 61. Nays,
3 1. Senator Ball recorded in the negative.
4 THE PRESIDENT: The bill is passed.
5 THE SECRETARY: Calendar Number
6 1196, substituted earlier today by Member of the
7 Assembly Lupardo, Assembly Print 6320C, an act to
8 amend the Economic Development Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 62.
16 THE PRESIDENT: The bill is passed.
17 THE SECRETARY: Calendar Number
18 1216, by Senator Hannon, Senate Print 3201, an
19 act to amend --
20 SENATOR LIBOUS: Lay it aside for
21 the day.
22 THE PRESIDENT: Lay the bill aside
23 for the day.
24 THE SECRETARY: Calendar Number
25 1238, by Senator Maziarz, Senate Print 4844A, an
5318
1 act to direct the Office of Parks, Recreation and
2 Historic Preservation.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE PRESIDENT: Senator Maziarz to
10 explain his vote.
11 SENATOR MAZIARZ: Thank you very
12 much, Mr. President. Just very briefly to
13 explain my vote.
14 We did pass this bill last week.
15 There was a technical correction that had to be
16 made. We're passing it again. This bill is
17 going to pass in the other house. This event is
18 going to take place.
19 One major change, though. Senator
20 Dilan has informed Nik Wallenda that he's not
21 available that particular day, so I have taken
22 the liberty of volunteering Senator Gianaris to
23 go over there.
24 (Laughter.)
25 SENATOR MAZIARZ: And Senator
5319
1 Gianaris wants assurances that it's a round-trip
2 ticket, and I can't give those assurances,
3 Mr. President. But I vote aye anyway.
4 THE PRESIDENT: Senator Maziarz
5 will be recorded in the affirmative.
6 Announce the results.
7 THE SECRETARY: Ayes, 62.
8 THE PRESIDENT: The bill is passed.
9 THE SECRETARY: Calendar Number
10 1250, by Senator Robach, Senate Print 5323B, an
11 act to amend the Environmental Conservation Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 62.
19 THE PRESIDENT: The bill is passed.
20 THE SECRETARY: Calendar Number
21 1270, by Senator Golden, Senate Print 1748A, an
22 act to amend the Public Health Law.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
5320
1 act shall take effect on the 120th day.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 62.
5 THE PRESIDENT: The bill is passed.
6 THE SECRETARY: Calendar Number
7 1336, substituted earlier today by Member of the
8 Assembly Schimel, Assembly Print 2812, an act to
9 amend the Public Health Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 62.
17 THE PRESIDENT: The bill is passed.
18 THE SECRETARY: Calendar Number
19 1342, substituted earlier today by Member of the
20 Assembly Gunther, Assembly Print 6056A, an act
21 authorizing the assessor.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
5321
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: In relation to
4 Calendar 1342, those recorded in the negative are
5 Senators Gianaris, Larkin, O'Mara and Rivera.
6 Ayes, 58. Nays, 4.
7 THE PRESIDENT: The bill is passed.
8 THE SECRETARY: Calendar Number
9 1358, by Senator Espaillat, Senate Print 5672A,
10 an act to amend the Executive Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 180th day.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 61. Nays,
18 1. Senator Ball recorded in the negative.
19 THE PRESIDENT: The bill is passed.
20 THE SECRETARY: Calendar Number
21 1363, by Senator Alesi, Senate Print 5782, an act
22 to amend the New York State Urban Development
23 Corporation Act.
24 THE PRESIDENT: Read the last
25 section.
5322
1 THE SECRETARY: Section 4. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 THE PRESIDENT: The bill is passed.
7 Senator Libous, that completes the
8 noncontroversial calendar.
9 SENATOR LIBOUS: Mr. President, at
10 this time I believe the minority is going to
11 conference. And I'll let Senator
12 Hassell-Thompson announce where and what time.
13 And then, Mr. President, we will
14 recess until about 2 o'clock. And then at that
15 time we'll call an immediate meeting of the Rules
16 Committee.
17 So if you'd call on Senator
18 Hassell-Thompson, please.
19 THE PRESIDENT: Senator
20 Hassell-Thompson.
21 SENATOR HASSELL-THOMPSON: Thank
22 you, Mr. President.
23 There will be an immediate meeting
24 of the Democratic Conference in our Democratic
25 Conference Room.
5323
1 THE PRESIDENT: Immediate meeting
2 of the Democratic Conference in the Democratic
3 Conference Room.
4 The Senate stands at ease.
5 (Whereupon, the Senate stood at ease
6 at 1:22 p.m.)
7 (Whereupon, the Senate reconvened at
8 2:42 p.m.)
9 ACTING PRESIDENT MARCELLINO:
10 Senator Libous.
11 SENATOR LIBOUS: Mr. President, at
12 this time could we return to motions and
13 resolutions, please.
14 ACTING PRESIDENT MARCELLINO:
15 Motions and resolutions.
16 Senator Libous.
17 SENATOR LIBOUS: I believe there's
18 a resolution by Senator Carlucci at the desk. At
19 this time, Mr. President, could we ask that we
20 read it in its entirety and then call on
21 Senator Carlucci.
22 ACTING PRESIDENT MARCELLINO: The
23 Secretary will read.
24 THE SECRETARY: Legislative
25 Resolution Number 2527, by Senator Carlucci,
5324
1 commending Daniel Freedman upon the occasion of
2 his designation for special honor, and
3 recognizing his numerous accomplishments.
4 "WHEREAS, It is the practice of this
5 Legislative Body that individuals with
6 disabilities merit our recognition as they
7 realize goals that serve to lifts barriers and
8 expand choices for all persons with disabilities;
9 and
10 "WHEREAS, Attendant to such concern,
11 and in full accord with its long-standing
12 traditions, it is the sense of this Legislative
13 Body to commend Daniel Freedman upon the occasion
14 of his designation for special honor, and to
15 recognize his numerous accomplishments; and
16 "WHEREAS, In addition, this
17 Legislative Body is justly proud to congratulate
18 Daniel Freedman upon the occasion of graduating
19 from George F. Baker High School on June 23,
20 2011, and he will participate in the Lakeland
21 Regional High School graduation ceremony on
22 June 22, 2011; and
23 "WHEREAS, At the age of 16, Daniel
24 Freedman of Tuxedo, New York, is already a source
25 of inspiration to all those around him. Born
5325
1 with Down syndrome, this remarkable young man
2 maintains an uncompromising 'can-do' state of
3 mind, determined to live life on his own terms;
4 and
5 "WHEREAS, Among his many
6 achievements, Daniel Freedman has become a Star
7 Scout in Boy Scout Troop 46, an accomplished
8 skier and horseback rider. He was also an active
9 member of his high school student council; and
10 "WHEREAS, Daniel Freedman has been
11 studying the Korean martial art of tae kwon do
12 for the past four years. He has been training at
13 the United Martial Arts Center in Harriman,
14 New York, now the Success Martial Arts Center,
15 and his quest to earn his black belt has been one
16 of his leading passions; and
17 "WHEREAS, In addition to martial
18 arts, Daniel Freedman has a great love for the
19 culinary arts. He is honing his skills with help
20 from Footings, Inc., via the Friendship Club.
21 Footings is a not-for-profit agency based in
22 Monroe, New York, that provides services for
23 young adults with developmental disabilities
24 throughout the Hudson Valley region. His
25 ambition is to attend the Culinary Institute of
5326
1 America in Hyde Park, New York; and
2 "WHEREAS, Daniel Freedman also
3 enjoys acting. Since he was 8 years old, he has
4 been in nine school plays while in the Tuxedo
5 School District, including, in 2008, George F.
6 Baker High School's production of 'South
7 Pacific.' Furthermore, he had a part in the
8 musical 'Once On This Island,' also at George F.
9 Baker High School; and
10 "WHEREAS, In recognition of his
11 extraordinary spirit and unwavering
12 determination, Daniel Freedman was inducted as an
13 honorary member of the National Junior Honor
14 Society at George F. Baker High School in 2007,
15 and 'lettered' in football at Lakeland Regional
16 High School; and
17 "WHEREAS, It is the sense of this
18 Legislative Body that when individuals of such
19 enduring courage and accomplishments are brought
20 to our attention, it is appropriate to publicly
21 proclaim and commend those individuals for the
22 edification and emulation of others; now,
23 therefore, be it
24 "RESOLVED, That this Legislative
25 Body pause in its deliberations to commend Daniel
5327
1 Freedman upon the occasion of his designation for
2 special honor, and to recognize his numerous
3 accomplishments; and be it further
4 "RESOLVED, That a copy of this
5 resolution, suitably engrossed, be transmitted to
6 Daniel Freedman, Tuxedo, New York."
7 ACTING PRESIDENT MARCELLINO: To
8 speak on the resolution, Senator Carlucci.
9 SENATOR CARLUCCI: Thank you,
10 Mr. President.
11 It's an absolute honor and a
12 privilege to have on the floor today Daniel
13 Freedman. He's joined by his family, his parents
14 Michael and Cheryl, his younger sister Julia, his
15 grandmother Gloria.
16 But as read in the resolution,
17 Daniel Freedman is really a true inspiration and
18 a role model to all of us and to all
19 New Yorkers. Daniel was born with Down syndrome
20 and has really outproven and outshined everyone
21 that he comes to meet.
22 He's an avid horseback rider, a
23 skier. He's studying the Korean martial art of
24 tae kwon do and is on his way to receiving a
25 black belt. So you've got to watch out for
5328
1 him -- don't mess around.
2 But he is committed to really
3 serving and being a role model and an inspiration
4 to all of us. He served in nine plays in his
5 high school. And this Thursday he's going to be
6 graduating high school and hopefully going on to
7 take education at the Culinary Institute of
8 America right down the road in Hyde Park.
9 And his real passion is cooking.
10 And I think he's going to do a great job when he
11 graduates college and goes on to serve. And
12 hopefully he'll come back up and cook something
13 for all of us. He was sharing a recipe with me
14 earlier, his favorite recipe for home fries. So
15 hopefully one day I'll experience that from
16 Daniel.
17 But really, we're just honored and
18 privileged to have you join us here today. And
19 it's honor for you and an honor for me to be able
20 to bestow this resolution, and look forward to
21 working with you in the future and making sure
22 that we serve and we show people the inspiration
23 from all of us.
24 And it shows that, you know, no
25 matter what we do, whether we're serving in the
5329
1 Senate or in our high school, when we do whatever
2 we do, if we do it with passion and we do it to
3 the best of our ability, we can be a true
4 inspiration for everyone.
5 So, Daniel, I want to personally
6 thank you for the work that you've done and look
7 forward to seeing great things from you.
8 Thank you, Mr. President.
9 ACTING PRESIDENT MARCELLINO: This
10 resolution has been previously adopted on the
11 17th.
12 Daniel, the Senate welcomes you to
13 our chamber. We offer you the courtesies of the
14 house. We congratulate you on your achievements
15 and your efforts. Keep up the good work, and God
16 bless you.
17 (Applause.)
18 ACTING PRESIDENT MARCELLINO:
19 Senator Libous.
20 SENATOR LIBOUS: Thank you, Senator
21 Carlucci. That was very informative.
22 And we certainly wish you the very
23 best in your endeavors, and we are very proud to
24 honor you on this day.
25 Mr. President, I believe Senator
5330
1 Diaz would like to recognize a group that is
2 here.
3 And, Mr. President, I would just
4 remind folks in the gallery that if there's any
5 clapping or cheering to be done, it will be done
6 here on the floor.
7 So Senator Diaz.
8 ACTING PRESIDENT MARCELLINO:
9 Without objection, Senator Diaz.
10 SENATOR DIAZ: Thank you,
11 Mr. President.
12 Before, I would like to congratulate
13 Senator Carlucci for that beautiful action. It's
14 a good action. Mr. President and ladies and
15 gentlemen, today I would like to welcome here to
16 this chamber a group of members of the New York
17 Hispanic Clergy Organization and other
18 organizations.
19 Here's the vice president, Reverend
20 Juan Castillo; the second president, Reverend
21 Andy Torres; the public relations director,
22 Reverend Samaris Gross; Bishop Nicholas Angustia,
23 of the Mennonite Church; Reverend Fernando
24 Rodriguez, from LACA International; Mr. Cesar
25 Lantigua, from Radio Vision Cristiana
5331
1 Internacional; and Bishop Luis Paniagua from
2 Clamor Por New York.
3 They came here to see how Albany
4 works, and they're here today. And I would like
5 to welcome them and express my appreciation for
6 them being here today.
7 And, you know, this is a group of
8 ministries, working people, nice people from my
9 district, from all over the City of New York, and
10 they're here today. So thank you, Senator
11 Libous, for this beautiful opportunity. And
12 thank you, Mr. President, for giving me also this
13 opportunity.
14 SENATOR LIBOUS: Thank you,
15 Mr. President.
16 We welcome you all to the Capitol on
17 this beautiful day. Thank you for being here.
18 Mr. President.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Libous.
21 SENATOR LIBOUS: At this time there
22 will be an immediate meeting of the Rules
23 Committee in Room 332, an immediate meeting of
24 the Rules Committee in Room 332.
25 The Senate will stand at ease.
5332
1 ACTING PRESIDENT MARCELLINO: There
2 will be an immediate meeting of the Rules
3 Committee in Room 332.
4 And the Senate will stand at ease
5 pending the report of the Rules Committee.
6 (Whereupon, the Senate stood at ease
7 at 2:51 p.m.)
8 (Whereupon, the Senate reconvened at
9 3:30 p.m.)
10 SENATOR LIBOUS: Mr. President, at
11 this time could we go to reports of standing
12 committees.
13 I believe there's a report of the
14 Rules Committee at the desk. Could we have it
15 read and adopted.
16 ACTING PRESIDENT MARCELLINO: We
17 will return to reports of standing committees.
18 There is a report of the Rules
19 Committee at the desk.
20 The Secretary will read.
21 THE SECRETARY: Senator Skelos,
22 from the Committee on Rules, reports the
23 following bills:
24 Senate Print 1831B, by Senator
25 Grisanti, an act to amend the Education Law;
5333
1 2998, by Senator LaValle, an act to
2 amend the Real Property Tax Law;
3 3034, by Senator LaValle, an act to
4 authorize;
5 3184A, by Senator Little, an act to
6 amend the Public Health Law;
7 3279, by Senator Hassell-Thompson,
8 an act requiring the Office of Alcoholism and
9 Substance Abuse;
10 3510B, by Senator Maziarz, an act to
11 amend the Insurance Law;
12 3988B, by Senator Lanza, an act to
13 amend the Insurance Law;
14 4104, by Senator Zeldin, an act to
15 amend the Criminal Procedure Law;
16 4454B, by Senator DeFrancisco, an
17 act to amend the Penal Law;
18 4918A, by Senator Hannon, an act to
19 amend the Public Health Law;
20 5235, by Senator Martins, an act
21 relating to the sales and compensating use tax;
22 5355, by Senator Kennedy, an act to
23 amend the Labor Law;
24 5431A, by Senator Young, an act to
25 amend the Public Health Law;
5334
1 5447, by Senator Young, an act to
2 amend the Public Health Law;
3 5511B, by Senator McDonald, an act
4 to authorize;
5 5525B, by Senator Little, an act to
6 amend the General Municipal Law;
7 5570, by Senator Alesi, an act in
8 relation to the designation;
9 5576, by Senator Golden, an act to
10 amend the General Business Law;
11 5598, by Senator Fuschillo, an act
12 to amend the Vehicle and Traffic Law;
13 5645, by Senator Hannon, an act to
14 amend the Public Authorities Law;
15 5677, by Senator Lanza, an act to
16 amend the Election Law;
17 5678, by Senator Lanza, an act to
18 amend the Mental Hygiene Law;
19 5683, by Senator McDonald, an act to
20 authorize;
21 5693, by Senator Griffo, an act to
22 amend the Vehicle and Traffic Law;
23 5694A, by Senator Saland, an act to
24 amend the Family Court Act;
25 5698, by Senator LaValle, an act in
5335
1 relation to a proposed electric generating
2 facility;
3 5705, by Senator Hannon, an act to
4 amend the Public Health Law;
5 5711, by Senator McDonald, an act to
6 amend the Mental Hygiene Law;
7 5726, by Senator Little, an act to
8 enact;
9 5734A, by Senator Rivera, an act to
10 amend the Criminal Procedure Law;
11 5739A, by Senator Saland, an act to
12 amend the Penal Law;
13 553, by Senator Little, an act to
14 amend the Environmental Conservation Law;
15 5755, by the Senate Committee on
16 Rules, an act to amend Chapter 91 of the Laws of
17 2008;
18 5784, by Senator Ball, an act to
19 amend the Military Law;
20 5793, by Senator McDonald, an act to
21 amend the Mental Hygiene Law;
22 5795, by Senator McDonald, an act to
23 amend the Mental Hygiene Law;
24 5803, by Senator Golden, an act to
25 authorize;
5336
1 And 5808, by Senator DeFrancisco, an
2 act to amend the Insurance Law.
3 All bills reported direct to third
4 reading.
5 ACTING PRESIDENT MARCELLINO: Is
6 there a motion to accept the report of the Rules
7 Committee?
8 SENATOR LIBOUS: I move to accept
9 the report of the Rules Committee.
10 ACTING PRESIDENT MARCELLINO: All
11 in favor signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT MARCELLINO:
14 Opposed, nay.
15 (No response.)
16 ACTING PRESIDENT MARCELLINO: The
17 Rules Committee report is accepted.
18 Senator Libous.
19 SENATOR LIBOUS: At this time,
20 Mr. President, we're going to take up the
21 noncontroversial reading of Supplemental Calendar
22 56C.
23 ACTING PRESIDENT MARCELLINO: The
24 Secretary will read Supplemental Calendar
25 Number 56C, noncontroversial.
5337
1 THE SECRETARY: In relation to
2 Calendar Number 1378, Senator Grisanti moves to
3 discharge, from the Committee on Rules, Assembly
4 Bill Number 354B and substitute it for the
5 identical Senate Bill Number 1831B, Third Reading
6 Calendar 1378.
7 ACTING PRESIDENT MARCELLINO:
8 Substitution approved.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1378, by Member of the Assembly Hoyt, Assembly
12 Print 354B, an act to amend the Education Law.
13 ACTING PRESIDENT MARCELLINO: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect in one year.
17 ACTING PRESIDENT MARCELLINO: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT MARCELLINO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1379, by Senator LaValle, Senate Print 2998, an
25 act to amend the Real Property Tax Law.
5338
1 SENATOR BRESLIN: Lay it aside.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is laid aside.
4 THE SECRETARY: In relation to
5 Calendar Number 1380, Senator LaValle moves to
6 discharge, from the Committee on Rules, Assembly
7 Bill Number 4737 and substitute it for the
8 identical Senate Bill Number 3034, Third Reading
9 Calendar 1380.
10 ACTING PRESIDENT MARCELLINO:
11 Substitution ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1380, by Member of the Assembly Thiele, Assembly
15 Print 4737, an act to authorize.
16 ACTING PRESIDENT MARCELLINO: There
17 is a home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MARCELLINO: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT MARCELLINO: The
5339
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1381, by Senator Little, Senate Print 3184A, an
4 act to amend the Public Health Law.
5 ACTING PRESIDENT MARCELLINO: Read
6 the last section.
7 THE SECRETARY: Section 6. This
8 act shall take effect on October 1, 2011.
9 ACTING PRESIDENT MARCELLINO: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT MARCELLINO: The
14 bill is passed.
15 THE SECRETARY: In relation to
16 Calendar Number 1382, Senator Hassell-Thompson
17 moves to discharge, from the Committee on Rules,
18 Assembly Bill Number 1078 and substitute it for
19 the identical Senate Bill Number 3279, Third
20 Reading Calendar 1382.
21 ACTING PRESIDENT MARCELLINO:
22 Substitution ordered.
23 THE SECRETARY: Calendar Number
24 1382, by Member of the Assembly Jaffee, Assembly
25 Print 1078, an act requiring.
5340
1 ACTING PRESIDENT MARCELLINO: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MARCELLINO: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: In relation to
12 Calendar Number 1383, Senator Maziarz moves to
13 discharge, from the Committee on Rules, Assembly
14 Bill Number 5502B and substitute it for the
15 identical Senate Bill Number 3510B, Third Reading
16 Calendar 1383.
17 ACTING PRESIDENT MARCELLINO:
18 Substitution ordered.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 1383, by Member of the Assembly Heastie, Assembly
22 Print 5502B, an act to amend the Insurance Law.
23 ACTING PRESIDENT MARCELLINO: Read
24 the last section, please.
25 THE SECRETARY: Section 5. This
5341
1 act shall take effect on the 30th day.
2 ACTING PRESIDENT MARCELLINO: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MARCELLINO:
6 Senator McDonald to explain his vote.
7 SENATOR MCDONALD: This is Bill
8 3510B, am I correct?
9 ACTING PRESIDENT MARCELLINO: Yes,
10 Senator.
11 SENATOR MCDONALD: Thank you,
12 Mr. President.
13 Mr. President, I'll be voting no
14 on this bill. I'm concerned about the
15 significance of mail order pharmacies. I have
16 two in my district. They employ quite a few
17 people. They have an average income for the
18 pharmacists -- in one pharmacist mail order group
19 I have approximately 400-plus employees. Half of
20 those employees are making over six figures.
21 They're all pharmacists.
22 I recognize the rationale behind
23 this, and I respect it with the smaller
24 pharmacists. But if there's some sort of
25 compromise as we move forward -- I'd hate to see
5342
1 these type of operations that employ so many
2 people, all local people, move out of the state,
3 which would be a tremendous loss for the City of
4 Troy where one of these is located, and they have
5 over 400 people.
6 Once again, I recognize the big and
7 small argument which we find so often in various
8 forms of retail. But nevertheless, those folks
9 that are pharmacists and staff people are also
10 entitled to be able to make a living. And the
11 base reality is that so many of these big
12 operations have come into our community, and I
13 really don't want to see these type of entities,
14 these mail order pharmacists who provide low-cost
15 drugs, to be operating from Pennsylvania or
16 Massachusetts or any of the other many states.
17 So I will be voting no with the
18 hopes that in the future we might be able to come
19 to some sort of compromise that protects both
20 interests.
21 Thank you, sir.
22 ACTING PRESIDENT MARCELLINO:
23 Senator McDonald will be recorded in the
24 negative.
25 Senator Klein.
5343
1 SENATOR KLEIN: Thank you,
2 Mr. President.
3 I rise in support of this
4 legislation, and I want to thank the sponsor,
5 Senator Maziarz, for bringing it forward.
6 This is giving people, I believe, a
7 choice that they deserve. This is allowing
8 someone, if they choose to use mail order and it
9 works for them and they save money, they'll have
10 the ability to do that. But to make mail order
11 mandatory just doesn't make since. It may not
12 necessarily be cheaper. We're forcing
13 individuals who need drugs, in many cases, in a
14 timely manner -- heart medication, other types of
15 drugs you need right away -- to be at the whim of
16 the United States Postal Service.
17 So this is, I think, a very smart
18 approach which gives the people a choice of
19 whether or not they want to use mail order.
20 Also, I'd like to say that this
21 legislation I think is going to go a long way
22 towards making sure that we still have
23 independent pharmacies in our community. Those
24 pharmacies that we rely on each and every day
25 will fall by the wayside if companies are allowed
5344
1 to make mail order mandatory and force those
2 customers into the mail order pharmacy business.
3 So I vote yes, Mr. President, and
4 want to thank again the sponsor for bringing this
5 to the floor today.
6 ACTING PRESIDENT MARCELLINO:
7 Senator Klein will be recorded in the
8 affirmative.
9 Senator LaValle.
10 SENATOR LaVALLE: Thank you,
11 Mr. President.
12 I want to compliment Senator Maziarz
13 for bringing this bill to the floor. It's
14 critically important that our community
15 pharmacies stay in our community, that our
16 constituents can go into the local pharmacy and
17 the pharmacist knows the individual, knows the
18 drugs that they take, spends time with them,
19 counsels them, ensures that any question that
20 they have is answered.
21 This bill levels the playing field
22 and allows our community pharmacists to be
23 competitive. I vote in the affirmative.
24 ACTING PRESIDENT MARCELLINO:
25 Senator LaValle will be recorded in the
5345
1 affirmative.
2 Senator Adams.
3 SENATOR ADAMS: Thank you,
4 Mr. President.
5 I just want to add on to what
6 Senator LaValle stated. And I'm going to be
7 supporting this bill.
8 You know, we need to be clear. This
9 bill will prohibit health insurance from
10 requiring that the insured purchase prescription
11 drugs from mail order pharmacies. And I can't
12 tell you how many local pharmacies I have in my
13 area. And that the relationship between a local
14 pharmacy and some of the large chain pharmacies
15 really emphasize why this bill is so important,
16 because of the relationship that's developed from
17 some of the small pharmacies, that they actually
18 come in and they have a long-term relationship
19 with many of the individuals that purchase
20 prescription drugs.
21 Not only that, what I think --
22 Senator Maziarz, I commend you for this bill,
23 because it actually points out how competition is
24 good. And many of the small pharmacies, if you
25 do a price-by-price analysis, it's a lie that the
5346
1 mail orders give you the best bang for your
2 buck. That is not the reality.
3 The small pharmacies are giving
4 great competitive pricing. This will continue
5 the competition. If persons that use long-term
6 prescription drugs are required to only go
7 through mail order, that is locking down the
8 market, that is taking away competition, and that
9 is preventing people from going to any business
10 that they think they have a better relationship
11 with or that they believe the price is better.
12 So this is a great bill. I will be
13 supporting it. I'm encouraging my colleagues
14 also to support it. This is a conversation that
15 is often talked about that many people who are
16 using long-term prescription drugs or, if they're
17 using it just to purchase a prescription, that
18 they don't have to only go through mail order.
19 You would rather have a better relationship with
20 your pharmacist than the mailman waiting for your
21 mail order.
22 I'll be voting in the affirmative.
23 ACTING PRESIDENT MARCELLINO: Thank
24 you, Senator Adams. You will be recorded in the
25 affirmative.
5347
1 Senator Stavisky.
2 And I would remind the Senators that
3 we are on explanation of votes, which is two
4 minutes, please. We have a long calendar.
5 Senator Stavisky.
6 SENATOR STAVISKY: Then I'll speak
7 fast.
8 I rise to support this bill. In
9 addition to what has already been said, the
10 community pharmacies offer counseling and
11 explanation services to people in the
12 neighborhood who come in. There are many senior
13 citizens who need to be reassured. They need
14 explanations as to how to take the drugs and so
15 forth.
16 And in my district, many of my
17 constituents are not native American speakers;
18 English is a second language. And when the local
19 pharmacies can explain in their native language,
20 that is something that you just can't do long
21 distance with a mail order prescription.
22 So I'm delighted to be a cosponsor
23 of this bill, and I vote aye.
24 ACTING PRESIDENT MARCELLINO: Thank
25 you, Senator.
5348
1 Senator Stavisky will be recorded in
2 the affirmative.
3 Senator Hassell-Thompson to explain
4 her vote.
5 SENATOR HASSELL-THOMPSON: Thank
6 you, Mr. President.
7 I rise to support this legislation.
8 Primarily, I think that most of it, in terms of
9 language, is an issue. But more than that, as
10 someone who has worked very, very hard with
11 people in my community who suffer from diabetes,
12 stroke, other kinds of illnesses that don't get
13 the kind of education that they really need, they
14 depend upon their pharmacist. The local
15 pharmacist is the person who really takes time
16 with them.
17 Over the years I have voted to give
18 more authority to the pharmacists because of that
19 dialogue and conversation that happens between
20 the local pharmacist -- and which does not
21 sometimes have time to do in the doctor's office.
22 And so I would like to commend
23 Senator Maziarz on this bill, and I have agreed
24 to be a signer-oner as well because I believe in
25 the value of what our local pharmacies mean to
5349
1 the people in our communities.
2 Thank you, Mr. President. I vote
3 aye.
4 ACTING PRESIDENT MARCELLINO: Thank
5 you, Senator Hassell-Thompson. You will be
6 recorded in the affirmative.
7 Senator Seward to explain his vote.
8 SENATOR SEWARD: Thank you,
9 Mr. President.
10 I have spent my career here in the
11 Senate being a supporter of small businesses, and
12 I would include among that group our independent
13 pharmacists and our local businesses that
14 dispense pharmaceutical products to the public.
15 And I certainly understand their important role
16 in our communities.
17 I'm also a supporter of taking
18 measures to hold down the cost of health
19 insurance premiums, which is the whole reason
20 behind these mail order dispensement of
21 pharmaceuticals. And in fact, there is a great
22 deal of opportunity for the people of our state
23 that utilize mail order to get counseling. A
24 number of the employees that Senator McDonald
25 referred to in his district on the phone talking
5350
1 with subscribers of their health insurance
2 policies and advising them in terms of their
3 prescription drugs.
4 But having said that, this is
5 perfect type of bill that should go before our
6 mandate commission to determine these issues of
7 whether this is costing or saving health
8 insurance premium payers of our state in terms of
9 real dollars. A cost-benefit analysis is greatly
10 needed on this piece of legislation.
11 Unfortunately, even though we
12 created the mandate commission a number of years
13 ago, it still is not up and functioning, and I
14 regret that very much. And therefore, I must --
15 until this type of bill goes before the mandate
16 commission, I should vote in the negative on this
17 piece of legislation.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Seward will be recorded in the negative.
20 Senator Maziarz.
21 SENATOR MAZIARZ: Thank you very
22 much, Mr. President.
23 I appreciate the comments of all of
24 my colleagues, those who supported and did not
25 support this legislation. We've been trying to
5351
1 negotiate this bill and get language in.
2 And really this bill is, as was
3 pointed out before, about protecting small
4 businesses, independent pharmacies. You know,
5 clearly the healthcare market changes
6 dramatically and will continue to change, and
7 obviously the cost is most important. But I
8 think that there's that cost you really can't
9 measure, and that's the cost of a comfort level
10 of people going in and talking to someone
11 face-to-face, someone that they trust --
12 particularly senior citizens, someone that they
13 trust.
14 And that's what this bill is really
15 all about. That was my motivation. And again, I
16 think this is a good idea. Things are certainly
17 going to change in the future, I'm sure, in the
18 healthcare debate. And as my colleague Senator
19 Seward said, you know, this is probably going to
20 be on the table for further discussions in the
21 mandate relief package.
22 But this is a good bill for right
23 now in New York State, and I vote in the
24 affirmative. Thank you, Mr. President.
25 ACTING PRESIDENT MARCELLINO:
5352
1 Senator Maziarz, you will be recorded in the
2 affirmative.
3 Senator Krueger to explain her vote.
4 SENATOR KRUEGER: Thank you very
5 much.
6 I knew it would please Senator
7 Maziarz to hear me stand up and thank him for
8 sponsoring this bill and bringing it to the
9 floor. People have explained their votes in a
10 variety of ways.
11 You know, competition is healthy and
12 it's good. And even though there's all these
13 memos here saying somehow supporting allowing
14 independent neighborhood pharmacies to stay open
15 will be bad for competition, I'll be damned if I
16 can figure out how passage of this bill will harm
17 price competition.
18 And I will also just highlight one
19 other thing. People talked about language
20 issues, access issues, needing small pharmacies
21 in their communities. What about some of us who
22 have attempted to get our drugs through mail
23 order and sometimes the drugs get lost and you
24 don't get them in time? Thank goodness for small
25 pharmacies who are willing to give you a few days
5353
1 of supply, even if you've already been going
2 through a mail order system.
3 So it's a good policy. It's good
4 for New York to want to support its small
5 pharmacies and to keep them open in as many
6 places as possible. I vote yes. Thank you.
7 ACTING PRESIDENT MARCELLINO:
8 Senator Krueger, thank you. You will be recorded
9 in the affirmative.
10 Senator Diaz.
11 SENATOR DIAZ: Thank you,
12 Mr. President.
13 Just to congratulate Senator
14 Maziarz, this is a good bill. Senator Maziarz,
15 your heart is always in the right place. It's a
16 privilege to vote for your bill because you're
17 always remembering the needy, the poor. And
18 you're always in the right place and your heart
19 is always there. Continue being who you are.
20 Mr. President, Mr. President, I'm
21 voting yes.
22 ACTING PRESIDENT MARCELLINO: Thank
23 you, Senator Diaz. You will be recorded in the
24 affirmative.
25 Senator Johnson to explain his vote.
5354
1 SENATOR OWEN JOHNSON: Yes. The
2 obvious advantages of advantages of dealing with
3 your local pharmacist have been mentioned, not
4 only for your service but the fact that they're
5 available for other people. They're part of the
6 business district and it would be a negative for
7 most small towns and the individuals who live
8 there to lose their local pharmacists.
9 It's been mentioned that the reason
10 for the mail order system is that it's less
11 expensive. But my pharmacist and the local
12 pharmacists in my area all agree to take the
13 price -- whatever the whatever the mail order
14 people charge, that's what they will charge. And
15 so there is no disadvantage economically, and
16 there's certainly it's socially and healthwise
17 advantage to have that local pharmacy there.
18 So I think this is a good bill. We
19 should definitely pass this bill.
20 ACTING PRESIDENT MARCELLINO: Thank
21 you, Senator Johnson. You will be recorded in
22 the affirmative.
23 Any other Senators wishing to be
24 explain their votes?
25 Seeing none, announce the results,
5355
1 please.
2 THE SECRETARY: In relation to
3 Calendar Number 1383, those recorded in the
4 negative are Senators McDonald and Seward.
5 Ayes, 60. Nays, 2.
6 ACTING PRESIDENT MARCELLINO: The
7 bill is finally passed.
8 THE SECRETARY: Calendar Number
9 1384, by Senator Lanza, Senate Print 3988B, an
10 act to amend the Insurance Law.
11 ACTING PRESIDENT MARCELLINO: Read
12 the last section.
13 THE SECRETARY: Section 5. This
14 act shall take effect on the first of January.
15 ACTING PRESIDENT MARCELLINO: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MARCELLINO:
19 Senator Seward to explain his vote.
20 SENATOR SEWARD: Yes,
21 Mr. President. I stated earlier on the previous
22 bill about the need for a mandate commission when
23 it comes to these health insurance changes. This
24 is another example of a piece of legislation
25 which truly needs an unbiased cost-benefit
5356
1 analysis by a mandate commission.
2 Therefore, as well-intentioned as
3 this bill is, my heart says yes, but my head says
4 I should vote no unless this piece of legislation
5 in fact has been vetted by a mandate commission.
6 ACTING PRESIDENT MARCELLINO:
7 Senator Seward will be recorded in the negative.
8 Announce the results.
9 THE SECRETARY: Ayes, 61. Nays,
10 1. Senator Seward recorded in the negative.
11 ACTING PRESIDENT MARCELLINO: The
12 bill is passed.
13 THE SECRETARY: In relation to
14 Calendar Number 1385, Senator Zeldin moves to
15 discharge, from the Committee on Rules, Assembly
16 Bill Number 4446 and substitute it for the
17 identical Senate Bill Number 4104, Third Reading
18 Calendar 1385.
19 ACTING PRESIDENT MARCELLINO:
20 Substitution ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 1385, by Member of the Assembly Boyle, Assembly
24 Print 4446, an act to amend the Criminal
25 Procedure Law.
5357
1 ACTING PRESIDENT MARCELLINO: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MARCELLINO: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: In relation to
9 Calendar Number 1385, those recorded in the
10 negative are Senators Duane, Hassell-Thompson,
11 L. Krueger, Montgomery, Perkins, and Rivera.
12 Also Senator Dilan.
13 Ayes, 55. Nays, 7.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: In relation to
17 Calendar Number 1386, Senator DeFrancisco moves
18 to discharge, from the Committee on Rules,
19 Assembly Bill Number 2063C and substitute it for
20 the identical Senate Bill Number 4454B, Third
21 Reading Calendar 1386.
22 ACTING PRESIDENT MARCELLINO:
23 Substitution ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
5358
1 1386, by Member of the Assembly Gottfried,
2 Assembly Print 2063C, an act to amend the Penal
3 Law.
4 ACTING PRESIDENT MARCELLINO: Read
5 the last section, please.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MARCELLINO: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MARCELLINO:
12 Senator DeFrancisco to explain his vote.
13 SENATOR DeFRANCISCO: Yes, this is
14 the Good Samaritan Bill. It's been known by that
15 in some circles. And basically it provides
16 protection from criminal prosecution of young
17 people or even old people that may be subject to
18 an overdose or a bad event with alcohol, to
19 encourage people to go to the hospital or to
20 bring somebody to the hospital rather than worry
21 about whether they're going to be prosecuted and
22 end up with a very terrible result because of the
23 overdose.
24 This is also an example of how good
25 legislation can be formed from where it started
5359
1 to where it ended. There was a lot of opposition
2 from the district attorney's offices on the
3 grounds that it might protect drug sellers.
4 Well, the way the bill was structured, with their
5 help and now with their approval, is that if it's
6 a possession charge, you can't be charged with
7 simply possession. If it's a sale charge, you
8 can be charged; however, there's an affirmative
9 defense if there was a good-faith effort to get
10 medical assistance because of an overdose.
11 So it's a good bill, balanced, and I
12 think it's going to save some lives in this
13 state. And I'm proud to have been involved in
14 it, and I vote aye.
15 ACTING PRESIDENT MARCELLINO:
16 Senator DeFrancisco will be recorded in the
17 affirmative.
18 Senator Hannon to explain his vote.
19 SENATOR HANNON: Yes,
20 Mr. President. This bill, which will help take
21 people who are going through on overdose, make
22 sure that they get to an emergency room or a
23 clinic, I think is an appropriate balance in the
24 criminal law so that people can be assured that
25 their actions to help people will not result in
5360
1 an unfortunate criminal charge.
2 It's been a very difficult one to
3 craft, but I congratulate the people who have
4 been involved and I think it will add to the
5 safety of our ordinary lives.
6 Thank you.
7 ACTING PRESIDENT MARCELLINO: Thank
8 you, Senator Hannon. You will be recorded in the
9 affirmative.
10 Please announce the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: In relation to
15 Calendar Number 1387, Senator Hannon moves to
16 discharge, from the Committee on Rules, Assembly
17 Bill Number 8248 and substitute it for the
18 identical Senate Bill Number 4918A, Third Reading
19 Calendar 1387.
20 ACTING PRESIDENT MARCELLINO:
21 Substitution ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1387, by Member of the Assembly Gottfried,
25 Assembly Print Number 8248, an act to amend the
5361
1 Public Health Law.
2 ACTING PRESIDENT MARCELLINO: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MARCELLINO: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MARCELLINO: If
10 you're in the negative, please keep your hand up.
11 Announce the results, please.
12 THE SECRETARY: In relation to
13 Calendar Number 1387, those recorded in the
14 negative are Senators Adams, Addabbo, Avella,
15 Gianaris, Hassell-Thompson, Kennedy, Montgomery,
16 Oppenheimer, Perkins, Rivera, Squadron and
17 Stavisky.
18 Ayes, 50. Nays, 12.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Montgomery, why are you waving? Other
21 than to say hello.
22 SENATOR MONTGOMERY: Yes,
23 Mr. President, I would like to change my vote
24 from no to yes.
25 ACTING PRESIDENT MARCELLINO:
5362
1 Senator Montgomery will have her vote changed
2 from no to yes.
3 Senator Oppenheimer.
4 SENATOR OPPENHEIMER: I would like
5 the same, please.
6 ACTING PRESIDENT MARCELLINO:
7 Senator Oppenheimer would also like her vote
8 changed from no to yes.
9 Can we do this whole vote again
10 rather than go through this? We're going to redo
11 the vote on 1387. All opposed please raise your
12 hands clearly.
13 Please announce the results.
14 THE SECRETARY: In relation to
15 Calendar Number 1387, those recorded in the
16 negative are Senators Adams, Addabbo, Avella,
17 Gianaris, Hassell-Thompson, Kennedy, Peralta,
18 Rivera and Stavisky.
19 Ayes, 53. Nays, 9.
20 ACTING PRESIDENT MARCELLINO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1388, by Senator Martins, Senate Print 5235 --
24 SENATOR BRESLIN: Lay it aside.
25 ACTING PRESIDENT MARCELLINO: Lay
5363
1 the bill aside.
2 THE SECRETARY: In relation to
3 Calendar Number 1389, Senator Kennedy moves to
4 discharge, from the Committee on Rules, Assembly
5 Bill Number 241 and substitute it for the
6 identical Senate Bill Number 5355, Third Reading
7 Calendar 1389.
8 ACTING PRESIDENT MARCELLINO: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 1389, by Member of the Assembly Latimer, Assembly
12 Print 241, an act to amend the Labor Law.
13 ACTING PRESIDENT MARCELLINO: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect.
17 ACTING PRESIDENT MARCELLINO: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MARCELLINO:
21 Senator Kennedy to explain his vote.
22 SENATOR KENNEDY: Yes, thank you
23 very much, Mr. President.
24 This bill creates a subcommittee of
25 the State Workforce Investment Board to focus on
5364
1 green jobs.
2 And over the course of the next
3 several days, we are going to be dealing with
4 some very important issues as it pertains to
5 everyone in the state and society in general.
6 And I think it's important that we as a chamber
7 and as a Legislature keep our eye on the ball,
8 which is one of the most important focuses, and
9 that's creating jobs and helping businesses to
10 create jobs.
11 This bill will help to spur job
12 creation in a new green economy. It will allow
13 us to take advantage of federal grant dollars
14 that have been put forward. And it will help to
15 streamline the government process.
16 I want to thank the head of the
17 Labor Committee, Senator Joe Robach, for moving
18 this quickly to the Rules Committee for a vote
19 today, as well as Senator Maziarz in recognizing
20 the importance of this coming to a floor for a
21 vote, as it's already been approved in the
22 Assembly.
23 Thank you.
24 ACTING PRESIDENT MARCELLINO: Thank
25 you, Senator Kennedy. You will be recorded in
5365
1 the affirmative.
2 Announce the results, please.
3 THE SECRETARY: In relation to
4 Calendar Number 1389, those recorded in the
5 negative are Senators Bonacic, Johnson and
6 Saland.
7 Ayes, 59. Nays, 3.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1390, by Senator Young, Senate Print 5431A, an
12 act to amend the Public Health Law.
13 ACTING PRESIDENT MARCELLINO: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MARCELLINO: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT MARCELLINO: The
22 bill is passed.
23 THE SECRETARY: In relation to
24 Calendar Number 1391, Senator Young moves to
25 discharge, from the Committee on Rules, Assembly
5366
1 Bill Number 7893 and substitute it for the
2 identical Senate Bill Number 5447, Third Reading
3 Calendar 1391.
4 ACTING PRESIDENT MARCELLINO: The
5 substitution is ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1391, by Member of the Assembly Gunther, Assembly
9 Print 7893, an act to amend the Public Health
10 Law.
11 ACTING PRESIDENT MARCELLINO: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MARCELLINO: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: In relation to
22 Calendar Number 1392, Senator McDonald moves to
23 discharge, from the Committee on Rules, Assembly
24 Bill Number 8014B and substitute it for the
25 identical Senate Bill Number 5511B, Third Reading
5367
1 Calendar 1392.
2 ACTING PRESIDENT MARCELLINO:
3 Substitution ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 1392, by Member of the Assembly Canestrari,
7 Assembly Print Number 8014B, an act to authorize
8 the City of Rensselaer.
9 ACTING PRESIDENT MARCELLINO: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MARCELLINO: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1393, by Senator Little, Senate Print 5525B, an
21 act to amend the General Municipal Law.
22 ACTING PRESIDENT MARCELLINO: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
5368
1 ACTING PRESIDENT MARCELLINO: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: In relation to
8 Calendar Number 1394, Senator Alesi moves to
9 discharge, from the Committee on Rules, Assembly
10 Bill Number 7742A and substitute it for the
11 identical Senate Bill Number 5570, Third Reading
12 Calendar 1394.
13 ACTING PRESIDENT MARCELLINO: The
14 substitution is ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 1394, by Member of the Assembly Lupardo, Assembly
18 Print 7742A, an act in relation.
19 ACTING PRESIDENT MARCELLINO: Read
20 the last section, please.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MARCELLINO: Call
24 the roll.
25 (The Secretary called the roll.)
5369
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1395, by Senator Golden, Senate Print 5576, an
6 act to amend the General Business Law.
7 ACTING PRESIDENT MARCELLINO: Read
8 the last section.
9 THE SECRETARY: Section 5. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MARCELLINO: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 60. Nays,
15 2. Senators LaValle and Saland recorded in the
16 negative.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1396, by Senator Fuschillo, Senate Print 5598, an
21 act to amend the Vehicle and Traffic Law.
22 ACTING PRESIDENT MARCELLINO: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
5370
1 ACTING PRESIDENT MARCELLINO: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: In relation to
8 Calendar Number 1397, Senator Hannon moves to
9 discharge, from the Committee on Rules, Assembly
10 Bill Number 8188A and substitute it for the
11 identical Senate Bill Number 5645, Third Reading
12 Calendar 1397.
13 ACTING PRESIDENT MARCELLINO: The
14 substitution is ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 1397, by Member of the Assembly Gibson, Assembly
18 Print 8188A, an act to amend the Public
19 Authorities Law.
20 ACTING PRESIDENT MARCELLINO: Read
21 the last section, please.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MARCELLINO: Call
25 the roll.
5371
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 THE SECRETARY: In relation to
6 Calendar Number 1398, Senator Lanza moves to
7 discharge, from the Committee on Rules, Assembly
8 Bill Number 7602A and substitute it for the
9 identical Senate Bill Number 5677, Third Reading
10 Calendar 1398.
11 ACTING PRESIDENT MARCELLINO: The
12 substitution is ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1398, by Member of the Assembly Millman, Assembly
16 Print Number 7602A, an act to amend the Election
17 Law.
18 ACTING PRESIDENT MARCELLINO: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MARCELLINO: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 62.
5372
1 ACTING PRESIDENT MARCELLINO: The
2 bill is passed.
3 THE SECRETARY: In relation to
4 Calendar Number 1399, Senator Lanza moves to
5 discharge, from the Committee on Rules, Assembly
6 Bill Number 8357 and substitute it for the
7 identical Senate Bill Number 5678, Third Reading
8 Calendar 1399.
9 ACTING PRESIDENT MARCELLINO:
10 Substitution ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 1399, by Member of the Assembly Titone, Assembly
14 Print 8357, an act to amend the Mental Hygiene
15 Law.
16 ACTING PRESIDENT MARCELLINO: Read
17 the last section, please.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MARCELLINO: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT MARCELLINO: The
25 bill is passed.
5373
1 THE SECRETARY: In relation to
2 Calendar Number 1400, Senator McDonald moves to
3 discharge, from the Committee on Rules, Assembly
4 Bill Number 8285 and substitute it for the
5 identical Senate Bill Number 5683, Third Reading
6 Calendar 1400.
7 ACTING PRESIDENT MARCELLINO: The
8 substitution is ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1400, by Member of the Assembly Canestrari,
12 Assembly Print 8285, an act to authorize.
13 ACTING PRESIDENT MARCELLINO: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MARCELLINO: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: In relation to
21 Calendar Number 1400, those recorded in the
22 negative are Senators Bonacic, Larkin and O'Mara.
23 Ayes, 59. Nays, 3.
24 ACTING PRESIDENT MARCELLINO: The
25 bill is passed.
5374
1 THE SECRETARY: Calendar Number
2 1401, by Senator Griffo, Senate Print 5693, an
3 act to amend the Vehicle and Traffic Law.
4 ACTING PRESIDENT MARCELLINO: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MARCELLINO: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: In relation to
15 Calendar Number 1402, Senator Saland moves to
16 discharge, from the Committee on Rules,
17 Assembly Bill Number 7836A and substitute it for
18 the identical Senate Bill Number 5694A, Third
19 Reading Calendar 1402.
20 ACTING PRESIDENT MARCELLINO:
21 Substitution ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1402, by Member of the Assembly Paulin, Assembly
25 Print Number 7836A, an act to amend the Family
5375
1 Court Act.
2 ACTING PRESIDENT MARCELLINO: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MARCELLINO: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1403, by Senator LaValle, Senate Print 5698 --
14 SENATOR BRESLIN: Lay it aside.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is laid aside.
17 THE SECRETARY: In relation to
18 Calendar Number 1404, Senator Hannon moves to
19 discharge, from the Committee on Rules,
20 Assembly Bill Number 8336 and substitute it for
21 the identical Senate Bill Number 5705,
22 Third Reading Calendar 1404.
23 ACTING PRESIDENT MARCELLINO:
24 Substitution ordered.
25 The Secretary will read.
5376
1 THE SECRETARY: Calendar Number
2 1404, by Member of the Assembly Roberts, Assembly
3 Print Number 8336, an act to amend the Public
4 Health Law.
5 ACTING PRESIDENT MARCELLINO: Read
6 the last section, please.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the same date and in the
9 same manner as a chapter of the Laws of 2011.
10 ACTING PRESIDENT MARCELLINO: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1405, by Senator McDonald, Senate Print 5711, an
18 act to amend the Mental Hygiene Law.
19 ACTING PRESIDENT MARCELLINO: Read
20 the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MARCELLINO: Call
24 the roll.
25 (The Secretary called the roll.)
5377
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1406, by Senator Little, Senate Print 5726, an
6 act to enact.
7 ACTING PRESIDENT MARCELLINO: Read
8 the last section.
9 THE SECRETARY: Section 6. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MARCELLINO: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1407, by Senator Rivera, Senate Print 5734A, an
19 act to amend the Criminal Procedure Law.
20 ACTING PRESIDENT MARCELLINO: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the 90th day.
24 ACTING PRESIDENT MARCELLINO: Call
25 the roll, please.
5378
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MARCELLINO:
3 Senator Rivera to explain his vote
4 SENATOR RIVERA: Thank you,
5 Mr. President.
6 This bill, I'd actually like to take
7 a second to thank Senator Saland as well
8 Assemblymember Aubry for passing it in the
9 Assembly. It is a bill to authorize and regulate
10 charitable bail organizations.
11 There are thousands of New Yorkers
12 each year who are held in jail because they
13 simply cannot afford the few hundred dollars that
14 bail is. So what this does, what this bill does
15 is it authorizes things like the Bronx Freedom
16 Fund, which is a revolving fund of a charitable
17 organization in which individuals are able to
18 have bail posted on their behalf. It goes right
19 back to the fund after these folks come back to
20 court.
21 Now, this is something that has
22 already worked in the Bronx. A pilot program was
23 set there, and the numbers tell the whole story.
24 Ninety-five percent of the individuals who were
25 impacted by this actually returned to court, and
5379
1 over 50 percent had their cases either dismissed
2 or there were no criminal charges that were
3 brought against them.
4 So this is something that both is a
5 positive for public safety and for costs, because
6 it makes sure that the people that actually are
7 going through the system are folks that are
8 actually committing serious crimes. And, number
9 two, it makes sure that people who do not need to
10 remain in jail, so that they don't have negative
11 impact on their lives, they can do so.
12 So I am, again, very thankful to
13 Senator Saland for allowing this to go directly
14 to Rules and to Assemblymember Aubry for passing
15 it in the Assembly. And I would encourage all my
16 colleagues to be supportive of this legislation.
17 I will be in the affirmative. Thank
18 you, Mr. President.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Rivera will be recorded in the
21 affirmative.
22 Senator Montgomery.
23 SENATOR MONTGOMERY: Yes,
24 Mr. President, I rise to thank Senator Rivera for
25 bringing this bill to the floor. And I know that
5380
1 he thanked Senator Saland, but I'm thanking
2 Senator Rivera, because his name is on the bill.
3 And I know that this bill will mean
4 so much to so many of the people that we
5 represent, because the issue of pretrial
6 detention is a very major problem. It's a big
7 part of the cost of our criminal justice system.
8 And so many, many people are just there detained
9 because they can't make bail. And so if we can
10 address that, and this bill does, we will begin
11 to see a very different outcome and also reduce
12 the cost of the criminal justice system.
13 So, Mr. President, I'm very happy to
14 support this bill and again thank Senator Rivera
15 for bringing it to the floor. I vote aye.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Montgomery will be recorded in the
18 affirmative.
19 Announce the results, please.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT MARCELLINO: The
22 bill is passed.
23 Senator Breslin.
24 SENATOR BRESLIN: Thank you,
25 Mr. President.
5381
1 Not only is the bill just passed by
2 Senator Rivera an excellent bill and worthy of
3 note, but it is also the first bill that Senator
4 Gustavo Rivera has passed in this house, and he
5 is to be commended for it.
6 (Applause.)
7 ACTING PRESIDENT MARCELLINO: The
8 chair congratulates you on your first bill,
9 Senator Rivera. I won't say many more.
10 (Laughter.)
11 THE SECRETARY: Calendar Number
12 1408, by Senator Saland, Senate Print 5739A, an
13 act to amend the Penal Law.
14 ACTING PRESIDENT MARCELLINO: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 180th day.
18 ACTING PRESIDENT MARCELLINO: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1409, by Senator Little, Senate Print 553, an act
5382
1 to amend the Environmental Conservation Law.
2 ACTING PRESIDENT MARCELLINO: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MARCELLINO: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MARCELLINO: We're
10 on Calendar Number 1409, gentlemen.
11 SENATOR O'MARA: Bill number?
12 ACTING PRESIDENT MARCELLINO: The
13 bill number is 553. That's the print number.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 The Secretary will continue to read.
18 THE SECRETARY: In relation to
19 Calendar Number 1410, Senator Skelos moves to
20 discharge, from the Committee on Rules, Assembly
21 Bill Number 8283 and substitute it for the
22 identical Senate Bill Number 5755, Third Reading
23 Calendar 1410.
24 ACTING PRESIDENT MARCELLINO:
25 Substitution ordered.
5383
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 1410, by Member of the Assembly Abbate,
4 Assembly Print Number 8283, an act to amend
5 Chapter 91 of the Laws of 2008.
6 ACTING PRESIDENT MARCELLINO: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MARCELLINO: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1411, by Senator Ball, Senate Print 5784, an act
18 to amend the Military Law.
19 ACTING PRESIDENT MARCELLINO: Read
20 the last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect on the 90th day.
23 ACTING PRESIDENT MARCELLINO: Call
24 the roll.
25 (The Secretary called the roll.)
5384
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1412, by Senator McDonald, Senate Print 5793, an
6 act to amend the Mental Hygiene Law.
7 ACTING PRESIDENT MARCELLINO: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 120th day.
11 ACTING PRESIDENT MARCELLINO: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1413, by Senator McDonald, Senate Print 5795, an
19 act to amend the Mental Hygiene Law.
20 ACTING PRESIDENT MARCELLINO: Read
21 the last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect on the 60th day.
24 ACTING PRESIDENT MARCELLINO: Call
25 the roll.
5385
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1414, by Senator Golden, Senate Print 5803, an
7 act to authorize.
8 ACTING PRESIDENT MARCELLINO: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MARCELLINO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Those recorded in
16 the negative on Calendar Number 1414 are Senators
17 Bonacic, Larkin and O'Mara.
18 Ayes, 59. Nays, 3.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1415, by Senator DeFrancisco, Senate Print --
23 SENATOR BRESLIN: Lay it aside.
24 ACTING PRESIDENT MARCELLINO: The
25 bill is laid aside.
5386
1 Senator LaValle, that ends the
2 noncontroversial reading of the calendar.
3 SENATOR LaVALLE: Mr. President,
4 can we go to the controversial agenda, please.
5 ACTING PRESIDENT MARCELLINO: Yes,
6 we can. The Secretary will ring the bells,
7 please.
8 The Secretary will read the
9 controversial calendar.
10 THE SECRETARY: Calendar Number
11 1379, by Senator LaValle, Senate Print 2998, an
12 act to amend the Real Property Tax Law.
13 SENATOR KRUEGER: Explanation.
14 ACTING PRESIDENT MARCELLINO:
15 Senator LaValle, an explanation has been
16 requested by Senator Krueger.
17 SENATOR LaVALLE: Thank you,
18 Mr. President.
19 I think, as everyone knows, we as
20 people don't like paying taxes. But when we look
21 at the different taxes that we pay, the real
22 property tax is right up at the top. People use
23 words like it's insidious, it's hurtful, it's
24 terrible. And so we have, all of us, put in
25 bills, passed bills, laws, that have tried in one
5387
1 way or another to get our arms around real
2 property tax problems, particularly as it applies
3 to schools.
4 We have passed a property tax cap
5 and it will be an issue before we leave that we
6 will deal with and have passed a property tax cap
7 law. That's what the Governor has said, that's
8 what our Majority Leader has said.
9 This bill before us pertains to
10 senior citizens and those that have achieved an
11 age of 70 or greater. Earlier this session we
12 passed a bill to try and help younger people who
13 are buying homes for the first time to get some
14 real property tax relief. This bill allows
15 seniors -- and you hear this all the time: "You
16 know, I hope somewhere before I leave this earth
17 that I'll get some relief so that I can stay in
18 my home."
19 This bill would allow a senior,
20 provided that the local school district opts in
21 by resolution, to allow, in the STAR program,
22 seniors to freeze their real property taxes. The
23 legislation uses the word "capped," capped. But
24 what we're doing is we're allowing them to freeze
25 it.
5388
1 As you know, there is the basic STAR
2 program for everyone regardless of age. But for
3 seniors 65 or older, they can apply for the
4 enhanced STAR program. One of the questions that
5 Senator Krueger asked me on the cost -- and I'm
6 going to try and answer it -- is that we allow
7 the senior to freeze their property tax at a
8 point when they turn 70 in the next tax year.
9 We also allow the senior, if they
10 want, to stay with the enhanced STAR program,
11 because the enhanced STAR program has, up until
12 this year, gone up according to the cost of
13 living. This year there was no cost of living.
14 Next year we could put that back based on
15 revenues.
16 We in the last couple of years have
17 taken a program that has been a bulwark,
18 particularly in the suburban and rural districts,
19 to give people real property tax relief. We have
20 been starting to play around with some of the
21 parameters in the STAR program. This bill is
22 critically important to those people who have
23 made investments in their community, are 70 or
24 older, to have some peace of mind, to say, "All
25 right, I'm going in and I want my property taxes
5389
1 frozen."
2 Since this would be a new program,
3 we don't know how many people will apply for this
4 benefit. We don't know whether maybe a year or
5 two later someone looks and says, "You know, I
6 jumped the gun. I said I wanted to freeze my
7 taxes, but I would be better off if I choose the
8 enhanced STAR program."
9 And so this bill would give relief
10 to one class of people. We have during the
11 session tried to help individuals of all ages.
12 And as I said, and I repeat again, we passed
13 legislation that the Governor signed into law to
14 allow primarily young people, first-time
15 homebuyers, to receive real property tax relief.
16 In that case the state does not, as
17 we do in the STAR program, reimburse the local
18 school district. And so, as most of you know,
19 when we give an exemption, we then spread the
20 exemption among all of the taxpayers who are not
21 in that particular category. If you're not a
22 veteran, if you're not a senior citizen, if
23 you're not disabled, you know, we pass those on.
24 And we accept it; we say that's a good thing to
25 help certain people in certain categories.
5390
1 Senator Krueger, that is my answer,
2 complete. And I cannot give you an answer -- as
3 I said to you in the Rules Committee, if you're
4 looking for an answer on how much this costs, I
5 cannot tell you.
6 SENATOR KRUEGER: Thank you.
7 ACTING PRESIDENT MARCELLINO:
8 You're welcome.
9 (Laughter.)
10 SENATOR KRUEGER: Would you please,
11 Mr. President, ask the sponsor if he will yield.
12 ACTING PRESIDENT MARCELLINO: I
13 would be pleased to.
14 Senator LaValle, will you yield to a
15 question from Senator Krueger?
16 SENATOR LaVALLE: If it's a
17 question other than how much does this cost, the
18 answer is yes.
19 (Laughter.)
20 ACTING PRESIDENT MARCELLINO: I
21 believe he answered yes.
22 SENATOR KRUEGER: Thank you.
23 ACTING PRESIDENT MARCELLINO:
24 You're welcome.
25 SENATOR KRUEGER: I'm glad we're so
5391
1 entertained. We're having a discussion about a
2 tax bill where we're not allowed to know how much
3 it will cost us, but fine. Let's start.
4 When the sponsor just explained his
5 bill, I was a little confused about whether he
6 believes that this new STAR option would be
7 either/or, enhanced senior STAR or this new
8 program. As I read it, you would -- you'd be
9 eligible for basic STAR. Then, if you were 65 or
10 older, with income I think below $79,500, then
11 you would be eligible for enhanced senior STAR.
12 And at least upon my reading of the
13 bill, then if this became law, you could also, in
14 addition to STAR and enhanced senior STAR, be
15 eligible for this supplemental freeze or cap if
16 you're 70 or older.
17 Am I misreading the bill?
18 SENATOR LaVALLE: I believe,
19 Senator, it indicates that in each year the
20 senior must apply for this frozen benefit, for
21 the frozen benefit. So maybe you can point out
22 in the language where this is different.
23 So what I had said to you is that in
24 a particular year, because the enhanced STAR goes
25 up, the senior might say, "You know, I am not
5392
1 going to apply for the freeze, even though I had
2 that for a couple of years."
3 SENATOR KRUEGER: Mr. President, if
4 through you the sponsor would continue to yield.
5 SENATOR LaVALLE: Yes.
6 ACTING PRESIDENT MARCELLINO:
7 Senator LaValle yields.
8 SENATOR KRUEGER: Thank you. So
9 maybe we're having -- I really sincerely am a
10 little confused.
11 So you're eligible for STAR. You're
12 eligible if you're -- we're assuming, to start,
13 you're eligible for basic STAR. If you're 65 or
14 older with income of below -- just checking the
15 website -- of $79,050 in 2011-2012, you're
16 eligible for the senior enhanced STAR.
17 SENATOR LaVALLE: That is correct.
18 SENATOR KRUEGER: Can you be
19 eligible for this cap or freeze on increases in
20 your real property school tax if you're 70 and
21 older? So can you be eligible for all three?
22 SENATOR LaVALLE: No.
23 SENATOR KRUEGER: No. Through you,
24 Mr. President.
25 ACTING PRESIDENT MARCELLINO: I
5393
1 believe the Senator yields.
2 SENATOR LaVALLE: Yes, correct.
3 SENATOR KRUEGER: So it's you
4 choose either the enhanced STAR or the freeze.
5 SENATOR LaVALLE: Yes.
6 SENATOR KRUEGER: Thank you. If
7 through you the sponsor will continue to yield.
8 ACTING PRESIDENT MARCELLINO:
9 Senator LaValle continues to yield.
10 SENATOR KRUEGER: Thank you.
11 Okay. So right now the State of
12 New York expects to have approximately
13 $790 million in enhanced STAR costs in 2011-12
14 because X number of people are receiving enhanced
15 STAR. But it's possible, if this becomes the
16 law, some people will choose to receive the cap
17 instead of the enhanced STAR, and that's why
18 Senator LaValle can't give me a full answer of
19 how much enhanced STAR might disappear because
20 people chose this program instead. Is that a
21 fair understanding?
22 SENATOR LaVALLE: Through you,
23 Mr. President.
24 Senator Krueger, I think we have to
25 separate out some terms here. With the freeze or
5394
1 the cap in the legislation, we are freezing a tax
2 rate. We're freezing a tax rate. When we're
3 talking STAR or STAR enhancement, we're talking
4 about a monetary amount.
5 SENATOR KRUEGER: Yes. So to go
6 back to the question, Mr. President, if through
7 you.
8 ACTING PRESIDENT MARCELLINO:
9 Senator LaValle, do you yield?
10 SENATOR LaVALLE: Yes.
11 ACTING PRESIDENT MARCELLINO: He
12 does.
13 SENATOR KRUEGER: Oh, thank you.
14 So again, in STAR and enhanced STAR
15 there is a reduction in -- or there's actually a
16 payment from the state back to the homeowners of
17 a certain amount of money in --
18 SENATOR LaVALLE: The school
19 district. It goes directly to the school
20 district.
21 SENATOR KRUEGER: Excuse me, the
22 school district. The homeowner gets the
23 deduction, the school district gets money.
24 SENATOR LaVALLE: That's correct.
25 SENATOR KRUEGER: And in 2011-2012,
5395
1 according to the New York State department of Tax
2 and Finance, the enhanced STAR for seniors will
3 total approximately $780 million.
4 But now you're saying that this
5 program will also cap or freeze what your
6 property tax rate might be. So to go back to my
7 earlier question, I think you could get enhanced
8 STAR for seniors and also get a capped rate of
9 your school property tax at the same time.
10 SENATOR LAVALLE: Senator, I had --
11 in answering your question, I'm asking you a
12 question. Where is the language here that does
13 that?
14 SENATOR KRUEGER: Well, that's my
15 dilemma in my question to you also.
16 SENATOR LaVALLE: No, no.
17 SENATOR KRUEGER: No?
18 SENATOR LAVALLE: No.
19 SENATOR KRUEGER: Okay.
20 Mr. President, if through you.
21 ACTING PRESIDENT MARCELLINO: Sure.
22 SENATOR KRUEGER: Now I'm trying to
23 answer the question. The enhanced STAR exemption
24 is available for primary residences of senior
25 citizens with yearly household incomes not
5396
1 exceeding the statewide standard. Then, under
2 the bill, a residential real property owned and
3 occupied by an individual of 70 years of age or
4 older, or by a husband or wife, one of whom is
5 70 years of age or older and meets each of the
6 requirements of the enhanced STAR exemption,
7 shall be eligible for a fixed real property
8 school tax rate --
9 SENATOR LAVALLE: You should put a
10 period right there, because we're setting -- we
11 wanted to set an eligibility requirement. Who
12 are we talking about in terms of income, who
13 would be eligible. So we're using the enhanced
14 STAR requirements or standards for the person who
15 can now raise their hand and say "I would like my
16 tax rate capped."
17 Now, if you keep reading, you're
18 going to go down to the tax rate cap or freeze
19 language.
20 SENATOR KRUEGER: I can see that.
21 Mr. President, if through you.
22 SENATOR LaVALLE: We're making
23 progress.
24 SENATOR KRUEGER: What I don't see
25 is any place in the bill where, having started
5397
1 out as eligible for STAR and enhanced STAR, where
2 you lose enhanced STAR because you chose a cap on
3 future increases in your residential school
4 district property tax.
5 ACTING PRESIDENT MARCELLINO: Is
6 that a question, Senator Krueger?
7 SENATOR KRUEGER: Yes, it is.
8 ACTING PRESIDENT MARCELLINO:
9 Senator LaValle.
10 SENATOR LAVALLE: Senator Krueger,
11 I cannot answer your question other than the
12 answers that I've given to you.
13 SENATOR KRUEGER: Mr. President, if
14 through you the sponsor would continue to yield.
15 ACTING PRESIDENT MARCELLINO:
16 Senator LaValle, do you continue to yield?
17 SENATOR LaVALLE: Yes.
18 ACTING PRESIDENT MARCELLINO: He
19 yields.
20 SENATOR KRUEGER: Thank you.
21 So I'm going to try to repeat what I
22 said out loud, and then I'll get to another
23 question.
24 As I read this legislation, you
25 could be eligible for STAR, you can be eligible
5398
1 for enhanced STAR, you don't lose enhanced STAR
2 but now you can eligible for a freeze or a cap on
3 the growth of your real property school tax from
4 year to year. So we start with this year I'm
5 receiving STAR, I'm receiving enhanced STAR, and
6 I'm making an application, if this became law,
7 for a cap in growth. So that next year I could
8 be eligible for STAR, I could be eligible for
9 enhanced STAR, but because I have been approved
10 for the growth rate in my school district tax, I
11 would not be liable for taxes at this increased
12 rate, and in fact the local government would send
13 that amount of the bill to the State of New York
14 to make them whole for the lost revenue because
15 we have capped these people who are 70 and older
16 at a certain year's rate.
17 Is this a correct understanding?
18 SENATOR LaVALLE: I think you're
19 onto it now. Because now you're talking about
20 tax rate, you're talking about the growth in the
21 tax rate, and you are talking about the
22 difference between what the tax rate was and the
23 what the increase was, and that's what the school
24 district would be eligible to receive from the
25 state.
5399
1 But when you talk about enhanced,
2 and I just want to repeat this again, we used the
3 enhanced -- you have to be eligible for the
4 enhanced to even raise your hand and say "I want
5 to cap my tax rate." Okay?
6 SENATOR KRUEGER: Correct.
7 Mr. President, if through you the
8 Senator would continue to yield.
9 ACTING PRESIDENT MARCELLINO:
10 Senator LaValle, do you yield?
11 SENATOR LaVALLE: Maybe.
12 ACTING PRESIDENT MARCELLINO: I
13 think he's pondering.
14 SENATOR LaVALLE: Senator, I will
15 try and answer your question.
16 SENATOR KRUEGER: I appreciate
17 that.
18 SENATOR LaVALLE: But this, quite
19 honestly, is an exercise in circumlocution.
20 SENATOR KRUEGER: I don't think
21 so. But --
22 SENATOR LAVALLE: Okay.
23 SENATOR KRUEGER: Mr. President, I
24 think the sponsor has agreed to yield.
25 ACTING PRESIDENT MARCELLINO: Have
5400
1 you yielded, Senator LaValle, to another
2 question?
3 SENATOR LaVALLE: I would like
4 Senator Krueger to ask me the question. And if
5 it's something that is repetitive, I am not going
6 answer it because we are going around and around.
7 ACTING PRESIDENT MARCELLINO:
8 Senator Krueger.
9 SENATOR KRUEGER: Thank you. Well,
10 I don't think we're going around and around. I
11 have just moved down the road of my understanding
12 of what this bill would do.
13 So now my next question is would a
14 community that has the same population, two
15 communities with the same population, the same
16 populations with approximately the same incomes,
17 the same home values, the same assessment rates,
18 would a community with more people over 70 be
19 receiving a higher rate of New York State revenue
20 back to their local towns than a town with a
21 younger population?
22 SENATOR LaVALLE: Through you,
23 Mr. President. Senator, there are communities
24 that have senior communities, and so that there
25 could be some districts that would receive some
5401
1 additional monies back because of seniors
2 choosing the freeze. We don't know that because
3 we don't have any experience with it.
4 And obviously this bill did not come
5 out of left field. This bill came in talking to
6 seniors, to districts. And a lot of seniors
7 said, "You know, I don't know what I would do.
8 You know, because a freeze sounds good, but if
9 the increases in the enhanced keep going up, why
10 would I choose a freeze? I might be better off
11 taking an enhanced benefit."
12 We have to take one year at a time.
13 This year, Senator, we didn't have a cost of
14 living increase, so this year would be a good
15 year to choose a freeze. Because -- you know,
16 maybe, you know, for some people. So I think
17 it's something that only, you know, experience
18 would give us the kind of information that we
19 need on what senior population, you know, would
20 take this benefit.
21 The most important thing is it would
22 not, like other exemptions, hurt younger people.
23 But as I said, and I want to repeat it again, I
24 think there's a sensitivity, certainly on my part
25 and a lot of members, to be very careful about
5402
1 these shifts. But we just passed and the
2 Governor signed into law this session first-time
3 homebuyers in which we gave young people,
4 primarily young people, a 50 percent break on
5 their real property taxes if the municipality --
6 the school district, the town, the village, the
7 county -- enacts their local resolution.
8 SENATOR KRUEGER: Mr. President, on
9 the bill.
10 ACTING PRESIDENT MARCELLINO:
11 Senator Krueger on the bill.
12 SENATOR KRUEGER: Thank you. I
13 appreciate the sponsor's answers.
14 It's a dilemma. I think -- whether
15 Senator LaValle agrees with me or not, I think
16 the discussion was worthwhile, because it helps
17 us understand how complicated our system of
18 taxation is and some of the unintended
19 consequences that can come out of making a tax
20 system extremely complicated -- the differences
21 between caps, enhancements, reimbursements from
22 the state to the locality, different rules based
23 on age, different rules based on whether you're a
24 homeowner or a renter.
25 STAR as a system at the very
5403
1 beginning, in fact, is a disadvantage to the
2 cities in New York State where a
3 disproportionately large number of people are
4 renters, not owners. And therefore they see less
5 money coming back to their communities from STAR
6 because they are disproportionately large numbers
7 of renters, versus in suburban New York State
8 where they are owners.
9 We already have a system where we
10 have an enhancement for senior citizens 65 and
11 older. And again, some people have raised tax
12 policy questions over the years as to whether
13 establishing tax levels based on age as opposed
14 to income is a very good model for taxation.
15 We've debated tax caps in this house. We've
16 debated circuit-breakers in this house. We are
17 no doubt going to, I assume, see some kind of
18 additional tax cap proposal perhaps before we
19 leave session this year.
20 My concern about this bill is it
21 seems to be yet another layering of complexity
22 into the system we've already concluded isn't
23 really working that well for us. I respect the
24 Senator's, the sponsor's point that he is trying
25 to offer some kind of relief to older
5404
1 homeowners. Although it's not based on income,
2 it's based on age, which again I'm not really
3 sure is good tax policy. In fact, I'm fairly
4 sure it's not good tax policy.
5 I also think it -- by his own, I
6 think, admission it layers on the complexity it
7 depends on the year, whether you file, whether
8 your locality decides it's going to accept the
9 system for this town. It's making an already
10 complex system more complex.
11 We don't know what the actual cost
12 to the State of New York will be, although we
13 know it will be something because we know that
14 STAR costs the state significantly each year.
15 And this will be, one has to believe, an added-on
16 cost; otherwise, nobody would participate and
17 there would be no motivation for the Senator to
18 be moving the bill.
19 I have to disagree with his closing
20 statement that this doesn't cost young people
21 anything. Because in fact, if the cost of this
22 new program is a significant cost to the State of
23 New York -- remember, the state has to pay the
24 locality whatever the 70 and older taxpayer is
25 not paying to the locality. So if the cost is
5405
1 significant to the state, I would make the
2 argument that in the absence of alternative
3 sources of revenue other than our budget, we
4 would be forced to cut some other equal amount of
5 money out of our budget to transfer to the
6 locality, and that that very well might be money
7 being cut out of programs for younger people.
8 I don't think, in the end, we should
9 be deciding tax policy by age, and that creating
10 new programs, because we had one for 65-plus, but
11 now we'll have another for 70-plus and, I don't
12 know, the year after one for 72.5-plus, is a very
13 good model for tax policy. So I'll be voting
14 no.
15 And I appreciate very much the
16 sponsor's answers to my questions.
17 Thank you, Mr. President.
18 ACTING PRESIDENT MARCELLINO:
19 Seeing no other Senator wishing to be heard on
20 this bill, debate is closed.
21 Can we ring the bells, please.
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of January.
25 ACTING PRESIDENT MARCELLINO: Call
5406
1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61. Nays,
4 1. Senator L. Krueger recorded in the negative.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1388, by Senator Martins, Senate Print 5235, an
9 act relating to the sales and compensating use
10 tax.
11 ACTING PRESIDENT MARCELLINO: If we
12 can have some order, please {gaveling}.
13 SENATOR BRESLIN: Explanation.
14 ACTING PRESIDENT MARCELLINO: An
15 explanation has been requested by Senator
16 Breslin, Senator Martins.
17 SENATOR MARTINS: Thank you.
18 This is a bill that would cancel the
19 liability for waste transfer stations that are
20 regulated by the New York State Department of
21 Environmental Conservation where the waste
22 removed was not generated by the facility.
23 Specifically, it would provide for
24 canceling of liability between April 1, 1997, and
25 December 1, 2005. Any monies that were paid by
5407
1 any such facilities between that period, this
2 bill would call for those monies to be refunded
3 as well.
4 Now, the reason we have those two
5 dates specifically is that in 1997 there was an
6 advisory opinion that for the first time there's
7 an interpretation by the New York State
8 Department of Taxation and Finance that these
9 facilities would have to pay sales tax on
10 materials removed from a transfer station.
11 In 2005, December 1, 2005, the
12 Legislature, including this house, passed bills
13 which were eventually signed into law which
14 reversed that advisory opinion. But it did leave
15 that period between 1997 and 2005 where there was
16 potential liability. And in order to resolve
17 that, I have introduced this bill.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Krueger, why do you rise?
20 SENATOR KRUEGER: I thought I'd ask
21 a question, if the sponsor would yield.
22 ACTING PRESIDENT MARCELLINO: Would
23 the sponsor yield to Senator Krueger?
24 SENATOR MARTINS: I would be glad
25 to. Thank you, Mr. President.
5408
1 ACTING PRESIDENT MARCELLINO: You
2 want to rethink that?
3 (Laughter.)
4 ACTING PRESIDENT MARCELLINO:
5 Senator Krueger.
6 SENATOR KRUEGER: Thank you very
7 much. Could you just tell me how much you think
8 this will cost the state if we were to pass a
9 bill retroactively giving some number of
10 companies their tax money back?
11 SENATOR MARTINS: I have to say,
12 Senator Krueger, the estimates I have are between
13 $2.9 million and $5 million have been paid for
14 that period of time where assessments were made
15 and monies were actually paid, so that money
16 would have to be refunded. And that the
17 potential liability to the state is $26.7 million
18 for that period. That is based on assessments
19 but not necessarily monies that had been
20 collected, just an estimate as to the potential
21 liability.
22 Although again, if we're calling for
23 a refund, we're limited to that number,
24 $2.9 million to $5 million.
25 I just wanted to take the
5409
1 opportunity, if I may, just to fully answer your
2 question I want to go back to the memorandum of
3 support from that bill that eventually became law
4 in 2005. Again, I will point out that the bill
5 in 2005 was voted on 61-0 in this house,
6 including many members who are still in the house
7 today.
8 And as part of the justification,
9 and I'll quote, "The advisory opinion" -- and
10 that's the advisory opinion from 1997 --
11 "contains a strained interpretation of the
12 Tax Law that is beyond that contemplated by the
13 Legislature when it sought to impose a tax on the
14 services of maintaining real property. Since
15 this additional tax would, like all other costs
16 incurred by supplies, be passed on to the
17 ultimate consumer; i.e., the individual owners of
18 the property or the municipalities that provided
19 such services to its residents, in essence it
20 results in a double tax to the ultimate home or
21 business owner. This bill would specifically
22 exclude such services from tax."
23 So what I am suggesting is that
24 consistent with this house's determination in
25 2005, and consistent with the justification, we
5410
1 should go back and tighten that loophole, which
2 is that period between 1997 and 2005, so that the
3 same tax that was determined not to be consistent
4 with this body's interpretation of the Tax Law
5 would not inure to the detriment of specific
6 waste facilities.
7 SENATOR KRUEGER: Thank you. The
8 explanation is satisfactory. Thank you.
9 ACTING PRESIDENT MARCELLINO: Thank
10 you, Senator.
11 SENATOR MARTINS: Thank you.
12 ACTING PRESIDENT MARCELLINO:
13 Seeing no other members wishing to speak on this
14 bill, the Secretary will ring the bells.
15 Read the last section, please.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MARCELLINO: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 61. Nays,
22 1. Senator Maziarz recorded in the negative.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
5411
1 1403, by Senator LaValle, Senate Print 5698, an
2 act in relation to a proposed electric generating
3 facility.
4 SENATOR BRESLIN: Explanation.
5 ACTING PRESIDENT MARCELLINO:
6 Senator LaValle, an explanation has been
7 requested by Senator Breslin.
8 SENATOR LaVALLE: Thank you.
9 Senator Breslin, let me give you
10 some of the background in why this bill was
11 developed.
12 We on Long Island have an entity
13 that is responsible for generating electric
14 power. It's called the Long Island Power
15 Authority. Long Island Power Authority has, at
16 various points in its career -- it was formed in
17 1986 -- has had some good, a little fame, but
18 lately we haven't seen much glory or fame from
19 the Long Island Power Authority.
20 It has generating plants in Port
21 Jefferson, Northport, the Barrett plant over in
22 Island Park, Glenwood Landing up in Nassau
23 County, and actually Far Rockaway has a plant in
24 Queens that is part of the LIPA area.
25 Somewhere in the middle of its
5412
1 tenure from 1986 to today, LIPA decided that it
2 would split its generation and its transmission
3 of the power. And what it did was it created --
4 went out to bid, and an outfit named National
5 Grid -- and I think you have some experience with
6 National Grid upstate. It used to be NIMO, now
7 it's National Grid.
8 In Port Jefferson -- let's use Port
9 Jefferson as an example, LIPA has come in and
10 done a number of things. It has begun a process
11 to diminish the tax base in that community, as it
12 has in Northport, in Island Park, Glenwood
13 Landing and so forth. It also is at a very
14 important point, and this is key to the
15 establishment of this legislation, that it is now
16 looking at these plants that have existed for
17 many, many years as to whether the plants will
18 continue to generate power, for how long, and how
19 much power.
20 This legislation is a creative
21 approach to ensure that we can use the Port
22 Jefferson site in a number of ways. We could
23 repower Port Jefferson, we could repower
24 Northport, so forth and so on. We could treat
25 it, which this legislation does, as a brownfield
5413
1 site. And what we did with this is we use, in
2 order to give competition, give people an idea
3 that they would come in and make an offer to
4 either repower it or build solar panels to
5 generate electricity at that particular site.
6 The beauty of this legislation, and
7 sometimes I know an irritant to the other side of
8 the aisle, is to use tax credits under brownfield
9 legislation and carve out an increased benefit
10 by the -- an increased benefit by using what
11 manufacturers would get if this was a
12 manufacturing site. And I am told by various
13 people that that would be one methodology in
14 getting people to come to the site to want to put
15 solar panels, repower it, or whatever at the
16 site.
17 National Grid does have some money
18 that is laid aside and would use that money to
19 help clean up that site. So with some of that
20 money and the use of tax credits under the
21 brownfield legislation, we would be able to get a
22 number of entities to come there and be
23 competitive.
24 ACTING PRESIDENT MARCELLINO:
25 Senator Krueger, why do you rise?
5414
1 SENATOR KRUEGER: Thank you. I
2 wanted to ask the sponsor a couple of brief
3 questions on the bill.
4 SENATOR LaVALLE: Yes.
5 SENATOR KRUEGER: Thank you.
6 So this would be to make an
7 exception to the brownfield tax credit law that
8 the Senate Republicans changed in 2008. So we
9 had a brownfields tax credit law, many people
10 recognized it as being too broad, covering too
11 many things that were not intended to be covered
12 by the law, and so the law was moderated and
13 changed in 2008 because of the overly generous
14 costs.
15 And now this would be an exception
16 to the law we passed in 2008 for this specific
17 energy site or for all electric generating
18 plants?
19 SENATOR LaVALLE: Senator, the
20 answer is yes. And what we're trying to do is to
21 make sure that we have a site that is producing
22 energy that is clean, that is being generated in
23 the most economical way and hopefully will inure
24 to the benefit of the ratepayer, since we will be
25 generating potentially greater power than we have
5415
1 on-site now. It will be cleaner power and, as I
2 said, most likely cheaper.
3 And I just want to reinforce this
4 because I think it's critically important. It
5 does not mean that it has to be done in the same
6 way. This year the Town of Brookhaven, where I
7 live, through Brookhaven National Lab is creating
8 a solar power field of tens of acres of solar
9 panels to generate electricity. So that is a
10 possibility that we go to that form to generate
11 energy.
12 SENATOR KRUEGER: Mr. President, on
13 the bill.
14 ACTING PRESIDENT MARCELLINO:
15 Senator Krueger on the bill.
16 SENATOR KRUEGER: Thank you.
17 We have a series of tax credits and
18 grant programs and even federal funds as well as
19 state funds available to modernize and create
20 efficiencies and improve energy generation in
21 this state. Which is one of the things I've
22 heard might want to be done on this piece of
23 property. And if in fact the company decides to
24 sell the property to someone else, under the
25 state law they have an obligation to remediate
5416
1 and clean up the land now.
2 I had a power plant in my district
3 that closed, and it was very clear that they had
4 a legal obligation to remediate and clean up the
5 brownfields before they sold that land.
6 So in fact if the existing energy
7 company chooses to modernize, make more efficient
8 and I have to believe set up a system with solar
9 or anything else that would result in cheaper
10 utilities, there are any number of tax credits
11 and options they have available. And if they
12 choose to sell it, they have a legal obligation
13 to clean it up, which is the good news for Port
14 Jefferson. I believe that was the town that was
15 mentioned.
16 What I don't think we should do is
17 open up and expand the eligibility for the
18 brownfields cleanup program tax credits, which
19 were exploited by certain businesses in this
20 state in the past and in fact are already leaving
21 us with potentially hundreds of millions of
22 dollars of liabilities for the projects that
23 appeared to move forward before we changed the
24 law in 2008.
25 My understanding is DEC says the
5417
1 cost for this program will be $10 million. I
2 just don't see our justifying spending another
3 $10 million in New York State for an additional
4 credit for a site that is legally already
5 obligated to be cleaned up if the utility company
6 were to sell and go somewhere else, and/or could
7 in fact apply for a variety of different credits
8 and grants and funds if it decides to move into a
9 modernization with cleaner energy.
10 And I hope they do modernize, and I
11 do hope they offer cleaner energy to the
12 community. But I don't believe we should be
13 passing this bill today. I'll be voting no,
14 Mr. President.
15 ACTING PRESIDENT MARCELLINO:
16 Seeing no other Senators wishing to speak on this
17 bill, the debate is closed.
18 The Secretary will ring the bell.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MARCELLINO: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MARCELLINO:
5418
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar Number 1403, those recorded in the
4 negative are Senators Avella, Breslin, Duane,
5 Espaillat, Gianaris, Hassell-Thompson, Huntley,
6 L. Krueger, C. Kruger, Montgomery, Oppenheimer,
7 Peralta, Perkins, Rivera, Serrano, Smith,
8 Squadron, Stavisky, and Stewart-Cousins.
9 Ayes, 43. Nays, 19.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1415, by Senator DeFrancisco, Senate Print 5808,
14 an act to amend the Insurance Law.
15 SENATOR BRESLIN: Explanation.
16 ACTING PRESIDENT MARCELLINO:
17 Senator DeFrancisco, an explanation has been
18 requested.
19 SENATOR DeFRANCISCO: Yes, this
20 bill would allow for malpractice insurance
21 carriers to maintain reserves of 20 percent of
22 the potential losses on policies.
23 And the reason for that is it would
24 reduce it from 100 percent, because 100 percent
25 reserves are unreasonable and it causes upward
5419
1 pressure on medical malpractice rates,
2 unnecessary upward pressure, in order to keep
3 reserves of a hundred percent. And that's what
4 it does.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Breslin, why do you rise?
7 SENATOR BRESLIN: Would the sponsor
8 yield for a question or two.
9 SENATOR DeFRANCISCO: Yes. Yes.
10 ACTING PRESIDENT MARCELLINO: Yes,
11 he will. As soon as we can get some order in the
12 house. Thank you.
13 SENATOR BRESLIN: Through you,
14 Mr. President, do you know whether or not the
15 Insurance Department has taken any position on
16 this legislation?
17 SENATOR DeFRANCISCO: No, they have
18 not. They've been involved -- there were some
19 early negotiations. They've been involved in
20 negotiations on the bill. They haven't really
21 gave their firm opinion one way or the other.
22 There was a different bill that had
23 a 10 percent reserve, as opposed to 20 percent,
24 as this bill does. But they haven't weighed in
25 on this one as yet.
5420
1 SENATOR BRESLIN: Again through
2 you, Mr. President, if the sponsor would continue
3 to yield.
4 SENATOR DeFRANCISCO: Yes.
5 SENATOR BRESLIN: Do you know the
6 rationale that the Insurance Department imposes a
7 100 percent set-aside for claims?
8 SENATOR DeFRANCISCO: There is a --
9 well, the -- there was a raid of a fund for
10 medical malpractice insurance that was -- because
11 the Legislature and the Governor back several
12 years ago decided that we needed money for
13 general purposes. So as a result, there's --
14 this reserve fund that should have been fully
15 funded is no longer there.
16 The reason the Insurance Department
17 wants 100 percent funding, or at least up to this
18 point in time, was to make sure that there would
19 be sufficient funds in the reserve to pay claims
20 as they become due.
21 However, over the last 10 years the
22 experience of medical malpractice claims has been
23 that the insurance carriers have needed nothing
24 near the 100 percent, and that's where the
25 20 percent came in. In other words, reserves are
5421
1 always overestimated. And the way the insurance
2 companies become whole is just keep raising
3 malpractice insurance rates. And by raising
4 them, it causes an artificial increase in cost of
5 medical malpractice premiums.
6 SENATOR BRESLIN: Would the sponsor
7 continue to yield.
8 SENATOR DeFRANCISCO: Yes.
9 ACTING PRESIDENT MARCELLINO: The
10 sponsor yields.
11 SENATOR BRESLIN: Wouldn't the
12 projected reserves be based upon prior
13 experience?
14 SENATOR DeFRANCISCO: Correct.
15 SENATOR BRESLIN: And can you tell
16 us, in a given year, last year or the year before
17 or the year before that, the excess reserves over
18 actual payments? Do you know that number, either
19 in a percentage or in an absolute?
20 SENATOR DeFRANCISCO: I don't know
21 that number. But the 20 percent would be
22 adequate to cover future potential claims.
23 And there's another point. The
24 present value of dollars as they are today that
25 would be needed to fund something out three or
5422
1 four or five years down the road, as some of
2 these projected losses are, is substantially
3 less. There's value to money being invested over
4 a period of time.
5 So $10 today is worth, if they have
6 to pay something ten years in the future, is
7 worth $20 or $30 ten years in the future. So the
8 amount of reserves that are kept don't have to be
9 100 percent, just because of the time value of
10 money.
11 SENATOR BRESLIN: Again, will the
12 sponsor continue to yield.
13 SENATOR DeFRANCISCO: Yes.
14 SENATOR BRESLIN: Then what you're
15 saying is that the 20 percent projected in this
16 bill, as opposed to 100 percent set aside for
17 reserves, would be sufficient in an actually way
18 to pay all claims?
19 SENATOR DeFRANCISCO: There is --
20 that is correct, in view of one other provision
21 of the bill. And the other provision of the bill
22 is that the Superintendent of Insurance has full
23 discretion to direct increases in reserves for
24 the pool deficit when obligations actually become
25 due and owing.
5423
1 So if an insurance company doesn't
2 have enough reserves, they can then -- the
3 Insurance Department, as time goes on, if they
4 see it's not sufficient, can order an increase in
5 the reserves. So the Superintendent of Insurance
6 has a substantial say in the amount of reserves
7 in the future.
8 SENATOR BRESLIN: Again through
9 you, Mr. President, if the sponsor would continue
10 to yield.
11 SENATOR DeFRANCISCO: Yes.
12 ACTING PRESIDENT MARCELLINO: The
13 sponsor yields.
14 SENATOR BRESLIN: Given the fact
15 that much of our financial difficulties have come
16 through companies being undercapitalized,
17 wouldn't it be true that if you reduced the
18 amount of reserves needed to pay claims you would
19 then increase the available cash and you would be
20 able to attract new customers, which would make
21 your capitalization even thinner?
22 SENATOR DeFRANCISCO: No.
23 SENATOR BRESLIN: Again, through
24 you.
25 ACTING PRESIDENT MARCELLINO:
5424
1 Senator, do you yield?
2 SENATOR DeFRANCISCO: Yes.
3 ACTING PRESIDENT MARCELLINO: The
4 Senator yields.
5 SENATOR BRESLIN: Can you explain
6 that in more than a yes/no answer?
7 SENATOR DeFRANCISCO: Well, the
8 reason is is that you should be keeping reserves
9 sufficient to pay your claims. If you
10 overinflate the reserves, what you're doing is
11 artificially increasing the cost to doctors,
12 because they have to make money in more premiums
13 to raise the reserves.
14 If our history has been that we've
15 not needed or these companies have not needed
16 anywhere near 100 percent, we've been
17 artificially charging doctors too much money for
18 their medical malpractice insurance. And this
19 will help correct that by, I believe, reducing
20 insurance rates.
21 And if there was a problem, if the
22 reserves started getting too low in view of
23 actual claims as they came forward, the
24 Superintendent of Insurance could come in and
25 request additional reserves to be put in.
5425
1 SENATOR BRESLIN: Again through
2 you, Mr. President, would the sponsor continue to
3 yield.
4 SENATOR DeFRANCISCO: Yes.
5 ACTING PRESIDENT MARCELLINO: The
6 Senator yields.
7 SENATOR BRESLIN: If in fact it
8 would reduce costs to doctors, could you explain
9 why the legislation, the prior legislation, which
10 is only the difference, between 10 and 20, was
11 opposed by the Medical Society?
12 SENATOR DeFRANCISCO: Well, I think
13 probably because of their reliance on the
14 competitive malpractice insurance carrier MLMIC.
15 MLMIC doesn't want this. MLMIC doesn't want this
16 because they're a much bigger carrier and they
17 can afford the higher reserves. Whereas these
18 smaller carriers that are proposing this bill
19 can't compete. And they can't compete because
20 they don't have the amount of reserves or the
21 amount of business or they can't afford the
22 amount of reserves that MLMIC can afford.
23 And I don't think the medical
24 profession, if they were opposed to the
25 10 percent, really understood that point. And if
5426
1 they -- I don't think they're opposed to the 20
2 percent, which is the current bill. That's why
3 we increased it, to try get more people in
4 support of it. And I didn't get a memo in
5 opposition by the medical profession. Maybe you
6 have one.
7 SENATOR BRESLIN: On the bill.
8 Thank you, Senator DeFrancisco.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Breslin on the bill.
11 SENATOR BRESLIN: This is not
12 only -- the difference between 10 and 20 is
13 marginal, as opposed to 100 percent reserves set
14 aside for malpractice claims.
15 The New York insurance Association
16 has been against it. MLMIC has been against it,
17 and they are in fact the largest carrier, which
18 would make them have more cash if we reduce the
19 amount of reserves.
20 This country got into financial
21 problems because of reducing reserves and
22 reducing the ability to pay claims. MLMIC would
23 benefit tremendously by this, because they would
24 have that much additional capital and they have
25 more than twice the percentage, the share of the
5427
1 market than PRI, who's been the company pushing
2 this bill.
3 I think it's a bad bill for
4 medicine, it's a bad bill for the State of
5 New York because ultimately, if it fails, if the
6 reserves aren't proper and they aren't properly
7 set aside, we will end up paying.
8 I vote in the negative.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Hannon on the bill.
11 SENATOR HANNON: Thank you,
12 Mr. President. On the bill.
13 This is a good bill for the moment
14 because it tries to write and keep two companies
15 in the market of writing medical malpractice
16 insurance.
17 The difficulty with this market,
18 it's come down to two companies. And it
19 wasn't -- when the original statutory structure
20 was set out, there was actual competition and
21 then there was a high-risk pool set up. But
22 because of the nature of the two companies and
23 the high-risk pool, we have something that really
24 doesn't fit the statute anymore.
25 We need to keep these two companies
5428
1 together because the bigger company, MLMIC, does
2 insure the most doctors, but they don't insure
3 all the doctors. PRI insures the other doctors.
4 And we need keep this going.
5 The entire medical malpractice
6 marketplace is not in a stable situation. It
7 needs to be looked at. It needs to be examined
8 by all folks. In many cases the doctors are
9 flocking like crazy to either practices bought by
10 hospitals or practices where they're just
11 employed by hospitals, skewing the rest of the
12 market and skewing for the patients how they're
13 going to obtain their direct medical care.
14 So for the moment, this bill fits
15 the need. For the long run, this state, the
16 revitalized Insurance Commission needs to take a
17 look at it, as does the healthcare industry,
18 because we need something that's going to be
19 viable for the long run.
20 But at the moment, I vote yes.
21 ACTING PRESIDENT MARCELLINO: Thank
22 you, Senator Hannon.
23 Senator DeFrancisco, are you on the
24 bill?
25 SENATOR DeFRANCISCO: Yes, I just
5429
1 wanted to mention that it has been unequivocally
2 proven that this is an outstanding bill. When
3 Senator Hannon and I agree on a medical
4 malpractice issue, it is a cause for celebration
5 and for cheering in this chamber, because that
6 means if we both think it's a good bill, it's got
7 to be a good bill.
8 And I thank Senator Hannon for his
9 support.
10 ACTING PRESIDENT MARCELLINO:
11 Seeing no other members wishing to speak on this
12 bill, the debate is closed.
13 And according to Senator
14 DeFrancisco, it's time to celebrate, so ring the
15 bells.
16 Read the last section, please.
17 THE SECRETARY: Section 2. This
18 act shall take effect December 31, 2011.
19 ACTING PRESIDENT MARCELLINO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: In relation to
23 Calendar 1415, those recorded in the negative are
24 Senators Avella, Breslin, Duane and Squadron.
25 Ayes, 58. Nays, 4.
5430
1 ACTING PRESIDENT MARCELLINO: The
2 bill is passed.
3 Senator Maziarz, that completes the
4 controversial calendar as we have it.
5 SENATOR MAZIARZ: Thank you very
6 much, Mr. President.
7 Could we return to the active list
8 and take up Calendar Number 915, please, at this
9 time.
10 ACTING PRESIDENT MARCELLINO: The
11 Secretary will read Calendar Number 915.
12 THE SECRETARY: Calendar Number
13 915, by Senator Saland, Senate Print 4530B, an
14 act to amend the Civil Practice Law and Rules.
15 ACTING PRESIDENT MARCELLINO: Read
16 the last section, please.
17 THE SECRETARY: Section 4. This
18 act shall take effect on the 30th day.
19 ACTING PRESIDENT MARCELLINO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 Senator Maziarz.
5431
1 SENATOR MAZIARZ: Thank you very
2 much, Mr. President.
3 At this time could we go back to
4 Senate Supplemental Calendar Number 56B and call
5 up Calendar Number 1371, please.
6 ACTING PRESIDENT MARCELLINO:
7 Supplemental Calendar 56B, Calendar Number 1371.
8 There is a home-rule message at the
9 desk. The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1371, by Senator Ranzenhofer, Senate Print 5200,
12 an act to deem the objects or purposes for which
13 certain bonds were issued.
14 ACTING PRESIDENT MARCELLINO: Read
15 the last section, please.
16 THE SECRETARY: Section 4. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MARCELLINO: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 Senator Maziarz.
25 SENATOR MAZIARZ: Mr. President, at
5432
1 this time would you please call on Senator
2 Hassell-Thompson for an announcement.
3 ACTING PRESIDENT MARCELLINO: The
4 chair calls on Senator Hassell-Thompson for an
5 announcement.
6 SENATOR HASSELL-THOMPSON: Yes,
7 thank you, Mr. President.
8 There will be an immediate meeting
9 of the Democratic Conference in the Democratic
10 Conference Room.
11 ACTING PRESIDENT MARCELLINO: There
12 will be an immediate meeting of the Democrat
13 Conference in the Democrat Conference Room.
14 Senator Maziarz.
15 SENATOR MAZIARZ: Mr. President, at
16 this time the Senate will stand at ease pending
17 the return of the Democrats.
18 ACTING PRESIDENT MARCELLINO: The
19 Senate will stand at ease, pending.
20 Approximately a half an hour is the time frame.
21 (Whereupon, the Senate stood at ease
22 at 5:43 p.m.)
23 (Whereupon, the Senate reconvened at
24 6:54 p.m.)
25 ACTING PRESIDENT O'MARA: Senator
5433
1 Libous.
2 SENATOR LIBOUS: Mr. President,
3 there will be an immediate meeting of the
4 Rules Committee in Room 332, an immediate meeting
5 of the Rules Committee in Room 332.
6 ACTING PRESIDENT O'MARA: There
7 will be an immediate meeting of the Rules
8 Committee in Room 332.
9 The Senate will stand at ease.
10 (Whereupon, the Senate stood at ease
11 at 6:55 p.m.)
12 (Whereupon, the Senate reconvened at
13 7:21 p.m.)
14 SENATOR LIBOUS: Mr. President.
15 ACTING PRESIDENT GRIFFO: Senator
16 Libous.
17 SENATOR LIBOUS: Mr. President, can
18 we move to motions and resolutions for a second,
19 please.
20 ACTING PRESIDENT GRIFFO: On
21 motions and resolutions.
22 Senator Libous.
23 SENATOR LIBOUS: Mr. President, on
24 behalf of Senator LaValle, I'd like to call up
25 Senate Print 3907, recalled from the Assembly,
5434
1 which is now at the desk.
2 ACTING PRESIDENT GRIFFO: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number 545,
5 by Senator LaValle, Senate Print 3907, an act to
6 amend Chapter 84 of the Laws of 2002.
7 SENATOR LIBOUS: Mr. President, I
8 now move to reconsider the vote by which this
9 bill was passed.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll on reconsideration.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 SENATOR LIBOUS: Mr. President, I
15 now hand up the following amendments.
16 ACTING PRESIDENT GRIFFO: The
17 amendments are accepted.
18 Senator Libous.
19 SENATOR LIBOUS: Mr. President, I
20 have just been handed this, hot off the press.
21 On behalf of Senator Hannon, on page 39 I offer
22 the following amendments to Calendar Number 1216,
23 Senate Print 3201, and ask that said bill retain
24 its place on the Third Reading Calendar.
25 ACTING PRESIDENT GRIFFO: The
5435
1 amendments are received, and the bill shall
2 retain its place on third reading.
3 SENATOR LIBOUS: Mr. President, at
4 this time could we go to reports of standing
5 committees.
6 I believe there are two reports of
7 the Rules Committee at the desk. We need to read
8 the reports and then accept both reports, please.
9 ACTING PRESIDENT GRIFFO: Reports
10 of standing committees.
11 The Secretary will read the Rules
12 reports at the desk.
13 THE SECRETARY: Senator Skelos,
14 from the Committee on Rules, reports the
15 following bills:
16 Senate Print 271, by Senator Diaz,
17 an act to amend the Banking Law;
18 1368A, by Senator Dilan, an act to
19 amend the Family Court Act;
20 1759, by Senator LaValle, an act to
21 amend the Tax Law;
22 1883A, by Senator Flanagan, an act
23 to amend the Insurance Law;
24 3489A, by Senator Saland, an act to
25 amend the Public Officers Law;
5436
1 4712A, by Senator Ritchie, an act to
2 amend the Insurance Law;
3 5132C, by Senator Libous, an act to
4 amend the Vehicle and Traffic Law;
5 5317, by Senator Fuschillo, an act
6 to amend the General Business Law;
7 5563, by Senator Skelos, an act to
8 amend the Vehicle and Traffic Law;
9 5746, by Senator Savino, an act to
10 amend the Social Services Law;
11 5770, by Senator Dilan, an act to
12 amend the Public Authorities Law;
13 4443B, by Senator Lanza, an act to
14 amend the Criminal Procedure Law;
15 And Senate Print 5831, by Senator
16 Skelos, an act to amend Chapter 576 of the Laws
17 of 1974.
18 All bills ordered direct to third
19 reading.
20 ACTING PRESIDENT GRIFFO: Senator
21 Libous.
22 SENATOR LIBOUS: Mr. President, I
23 move to accept the reports of the Rules
24 Committee.
25 ACTING PRESIDENT GRIFFO: All in
5437
1 favor of accepting the reports of the Rules
2 Committee signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT GRIFFO: Opposed?
5 (No response.)
6 ACTING PRESIDENT GRIFFO: The
7 reports are accepted.
8 SENATOR LIBOUS: Mr. President, it
9 appears that we've done both of those reports of
10 the Rules Committee and accepted them.
11 ACTING PRESIDENT GRIFFO: Correct.
12 SENATOR LIBOUS: So now we can
13 move, posthaste, to Calendar Number 56D,
14 supplemental calendar, noncontroversial reading,
15 please.
16 ACTING PRESIDENT GRIFFO: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 1416, by Senator Diaz, Senate Print 271, an act
20 to amend the Banking Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
5438
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT GRIFFO: Announce
4 the results.
5 SENATOR LIBOUS: Mr. President, I
6 believe that they are waiting for the calendars
7 on this side. Do we have calendars over here, on
8 the other side?
9 Senator Duane, we apologize for
10 that. We're going to get you a calendar.
11 ACTING PRESIDENT GRIFFO: Just as a
12 point of information, we're on Calendar 1416,
13 Bill 271, by Senator Diaz. And we are on the
14 roll call.
15 (Pause.)
16 SENATOR LIBOUS: Mr. President, I
17 believe that everybody has a supplemental
18 calendar at this time.
19 ACTING PRESIDENT GRIFFO: I would
20 ask the Senate to please come to order so that we
21 can hear each other and the stenographer will be
22 able to hear the session.
23 SENATOR LIBOUS: Mr. President, if
24 you'd ask the Secretary to continue to read,
25 please. Thank you.
5439
1 ACTING PRESIDENT GRIFFO: We are on
2 the roll call, Senator Libous. We'll re-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: In relation to
9 Calendar Number 1417, Senator Dilan moves to
10 discharge, from the Committee on Rules, Assembly
11 Bill Number 3127A and substitute it for the
12 identical Senate Bill Number 1368A, Third Reading
13 Calendar 1417.
14 ACTING PRESIDENT GRIFFO:
15 Substitution so ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1417, by Member of the Assembly O'Donnell,
19 Assembly Print 3127A, an act to amend the Family
20 Court Act.
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
5440
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 1418, by Senator LaValle, Senate Print 1759, an
8 act to amend the 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, 61. Nays,
17 1. Senator Duane recorded in the negative.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1419, by Senator Flanagan, Senate Print --
22 SENATOR LIBOUS: Lay it aside for
23 the day.
24 ACTING PRESIDENT GRIFFO: The bill
25 is laid aside for the day.
5441
1 THE SECRETARY: In relation to
2 Calendar Number 1420, Senator Saland moves to
3 discharge, from the Committee on Rules, Assembly
4 Bill Number 289B and substitute it for the
5 identical Senate Bill Number 3489A, Third Reading
6 Calendar 1420.
7 ACTING PRESIDENT GRIFFO:
8 Substitution so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1420, by Member of the Assembly Lancman,
12 Assembly Print 289B, an act to amend the
13 Public Officers Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60. Nays,
22 2. Senators Hassell-Thompson and L. Krueger
23 recorded in the negative.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
5442
1 THE SECRETARY: Calendar Number
2 1421, by Senator Ritchie, Senate Print 4712A, an
3 act to amend the Insurance Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the 120th day.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60. Nays,
12 2. Senators Duane and Hassell-Thompson recorded
13 in the negative.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1422, by Senator Libous, Senate Print 5132C, an
18 act to amend the Vehicle and Traffic Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 180th day.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
5443
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1423, by Senator Fuschillo, Senate Print 5317, an
6 act to amend the General Business Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect --
11 SENATOR BRESLIN: Lay it aside.
12 SENATOR LIBOUS: Lay it aside for
13 the day, please.
14 ACTING PRESIDENT GRIFFO: Lay it
15 aside for the day.
16 THE SECRETARY: Calendar Number
17 1424, by Senator Skelos, Senate Print 5563, an
18 act to amend the Vehicle and Traffic Law.
19 ACTING PRESIDENT GRIFFO: There is
20 a home-rule message at the desk.
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
5444
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: In relation to
6 Calendar Number 1425, Senator Savino moves to
7 discharge, from the Committee on Rules, Assembly
8 Bill Number 8108A and substitute it for the
9 identical Senate Bill Number 5746, Third Reading
10 Calendar 1425.
11 ACTING PRESIDENT GRIFFO:
12 Substitution so ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1425, by Member of the Assembly Paulin, Assembly
16 Print 8108A, an act to amend the Social Services
17 Law.
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.
5445
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1426, by Senator Dilan, Senate Print 5770, an act
5 to amend the Public Authorities Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the same date and in the
10 same manner as a chapter of the Laws of 2011.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61. Nays,
15 1. Senator Ball recorded in the negative.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1427, by Senator Lanza, Senate Print 4443B, an
20 act to amend the Criminal Procedure 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
5446
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: In relation to
4 Calendar Number 1427, those recorded in the
5 negative are Senators Hassell-Thompson,
6 L. Krueger, Perkins, Rivera, and Squadron.
7 Ayes, 57. Nays, 5.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 That concludes the reading of the
11 D calendar, Senator Libous.
12 SENATOR LIBOUS: So that means 56E
13 would be coming up next, Mr. President?
14 ACTING PRESIDENT GRIFFO:
15 Excellent.
16 SENATOR LIBOUS: Could we please do
17 the noncontroversial reading.
18 ACTING PRESIDENT GRIFFO: The
19 Secretary will read Supplemental Calendar 56E,
20 noncontroversial.
21 THE SECRETARY: Calendar Number
22 1428, by Senator Skelos, Senate Print 5831, an
23 act to amend Chapter 576 of the Laws of 1974.
24 ACTING PRESIDENT GRIFFO: Senator
25 Libous.
5447
1 SENATOR LIBOUS: Is there a message
2 of necessity at the desk?
3 ACTING PRESIDENT GRIFFO: There is
4 a message of necessity at the desk.
5 SENATOR LIBOUS: Mr. President, I
6 move that we accept the message of necessity at
7 this time.
8 ACTING PRESIDENT GRIFFO: All in
9 favor of accepting the message of necessity from
10 the Governor signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT GRIFFO: Opposed?
13 (No response.)
14 ACTING PRESIDENT GRIFFO: The
15 message is accepted.
16 Read the last section.
17 THE SECRETARY: Section 7. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT GRIFFO: Senator
23 Espaillat to explain his vote.
24 SENATOR ESPAILLAT: Mr. President,
25 I would like to explain my vote. Thank you for
5448
1 giving me the opportunity.
2 This is the third opportunity that
3 we get to pass an extender on the rent laws this
4 legislative session. This is beginning to look
5 like the budget process last year when extender
6 after extender after extender proved the modus
7 operandi of this house and the Legislature.
8 2.5 million New Yorkers continue to
9 wait for a resolution of this very important
10 issue that will impact on the lives of their
11 families, and yet we continue to drag our feet.
12 And we are past the 15th and for the third time,
13 once again, we take on a bill to give us more
14 time to kick the can down the road.
15 So I stand here to cast a vote in
16 support of this, recognizing that the crisis
17 affecting housing in New York City continues,
18 that we should bring this to a resolve as quickly
19 as possible, and that rent regulations should not
20 only be extended but strengthened to provide the
21 protections that tenants across the State of
22 New York want and need.
23 Thank you, Mr. President.
24 ACTING PRESIDENT GRIFFO: Senator
25 Espaillat, how do you vote?
5449
1 SENATOR ESPAILLAT: I vote in the
2 affirmative.
3 ACTING PRESIDENT GRIFFO: Senator
4 Espaillat to be recorded in the affirmative.
5 Announce the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 Senator Libous, that completes the
10 reading of the E calendar.
11 SENATOR LIBOUS: Thank you,
12 Mr. President.
13 Is there any further business at the
14 desk at this time?
15 ACTING PRESIDENT GRIFFO: There is
16 no further business before the desk.
17 SENATOR LIBOUS: Mr. President, I
18 believe Senator Hassell-Thompson has an
19 announcement.
20 ACTING PRESIDENT GRIFFO: Senator
21 Hassell-Thompson.
22 SENATOR HASSELL-THOMPSON: Thank
23 you, Mr. President.
24 At 10:00 a.m. in the morning there
25 will be a Democratic conference in the Democratic
5450
1 Conference Room.
2 ACTING PRESIDENT GRIFFO: At
3 10:00 a.m. tomorrow morning, June 21st, there
4 will be a Democrat conference in the Democrat
5 Conference Room.
6 Senator Libous.
7 SENATOR LIBOUS: Mr. President --
8 I'll match that, Senator -- at 10:00 a.m. there
9 will be a Republican conference in the Republican
10 Conference Room.
11 ACTING PRESIDENT GRIFFO: At
12 10:00 a.m. there will be a Republican conference
13 in the Majority Conference Room.
14 SENATOR LIBOUS: And there being no
15 further business to come before the Senate this
16 evening, I move that we adjourn until Tuesday,
17 June 21st, at 11:00 a.m.
18 ACTING PRESIDENT GRIFFO: On
19 motion, the Senate stands adjourned until
20 Tuesday, June 21st, the summer solstice, at
21 11:00 a.m. Senate adjourned.
22 (Whereupon, at 7:35 p.m., the Senate
23 adjourned.)
24
25