Regular Session - March 6, 2012

                                                                   786

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 6, 2012

11                     3:20 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JACK MARTINS, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               787

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

 2               ACTING PRESIDENT MARTINS:   The 

 3  Senate will come to order.  

 4               And I ask everyone present to 

 5  please rise and repeat with me the Pledge of 

 6  Allegiance.  

 7               (Whereupon, the assemblage 

 8  recited the Pledge of Allegiance to the Flag.)

 9               ACTING PRESIDENT MARTINS:   In 

10  the absence of clergy, may we please bow our 

11  heads in a moment of silence.

12               (Whereupon, the assemblage 

13  respected a moment of silence.)

14               ACTING PRESIDENT MARTINS:   The 

15  reading of the Journal.

16               THE SECRETARY:   In Senate, 

17  Monday, March 5th, the Senate met pursuant to 

18  adjournment.  The Journal of Sunday, 

19  March 4th, was read and approved.  On motion, 

20  Senate adjourned.

21               ACTING PRESIDENT MARTINS:    

22  Without objection, the Journal stands approved 

23  as read.

24               Presentation of petitions.

25               Messages from the Assembly.

                                                               788

 1               The Secretary will read.

 2               THE SECRETARY:   On page 12, 

 3  Senator McDonald moves to discharge, from the 

 4  Committee on Local Government, Assembly Bill 

 5  Number 4326 and substitute it for the 

 6  identical Senate Bill Number 2460, Third 

 7  Reading Calendar 210.

 8               ACTING PRESIDENT MARTINS:   The 

 9  substitution is ordered.

10               Messages from the Governor.

11               Reports of standing committees.

12               The Secretary will read.

13               THE SECRETARY:   Senator 

14  DeFrancisco, from the Committee on Finance, 

15  reports the following nominations.

16               As Medicaid Inspector General, 

17  James C. Cox, of East Greenbush.

18               ACTING PRESIDENT MARTINS:    

19  Senator DeFrancisco.

20               SENATOR DeFRANCISCO:   Thank you, 

21  Mr. President.

22               I proudly rise to move the 

23  nomination of James C. Cox, of East Greenbush, 

24  as the Medicaid Inspector General.  

25               You know, I've said this, it's 

                                                               789

 1  almost like a broken record -- maybe I'll tape it 

 2  before the next nomination day -- that the 

 3  Governor has continuously provided us with 

 4  topnotch people who know government, want to 

 5  serve in government, have the experience that is 

 6  needed to perform the position to which the 

 7  Governor has nominated the nominee and, in this 

 8  case, has already been on the job demonstrating 

 9  that he will be a phenomenal appointment.  

10               One of the main issues last year -- 

11  well, two main issues on this particular 

12  nominee -- is that we all in this body want to 

13  make sure that we very strongly go after Medicaid 

14  fraud.  Because the Medicaid dollar is limited, 

15  and we've got to make sure those who truly need 

16  that help get that help and it's not taken away 

17  by people fraudulent milking the system.  

18               Well, this nominee, James Cox, has 

19  the experience with the federal government in 

20  doing just that.  He's already charged ahead in 

21  that regard.  

22               The second issue has been to make 

23  sure that those who are investigated have due 

24  process rights and are treated fairly during the 

25  course of the investigation.  

                                                               790

 1               We passed a bill here last year, 

 2  the Governor vetoed it and promised that he would 

 3  get together with his Medicaid Inspector General, 

 4  with the providers, to make sure that there is a 

 5  good, solid due process behind the 

 6  investigations.  And that has already begun.  And 

 7  we questioned Mr. Cox about that in our Finance 

 8  meeting.  

 9               So the Governor has done what he 

10  said he was going to do.  He's appointed someone, 

11  again, who is an outstanding candidate, and I am 

12  proud to move his nomination.  

13               Thank you, Mr. President.  

14               ACTING PRESIDENT MARTINS:   Thank 

15  you, Senator DeFrancisco.

16               Senator Hannon.

17               SENATOR HANNON:   Thank you, 

18  Mr. President.  I rise to back the advancement of 

19  Mr. Cox to be nominated to be the Medicaid 

20  Inspector General.

21               As an original sponsor of the 

22  office of the Medicaid Inspector General, and as 

23  someone who has dealt with both the positive and 

24  negative aspects of the office over the past few 

25  years, I've been delighted to, after meeting 

                                                               791

 1  several times with Mr. Cox, to find out that he 

 2  has vast experience in the field of oversight of 

 3  people providing health services.  

 4               He served in the Office of 

 5  Inspector General and was the Regional Inspector 

 6  General for the U.S. Department of Health and 

 7  Human Services.  In fact, at one point during his 

 8  career he was teaching other auditors for the 

 9  nation in regard to this.

10               That being said, when he came 

11  before the Health Committee he talked about a 

12  balance, a balance of making sure that we are 

13  scrupulous about going after Medicaid fraud in 

14  this state and, as Senator DeFrancisco said, 

15  about being fair in regard to what is happening 

16  during the course of going after people who are 

17  suspected of Medicaid fraud.

18               And of course the Office of 

19  Inspector General doesn't do the fraud 

20  prosecution because the statute clearly says that 

21  should be referred to the Medicaid Fraud Unit of 

22  the Attorney General.

23               That being said, he is 

24  extraordinarily well qualified.  He has a large 

25  challenge ahead because the budget this year 

                                                               792

 1  proposes pretty much the same type of target 

 2  recoveries as it did last year, which means that 

 3  there will be a little bit of angst in the course 

 4  of him doing a good job.  

 5               And with that, I would like to 

 6  commend him to this body.  Thank you.

 7               ACTING PRESIDENT MARTINS:   Thank 

 8  you very much, Senator Hannon.

 9               Anyone else wishing to be heard?

10               Seeing no one, the question is on 

11  the nomination of James C. Cox as Medicaid 

12  Inspector General.  All in favor signify by 

13  saying aye.

14               (Response of "Aye.")

15               ACTING PRESIDENT MARTINS:    

16  Opposed, nay.

17               (No response.)

18               ACTING PRESIDENT MARTINS:   The 

19  ayes have it.  James C. Cox is hereby confirmed 

20  as Medicaid Inspector General.

21               Mr. Cox, congratulations.

22               (Applause.)

23               ACTING PRESIDENT MARTINS:   Mr. Cox 

24  is joined here this afternoon by his wife, Dawn, 

25  and his daughter Ashley.  

                                                               793

 1               Thank you very much for joining 

 2  us.  Congratulations, Godspeed to all of you, and 

 3  we're looking forward to great things from you as 

 4  well.  Thank you, Mr. Cox.

 5               The Secretary will read.

 6               THE SECRETARY:   As member of the 

 7  Battery Park City Authority, Martha J. Gallo, of 

 8  New York.

 9               And as members of the New York 

10  State Council on the Arts, Amy Cappellazzo, of 

11  New York City, and Robert Colacello, of 

12  East Hampton.

13               ACTING PRESIDENT MARTINS:   Senator 

14  DeFrancisco.

15               SENATOR DeFRANCISCO:   I move the 

16  nominations.

17               ACTING PRESIDENT MARTINS:   Thank 

18  you.  

19               Senator Squadron.

20               SENATOR SQUADRON:   Thank you, 

21  Mr. President.  

22               I rise in support of Martha Gallo 

23  as an appointment to the Battery Park City 

24  Authority.  

25               Down in Battery Park City, which is 

                                                               794

 1  a state authority that oversees one of the great 

 2  thriving neighborhoods in our state, on the 

 3  southern tip of Manhattan, a neighborhood that 

 4  has been built literally from the river over the 

 5  last 40 years and has rebuilt itself in a way no 

 6  one thought imaginable 10 years ago after 

 7  September 11, 2001 -- it's a neighborhood that I 

 8  am proud to represent and a neighborhood in 

 9  which, though it is controlled by a state 

10  authority, there has been a push for many years 

11  to increase the local representation on the board 

12  of the Battery Park City Authority.  

13               Martha Gallo has been involved in 

14  the civic affairs of Batter Park City.  She has 

15  been a community leader.  She also has experience 

16  in finance and municipal finance, which are 

17  important qualities on the board of the Battery 

18  Park City Authority.  And her appointment by the 

19  Governor is one that I want to really hail and 

20  thank the Governor for.  

21               Along with Speaker Silver, who also 

22  represents Battery Park City, we have been 

23  pushing, with the community support, for 

24  increased local representation.  Martha Gallo is 

25  an important step.  

                                                               795

 1               Now, I'd like to see more.  Just 

 2  one local activist on the Battery Park City 

 3  Authority Board when you have this existing 

 4  vibrant neighborhood isn't sufficient, but it is 

 5  an important step in the right direction.  

 6               Martha will be great.  The Governor 

 7  deserves a great deal of credit for this 

 8  appointment, and I thank him.  And in the 

 9  community we look forward to having her on the 

10  board.  

11               Thank you, Mr. President.

12               ACTING PRESIDENT MARTINS:   Thank 

13  you, Senator Squadron.  

14               The question is on the nominations 

15  of Martha J. Gallo as a member of the Battery 

16  Park City Authority; Amy Cappellazzo, as a member 

17  of the New York State Council on the Arts; and 

18  Robert Colacello, as a member of the New York 

19  State Council on the Arts.  All in favor please 

20  signify by saying aye.

21               (Response of "Aye.")

22               ACTING PRESIDENT MARTINS:    

23  Opposed, nay.

24               (No response.)

25               ACTING PRESIDENT MARTINS:   The 

                                                               796

 1  ayes have it.  The nominations are confirmed.  

 2               Congratulations to Martha Gallo, 

 3  Amy Cappellazzo, and Robert Colacello.

 4               Reports of select committees.

 5               Communications and reports from 

 6  state officers.

 7               Motions and resolutions.

 8               Senator Libous.

 9               SENATOR LIBOUS:   Mr. President, we 

10  have an announcement, I believe, by Senator 

11  Farley at this time.

12               ACTING PRESIDENT MARTINS:   Senator 

13  Farley.

14               SENATOR FARLEY:   Thank you very 

15  much, Mr. President.  

16               This is quite a thrill for me to 

17  say that we have the people from WGNA and 

18  Blue Friday, an operation that recognizes 

19  law enforcement officers that have been killed in 

20  the line of duty, and their families, and also 

21  law enforcement officers that serve today.

22               Now, on Friday, March 9th -- that's 

23  this Friday --  from 5:30 a.m. to 10:30, WGNA, 

24  DeNooyer Chevrolet, and Blue Friday of New York 

25  will be taking donations for a blue carnation for 

                                                               797

 1  Blue Friday and selling t-shirts at DeNooyer 

 2  Chevrolet and Pizzeria Uno in Wilton.  Over 25 

 3  agencies will be represented at the two 

 4  franchises, and all proceeds will go directly to 

 5  Blue Friday.  

 6               It's a wonderful way to show 

 7  support for this wonderful organization, 

 8  Blue Friday New York, which serves the families 

 9  of our dedicated police officers who were 

10  tragically killed in the line of duty.  

11               And today we have in the gallery 

12  some very important people:  The operations 

13  manager of my favorite station, Tom Jacobsen, and 

14  the WGNA morning hosts, the nationally recognized 

15  Richie Phillips and Sean McMaster -- both are my 

16  buddies, incidentally.  

17               And we also have with us 

18  Blue Friday New York President Patrick Fox, a 

19  retired Albany police officer, and Vice President 

20  Lou Somma, retired from the Saratoga County 

21  Sheriff's Department, and Director Tom McGraw, a 

22  detective with the Albany Police Department.

23               And we're delighted to have them in 

24  the gallery and to celebrate Blue Friday, which 

25  is this Friday.  And I ask, Mr. President, if you 

                                                               798

 1  would recognize them in the gallery up here.

 2               ACTING PRESIDENT MARTINS:    

 3  Gentlemen, congratulations.  Thank you very much 

 4  for being here.

 5               (Applause.)

 6               ACTING PRESIDENT MARTINS:   We 

 7  extend to you the courtesies of the house.  Thank 

 8  you.

 9               Senator Libous.

10               SENATOR LIBOUS:   Mr. President, 

11  could you call on Senator Young for the purposes 

12  of an announcement.

13               ACTING PRESIDENT MARTINS:   Senator 

14  Young.

15               SENATOR YOUNG:   Thank you, 

16  Mr. President.

17               It's been an incredibly busy day 

18  here at the Capitol.  There's so many groups here 

19  from across the state who are visiting us to put 

20  forward their very important issues.  

21               But I do want to draw attention to 

22  two groups in particular, because they are 

23  celebrating 35 years of success.  And those two 

24  group are the Rural Preservation Program and the 

25  Neighborhood Preservation Program, and they are 

                                                               799

 1  celebrating their anniversary.  They provide, as 

 2  we know, critical services in our communities 

 3  across the state.  

 4               So we're very, very happy to have 

 5  them with us today.  And I wanted to let all of 

 6  my colleagues know that we will be passing a 

 7  resolution in honor of their 35th anniversary, 

 8  and I would invite all of my colleagues who want 

 9  to join in to join in on the resolution so that 

10  we all can show our support from the New York 

11  State Senate.

12               Thank you, Mr. President.

13               ACTING PRESIDENT MARTINS:   Thank 

14  you, Senator Young.

15               Senator Libous.

16               SENATOR LIBOUS:   Mr. President, at 

17  this time Senator Perkins should be called on for 

18  the purposes of an announcement.

19               ACTING PRESIDENT MARTINS:   Thank 

20  you.  

21               Senator Perkins.

22               SENATOR PERKINS:   Thank you very 

23  much, Mr. President.  

24               I just wanted to take a brief 

25  moment to acknowledge some guests that we have 

                                                               800

 1  amongst us today.  They call themselves DREAMers, 

 2  and they are here, 250 strong, to get the 

 3  opportunity to speak to our colleagues not only 

 4  on the Senate side but also in the Assembly.  

 5               They're young people who have these 

 6  great aspirations to live up to the American 

 7  dream of a quality education and to advocate that 

 8  the DREAM Act, that I'm sponsoring here and that 

 9  Guillermo Linares is sponsoring in the Assembly, 

10  be passed and that they be given the opportunity 

11  to get a quality university education.

12               They are, again, 250 strong, of 

13  approximately 5,000 that are part of our great 

14  state.  And I just wanted to acknowledge them and 

15  praise them for their vision and for their 

16  diligence in fighting an uphill battle with a 

17  faith that can only result in victory on their 

18  behalf.  

19               So thank you very much for the 

20  opportunity to recognize them for being with us 

21  today, and we look forward to fulfilling their 

22  dreams as we pursue the voting and recommending 

23  this legislation to the Governor for his 

24  signature.

25               ACTING PRESIDENT MARTINS:   Thank 

                                                               801

 1  you, Senator Perkins.  

 2               And thank you all for coming 

 3  today.  It really is great to see you here, and 

 4  congratulations.  Senator Perkins, thank you for 

 5  that statement.

 6               Senator Libous.

 7               SENATOR LIBOUS:   Thank you, 

 8  Mr. President.

 9               I believe that completes our 

10  announcements, and we'll now have the reading of 

11  the noncontroversial calendar.

12               ACTING PRESIDENT MARTINS:   The 

13  Secretary will read.

14               THE SECRETARY:   Calendar Number 

15  210, substituted earlier today by Member of the 

16  Assembly Jordan, Assembly Print 4326, an act to 

17  provide for the creation of the Stephentown 

18  Memorial Library District.

19               ACTING PRESIDENT MARTINS:   Read 

20  the last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT MARTINS:   Call 

24  the roll.

25               (The Secretary called the roll.)

                                                               802

 1               ACTING PRESIDENT MARTINS:   

 2  Announce the results.

 3               THE SECRETARY:   In relation to 

 4  Calendar Number 210:  Ayes, 56.  Nays, 1.  

 5  Senator Ball recorded in the negative.

 6               ACTING PRESIDENT MARTINS:   The 

 7  bill is passed.

 8               THE SECRETARY:   Calendar Number 

 9  216, by Senator Larkin, Senate Print 4676, an act 

10  to remove from the Albert Wisner Memorial 

11  Library.

12               ACTING PRESIDENT MARTINS:   Read 

13  the last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect on the first of July.

16               ACTING PRESIDENT MARTINS:   Call 

17  the roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 57.

20               ACTING PRESIDENT MARTINS:   The 

21  bill is passed.

22               THE SECRETARY:   Calendar Number 

23  224, by Senator Lanza, Senate Print 6219, an act 

24  to amend Chapter 306 of the Laws of 2011.

25               ACTING PRESIDENT MARTINS:   Read 

                                                               803

 1  the last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT MARTINS:   Call 

 5  the roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 57.

 8               ACTING PRESIDENT MARTINS:   The 

 9  bill is passed.

10               THE SECRETARY:   Calendar Number 

11  234, by Senator Martins, Senate Print 6483, an 

12  act to amend the Local Finance Law.

13               ACTING PRESIDENT MARTINS:   Read 

14  the last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT MARTINS:   Call 

18  the roll.

19               (The Secretary called the roll.)

20               ACTING PRESIDENT MARTINS:   Senator 

21  Krueger to explain her vote.

22               SENATOR KRUEGER:   Thank you very 

23  much, Mr. President.  

24               I understand the intention of the 

25  bill, but I want to go on record that it does add 

                                                               804

 1  some risk for the process of bringing bonds to 

 2  the market.  And that at least I have been 

 3  advised that there are some ways for New York 

 4  State to deal with this issue rather than 

 5  dropping the requirement as we currently have it 

 6  under law.  

 7               So while I would be certainly open 

 8  to changing my vote if in fact negotiations took 

 9  place that made some changes in the bill, at this 

10  point in time I am voting no.  

11               Thank you very much.

12               ACTING PRESIDENT MARTINS:   Senator 

13  Krueger will be recorded in the negative.  Thank 

14  you, Senator Krueger.  

15               Announce the results.

16               THE SECRETARY:   Ayes, 56.  Nays, 

17  1.  Senator Krueger recorded in the negative.

18               ACTING PRESIDENT MARTINS:   The 

19  bill is passed.

20               THE SECRETARY:   Calendar Number 

21  236, by Senator Hannon, Senate Print 3672, an act 

22  to amend the Public Health Law.

23               ACTING PRESIDENT MARTINS:   Read 

24  the last section.

25               THE SECRETARY:   Section 6.  This 

                                                               805

 1  act shall take effect immediately.

 2               ACTING PRESIDENT MARTINS:   Call 

 3  the roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 57.

 6               ACTING PRESIDENT MARTINS:   The 

 7  bill is passed.

 8               THE SECRETARY:   Calendar Number 

 9  237, by Senator Alesi, Senate Print 4055A, an act 

10  to amend the Public Health Law.

11               ACTING PRESIDENT MARTINS:   Read 

12  the last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect one year after it shall 

15  have become law.

16               ACTING PRESIDENT MARTINS:   Call 

17  the roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 57.

20               ACTING PRESIDENT MARTINS:   The 

21  bill is passed.

22               THE SECRETARY:   Calendar Number 

23  238, by Senator Gallivan, Senate Print --

24               SENATOR LIBOUS:   Lay the bill 

25  aside for the day.

                                                               806

 1               ACTING PRESIDENT MARTINS:   The 

 2  bill is laid aside for the day.

 3               THE SECRETARY:   Calendar Number 

 4  239, by Senator Ball, Senate Print 6305, an act 

 5  to amend the Public Health Law.

 6               ACTING PRESIDENT MARTINS:   Read 

 7  the last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT MARTINS:   Call 

11  the roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 58.

14               ACTING PRESIDENT MARTINS:   The 

15  bill is passed.

16               THE SECRETARY:   Calendar Number 

17  244, by Senator Larkin, Senate Print 1506, an act 

18  to amend the Highway Law.

19               ACTING PRESIDENT MARTINS:   Read 

20  the last section.

21               THE SECRETARY:   Section 3.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT MARTINS:   Call 

24  the roll.

25               (The Secretary called the roll.)

                                                               807

 1               ACTING PRESIDENT MARTINS:   Senator 

 2  Larkin to explain his vote.

 3               SENATOR LARKIN:   Thank you, 

 4  Mr. President.

 5               Once again I rise to ask my 

 6  colleagues on the other side and on this side, if 

 7  you know anybody on the other side that's 

 8  concerned about honesty, decency, respect for 

 9  others -- we've passed this bill for General 

10  Petraeus the last four years.  

11               The President of the United States 

12  thought greatly of this gentleman to ask him to 

13  do the surge in Iraq and Afghanistan.  He just 

14  asked him to be the CIA director.  It would seem 

15  to me if the President of the United States 

16  thinks he's a distinguished and competent 

17  individual, we in the State of New York -- we, 

18  the Senate, unanimously have passed this to 

19  designate this highway.  Our villages, our towns, 

20  and our county have all asked for it.  

21               And it gets blocked again in the 

22  New York State Assembly.  Rationale, I don't 

23  know.  The chairman of the committee won't return 

24  my calls.  His staff's answer is he's too busy.  

25               General Petraeus has been busy for 

                                                               808

 1  37 years serving our country, and now he's got 

 2  one of the highest jobs in the cabinet of 

 3  President Obama.  Designating this road for 

 4  General Petraeus, an area which he just didn't 

 5  invent -- he was born there, went to grammar 

 6  school there, went to high school.  And at the 

 7  end of this road is where he went to the United 

 8  States Military Academy, becoming a distinguished 

 9  graduate.  

10               Thirty-seven years of service to 

11  his country, four-star general, one of the most 

12  decorated officers we've ever had in our 

13  country.  Lauded by foreign governments from A to 

14  Z.  And all we're asking for is a little 

15  cooperation from the other house to name this 

16  road in honor of a distinguished American.

17               I thank you in this chamber for the 

18  support you have given to this bill for the past 

19  four years, and I ask that it once again be a 

20  unanimous vote.  And would you mind, please, 

21  calling somebody you know in the other house and 

22  saying, "Wake up.  If he's good enough for the 

23  president, he ought to be good enough for us."

24               Thank you.

25               ACTING PRESIDENT MARTINS:   Thank 

                                                               809

 1  you, Senator Larkin.

 2               Announce the results.

 3               THE SECRETARY:   Ayes, 58.

 4               ACTING PRESIDENT MARTINS:   The 

 5  bill is passed.

 6               THE SECRETARY:   Calendar Number 

 7  245, by Senator Libous, Senate Print 2751A, an 

 8  act to amend the Highway Law.

 9               ACTING PRESIDENT MARTINS:   Read 

10  the last section.

11               THE SECRETARY:   Section 3.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT MARTINS:   Call 

14  the roll.

15               (The Secretary called the roll.)

16               ACTING PRESIDENT MARTINS:   Senator 

17  Libous to explain his vote.

18               SENATOR LIBOUS:   Mr. President, I 

19  stand with my colleague Senator Larkin.  

20               This bill has passed the Senate 

21  probably seven, eight times.  And for whatever 

22  reason, someone in the Assembly doesn't like 

23  Ronald Reagan, and I'm very dismayed by that.  

24               But this is changing the Ronald 

25  Reagan Highway in Tioga County, which I 

                                                               810

 1  represent.  My Assembly colleague who represents 

 2  the area can't get the bill out of committee.  

 3  It's pretty pathetic.  Actually, it's very 

 4  pathetic.  

 5               This is something in our district.  

 6  I think if the Legislature -- and certainly I 

 7  would think that everybody in this house would 

 8  agree with me, if there's something as simple as 

 9  this that the people want and it can't get out of 

10  the committee in the Assembly, it's pathetic.

11               ACTING PRESIDENT MARTINS:   Thank 

12  you, Senator Libous.

13               Announce the results.

14               THE SECRETARY:   In relation to 

15  Calendar Number 245, those recorded in the 

16  negative are Senators Adams, Krueger, Parker and 

17  Rivera.  

18               Ayes, 54.  Nays, 4.

19               ACTING PRESIDENT MARTINS:   The 

20  bill is passed.

21               THE SECRETARY:   Calendar Number 

22  248, by Senator Young, Senate Print 5060B, an act 

23  to amend the Highway Law.

24               ACTING PRESIDENT MARTINS:   Read 

25  the last section.

                                                               811

 1               THE SECRETARY:   Section 3.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT MARTINS:   Call 

 4  the roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 58.

 7               ACTING PRESIDENT MARTINS:   The 

 8  bill is passed.

 9               THE SECRETARY:   Calendar Number 

10  249, by Senator Libous, Senate Print 5132C, an 

11  act to amend the Vehicle and Traffic Law.

12               ACTING PRESIDENT MARTINS:   Read 

13  the last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect on the 180th day.

16               ACTING PRESIDENT MARTINS:   Call 

17  the roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 58.

20               ACTING PRESIDENT MARTINS:   The 

21  bill is passed.

22               THE SECRETARY:   Calendar Number 

23  250, by Senator Skelos, Senate Print 5563, an act 

24  to amend the Vehicle and Traffic Law.

25               ACTING PRESIDENT MARTINS:   There 

                                                               812

 1  is a home-rule message at the desk.

 2               Read the last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT MARTINS:   Call 

 6  the roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 58.

 9               ACTING PRESIDENT MARTINS:   The 

10  bill is passed.

11               THE SECRETARY:   Calendar Number 

12  251, by Senator Farley, Senate Print 5765, an act 

13  relating to permitting.

14               ACTING PRESIDENT MARTINS:   Read 

15  the last section.

16               THE SECRETARY:   Section 2.  This 

17  act shall take effect immediately.

18               ACTING PRESIDENT MARTINS:   Call 

19  the roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 58.

22               ACTING PRESIDENT MARTINS:   The 

23  bill is passed.

24               THE SECRETARY:   Calendar Number 

25  252, by Senator Grisanti, Senate Print 6323, an 

                                                               813

 1  act to amend the Highway Law.

 2               ACTING PRESIDENT MARTINS:   Read 

 3  the last section.

 4               THE SECRETARY:   Section 3.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT MARTINS:   Call 

 7  the roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 58.

10               ACTING PRESIDENT MARTINS:   The 

11  bill is passed.

12               THE SECRETARY:   Calendar Number 

13  258, by Senator Gallivan, Senate Print 5493A, an 

14  act to amend the Social Services Law.

15               ACTING PRESIDENT MARTINS:   Read 

16  the last section.

17               THE SECRETARY:   Section 2.  This 

18  act shall take effect immediately.

19               ACTING PRESIDENT MARTINS:   Call 

20  the roll.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 56.  Nays, 

23  2.  Senators Duane and Krueger recorded in the 

24  negative.

25               ACTING PRESIDENT MARTINS:   The 

                                                               814

 1  bill is passed.

 2               Senator Libous, that completes the 

 3  reading of the noncontroversial calendar.

 4               SENATOR LIBOUS:   Mr. President, is 

 5  there any further business at this time at the 

 6  desk?  

 7               ACTING PRESIDENT MARTINS:   No, 

 8  there is none.

 9               SENATOR LIBOUS:   If there's no 

10  further business at the desk, I would ask that 

11  you call on Senator Breslin at this time.

12               ACTING PRESIDENT MARTINS:   Senator 

13  Breslin.

14               SENATOR BRESLIN:   Thank you, 

15  Mr. President.

16               This is a very important day in the 

17  State Senate.  We've passed legislation in this 

18  house for the General Petraeus Highway, passed 

19  legislation for the Ronald Reagan Highway.  And 

20  it also happens to be, thirdly, the birthday of 

21  Senator Kevin Parker.

22               (Laughter.)

23               SENATOR BRESLIN:   So I would like 

24  to applaud his birthday on this day.

25               ACTING PRESIDENT MARTINS:   Senator 

                                                               815

 1  Parker, happy birthday.  Many more.

 2               (Applause.)

 3               ACTING PRESIDENT MARTINS:   Senator 

 4  Libous.

 5               SENATOR LIBOUS:   Thank you, 

 6  Mr. President.  

 7               As we close out this session on 

 8  Senator Parker's birthday, there being no further 

 9  business at the desk, I move that we adjourn 

10  until March 7th at 11:00 a.m.

11               ACTING PRESIDENT MARTINS:   On 

12  motion, the Senate stands adjourned until 

13  March 7th, 11:00 a.m.

14               (Whereupon, at 3:48 p.m., the Senate 

15  adjourned.)

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