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

20  

21  

22  

23  

24  

25  

                                                               5253

 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