Regular Session - May 14, 2012

                                                                   2883

 1              NEW YORK STATE SENATE

 2                        

 3                        

 4             THE STENOGRAPHIC RECORD

 5                        

 6                        

 7                        

 8                        

 9                ALBANY, NEW YORK

10                  May 14, 2012

11                    3:54 p.m.

12                        

13                        

14                 REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH E. ROBACH, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               2884

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

 2               ACTING PRESIDENT ROBACH:   The 

 3  Senate will come to order.  

 4               I ask everyone present to please 

 5  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 ROBACH:   Our 

10  prayer today will be by the Reverend Peter G. 

11  Young, of Mother Teresa Community Church here 

12  in Albany.

13               REVEREND YOUNG:   Let us pray.  

14               On this day of togetherness with 

15  all countries, God, You never fail to provide 

16  our New York State citizens with dedicated 

17  Senators.  

18               May God pour forth this blessing 

19  on our legislators and provide them with the 

20  spirit of courage to accept the many demands 

21  of their elected office.  

22               As Senators, we report on this 

23  day of the session bell that calls us to hear 

24  one another for the benefit of our New York 

25  State constituents.

                                                               2885

 1               This invocation calls us to be 

 2  true, to be the best that we can, so that we 

 3  might become as a legislative leader.  We need to 

 4  heed the call of our own hearts with compassion 

 5  and with dignity.  

 6               Amen.

 7               ACTING PRESIDENT ROBACH:   Thank 

 8  you, Father.

 9               Reading of the Journal.

10               THE SECRETARY:   In Senate, Sunday, 

11  May 13th, the Senate met pursuant to adjournment.  

12  The Journal of Saturday, May 12th, was read and 

13  approved.  On motion, Senate adjourned.

14               ACTING PRESIDENT ROBACH:   Without 

15  objection, the Journal stands approved as read.

16               Presentation of petitions.  

17               Messages from the Assembly.

18               Messages from the Governor.

19               Reports of standing committees.

20               Reports of select committees.

21               Communications and reports from 

22  state officers.

23               Motions and resolutions.

24               Senator Hannon.

25               SENATOR HANNON:   Mr. President, 

                                                               2886

 1  would you recognize Senator Breslin.

 2               ACTING PRESIDENT ROBACH:   

 3  Senator Breslin.

 4               SENATOR BRESLIN:   Thank you, 

 5  Mr. President.  

 6               On behalf of Senator Krueger, I 

 7  move to recommit Senate Print Number 885, 

 8  Calendar Number 639, to the Committee on 

 9  Codes, with instructions to strike the 

10  enacting clause.

11               ACTING PRESIDENT ROBACH:   So 

12  ordered.

13               SENATOR BRESLIN:   Thank you, 

14  Mr. President.

15               ACTING PRESIDENT ROBACH:   Thank 

16  you, Senator Breslin.

17               Senator Hannon.

18               SENATOR HANNON:   Mr. President, 

19  would you recognize Senator Valesky.

20               ACTING PRESIDENT ROBACH:    

21  Senator Valesky.  

22               SENATOR VALESKY:   Thank you.  

23               Mr. President, I move to recommit 

24  Senate Print 4331A, Calendar Number 691 on the 

25  order of third reading, to the Committee on 

                                                               2887

 1  Local Government, with instructions to said 

 2  committee to strike the enacting clause.  That's 

 3  on behalf of Senator Carlucci.  

 4               ACTING PRESIDENT ROBACH:   So 

 5  ordered.

 6               Senator Hannon.

 7               SENATOR HANNON:   Mr. President, we 

 8  have a number of items of housekeeping.

 9               ACTING PRESIDENT ROBACH:    

10  Continue.

11               SENATOR HANNON:   On page 9, I 

12  offer the following amendments to Calendar Number 

13  64, Senate Print 4717A, and ask that said bill 

14  retain its place on the Third Reading Calendar.

15               ACTING PRESIDENT ROBACH:   The 

16  amendments are received, and the bill will retain 

17  its place on the Third Reading Calendar.

18               SENATOR HANNON:   Next, on page 12, 

19  the following amendments are offered to Calendar 

20  Number 212, Senate Print 4285A, and I ask that 

21  said bill retain its place on the Third Reading 

22  Calendar.

23               ACTING PRESIDENT ROBACH:   The 

24  amendments are received, and the bill will retain 

25  its place on the Third Reading Calendar.

                                                               2888

 1               SENATOR HANNON:   Mr. President, on 

 2  page number 32 I offer the following amendments 

 3  to Calendar Number 665, Senate Print 3093, and 

 4  ask that said bill retain its place on the Third 

 5  Reading Calendar.

 6               ACTING PRESIDENT ROBACH:   The 

 7  amendments are received, and the bill will retain 

 8  its place on the Third Reading Calendar.

 9               SENATOR HANNON:   Mr. President, on 

10  page number 35 I offer the following amendments 

11  to Calendar Number 702, Senate Print 6788, and 

12  ask that said bill retain its place on the Third 

13  Reading Calendar.

14               ACTING PRESIDENT ROBACH:   The 

15  amendments are received, and the bill will retain 

16  its place on the Third Reading Calendar.

17               SENATOR HANNON:   Mr. President, on 

18  page 26 I offer the following amendments to 

19  Calendar Number 569, Senate Print 6810, and ask 

20  that said bill retain its place on the Third 

21  Reading Calendar.

22               ACTING PRESIDENT ROBACH:   The 

23  amendments are received, and the bill will retain 

24  its place on the Third Reading Calendar.

25               SENATOR HANNON:   Mr. President, I 

                                                               2889

 1  have a motion to amend a bill recalled from the 

 2  Assembly, on behalf of Senator Griffo.

 3               ACTING PRESIDENT ROBACH:   The 

 4  Secretary will read.

 5               THE SECRETARY:   Calendar Number 

 6  73, by Senator Griffo, Senate Print 5019B, an act 

 7  to amend the Public Authorities Law.

 8               SENATOR HANNON:   Mr. President, I 

 9  now move to reconsider the vote by which this 

10  bill passed.

11               ACTING PRESIDENT ROBACH:   The 

12  Secretary will call the roll on reconsideration.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 56.

15               SENATOR HANNON:   I now offer the 

16  following amendments.

17               ACTING PRESIDENT ROBACH:    

18  Amendments received.

19               Senator Hannon.

20               SENATOR HANNON:   Mr. President, 

21  there's a resolution at the desk by Senator 

22  DeFrancisco, Resolution 4312.  It was previously 

23  adopted by the house on May 1st.  May we have the 

24  title read, and would you please call on 

25  Senator DeFrancisco.

                                                               2890

 1               ACTING PRESIDENT ROBACH:   The 

 2  Secretary will read.

 3               THE SECRETARY:   Legislative 

 4  Resolution Number 4312, by Senator DeFrancisco, 

 5  honoring Jeff Peneston upon the occasion of his 

 6  designation as recipient of The Horace Mann Award 

 7  for Teaching Excellence.

 8               ACTING PRESIDENT ROBACH:   Senator 

 9  DeFrancisco.

10               SENATOR DeFRANCISCO:   Thank you, 

11  Mr. President.

12               This resolution actually previously 

13  passed, but today we're honored to have Jeff 

14  Peneston and his family here today, near the 

15  clock, to honor him on his incredible 

16  achievement.  

17               This Horace Mann Award for Teaching 

18  Excellence is only given to five people 

19  throughout the country.  That's five people 

20  throughout the country.  

21               And he's been teaching at Liverpool 

22  High School for 25 years, I believe.  And he 

23  currently teaches earth science, one of my least 

24  favorite subjects as I was going through high 

25  school.  However, he's been able to motivate so 

                                                               2891

 1  many different students in science and technology 

 2  that it's really wonderful to see somebody that 

 3  can communicate with young people and make these 

 4  subjects extremely interesting and to move them 

 5  further in their academic careers.

 6               It's also interesting to note a 

 7  couple of other things.  We all know how 

 8  important teachers are in a community.  This 

 9  individual is not only doing great things in the 

10  classroom, but he has community involvement as 

11  well.  He's served as a summer program director 

12  and natural history educator director for Camp 

13  Natoli -- Natooli?  Tatooli?  Talooli.  Talooli, 

14  like -- in Pennellville.  

15               And he's had leadership roles in 

16  the American Camp Association, a course in drama 

17  organization, marching band, color board, booster 

18  groups, et cetera, et cetera, et cetera.  

19               And this isn't his first honor.  

20  Last year he won the New York State Teacher of 

21  the Year award.  And he's got many teaching 

22  awards at the local level.  

23               So we always have to give thanks to 

24  all of our teachers, but today we have a very, 

25  very special teacher here today, the winner of 

                                                               2892

 1  the Horace Mann Award for Teaching Excellence, 

 2  Jeff Peneston.

 3               ACTING PRESIDENT ROBACH:   Thank 

 4  you.  

 5               On behalf of Senator DeFrancisco 

 6  and the entire Senate, Mr. Peneston, 

 7  congratulations on your award.  Thank you for all 

 8  you do for the students.  And we welcome you and 

 9  your family here on your visit to the chamber.  

10  Thank you.

11               (Applause.)

12               SENATOR HANNON:   Mr. President.  

13               ACTING PRESIDENT ROBACH:   Senator 

14  Hannon.

15               SENATOR HANNON:   Mr. President, 

16  would you be so kind as to recognize Senator 

17  Young.

18               ACTING PRESIDENT ROBACH:   Senator 

19  Young.

20               SENATOR YOUNG:   Thank you, 

21  Mr. President.

22               It truly is a pleasure today to 

23  introduce a very fine young woman from my 

24  district, and that's Ms. Emillie Luce, who is the 

25  Miss World of Beauty 2011.  

                                                               2893

 1               She's a junior at SUNY Brockport 

 2  majoring in adapted physical education.  She 

 3  wants to be a guidance counselor.  She chose her 

 4  path of her career choice after being a 

 5  one-on-one teacher's aide for Cattaraugus- 

 6  Allegany BOCES this past summer, and she was 

 7  really and truly inspired by the progress of a 

 8  young boy she helped throughout the summer.  

 9               She's the daughter of Richard and 

10  Lynne Luce of Cattaraugus; that's a beautiful 

11  little village in Cattaraugus County.  And Mom is 

12  here today, so we welcome her also.  She's the 

13  youngest of six children, and she also spends 

14  time with family and friends, including 11 nieces 

15  and nephews.  She cheers for Number 9, Mark 

16  Steenhuis of the Buffalo Bandits lacrosse team.  

17               And she started pageants in 2007.  

18  She was crowned Miss Teenager 2007 at the 

19  Cattaraugus County Fair, and I think that's where 

20  I've met her in the past.  

21               And she competes in pageants, which 

22  she says has changed her outlook on life.  She 

23  believes that pageants are about the inner 

24  beauty, how you think and conduct yourself as a 

25  young woman.

                                                               2894

 1               She also has worked with 

 2  Mr. Gillespie on area pageants, helps young girls 

 3  with presentations to judges and the audience, 

 4  and keeps in touch with women from past 

 5  pageants.  

 6               She views today, meeting with 

 7  Senators, Assemblymembers, and the Governor, as a 

 8  lasting memory.  And so it's great that she can 

 9  be here to learn about state government.  

10               So, Mr. President, if you would 

11  please extend to Ms. Luce the cordialities of the 

12  house, that would be very much appreciated.  But 

13  I'm just so proud of all of her accomplishments.

14               ACTING PRESIDENT ROBACH:   Thank 

15  you very much.  

16               On behalf of Senator Young and all 

17  the Senators, we welcome you to the chamber.  

18  Congratulations on your many awards, and good 

19  luck in your pursuit of your education career.  

20  Enjoy your day here at the Capitol.

21               (Applause.)

22               ACTING PRESIDENT ROBACH:   Senator 

23  Hannon.

24               SENATOR HANNON:   Mr. President, 

25  could we now proceed to the noncontroversial 

                                                               2895

 1  reading of today's calendar.

 2               ACTING PRESIDENT ROBACH:   The 

 3  Secretary will read.

 4               THE SECRETARY:   Calendar Number 

 5  120, by Senator Larkin, Senate Print 4239A, an 

 6  act to amend the Retirement and Social Security 

 7  Law.

 8               ACTING PRESIDENT ROBACH:   Read the 

 9  last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect immediately.

12               ACTING PRESIDENT ROBACH:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 57.

16               ACTING PRESIDENT ROBACH:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  163, by Senator Ranzenhofer, Senate Print 4124A, 

20  an act to amend the Public Health Law.

21               ACTING PRESIDENT ROBACH:   Read the 

22  last section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect on the 30th day.

25               ACTING PRESIDENT ROBACH:   Call the 

                                                               2896

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 57.

 4               ACTING PRESIDENT ROBACH:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  176, by Senator Ritchie, Senate Print 5166, an 

 8  act in relation to authorizing.

 9               ACTING PRESIDENT ROBACH:   Read the 

10  last section.

11               THE SECRETARY:   Section 3.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT ROBACH:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 57.

17               ACTING PRESIDENT ROBACH:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  270, by Senator Klein, Senate Print 6026, an act 

21  to amend the Real Property Actions and 

22  Proceedings Law.

23               ACTING PRESIDENT ROBACH:   Read the 

24  last section.

25               THE SECRETARY:   Section 2.  This 

                                                               2897

 1  act shall take effect immediately.

 2               ACTING PRESIDENT ROBACH:   Call the 

 3  roll.

 4               (The Secretary called the roll.)

 5               ACTING PRESIDENT ROBACH:   Senator 

 6  Klein to explain his vote.

 7               SENATOR KLEIN:   Thank you, 

 8  Mr. President.

 9               This legislation makes some very 

10  important changes to our existing bawdy house 

11  laws in New York State.  

12               This bill was introduced at the 

13  request of the Bronx district attorney, Robert 

14  Johnson, and it's supported by all the district 

15  attorneys around the five boroughs in the City of 

16  New York.  Because one of the problems we're 

17  seeing time and time again is that for a landlord 

18  presently to evict a tenant where drug or other 

19  criminal activity took place, now the entire 

20  burden is on the landlord.  

21               This merely allows a district 

22  attorney to join the landlord in Housing Court, 

23  using criminal evidence and other courtroom 

24  procedures to be able to evict a tenant as 

25  quickly as possible.  

                                                               2898

 1               These aren't your run-of-the-mill 

 2  tenants.  These are tenants who have already been 

 3  arrested for prostitution on the premises, drugs, 

 4  guns.  There's presently 13 of these types of 

 5  apartments that are being used as safe houses by 

 6  criminals in Bronx County alone.

 7               So I think this is an important 

 8  addition to our existing laws, and I vote yes, 

 9  Mr. President.

10               ACTING PRESIDENT ROBACH:   Thank 

11  you, Senator Klein.

12               Senator Diaz.

13               SENATOR DIAZ:   Thank you, 

14  Mr. President.

15               I know the District Attorney, Bronx 

16  District Attorney Robert Johnson, my good 

17  friend.  However, I also know the poor people of 

18  my district.  And they are being -- there have 

19  been too many prosecutions for the tenants, and 

20  this law might give the landlord the opportunity 

21  to evict and the district attorney to declare, 

22  when somebody brings their brothers or sisters, 

23  to be illegal.  And also those -- this law often 

24  serves too many things that could be against the 

25  tenants.

                                                               2899

 1               I understand that we have to 

 2  prosecute people that deal with drugs and 

 3  whatever.  But the tenants not only have the rent 

 4  being too high, but also now we could allow the 

 5  district attorney to go after them.  I think that 

 6  I cannot vote for this piece of legislation, and 

 7  I think that the people in my district would not 

 8  be in support of a legislation like this.

 9               Thank you.

10               ACTING PRESIDENT ROBACH:   Thank 

11  you, Senator Diaz.  You will be recorded in the 

12  negative.

13               Senator Krueger.

14               SENATOR KRUEGER:   Thank you.  I 

15  rise to explain my vote, Mr. President.

16               While I appreciate the sponsor's 

17  broader intent with his legislation, the dilemma 

18  is this bill is written in such a way as even 

19  when there is no criminal activity that has been 

20  found through a court of law, with guilty parties 

21  having been convicted a district attorney could 

22  still, based on assumptions of guilt that have 

23  not yet been proved in court, move to proceed to 

24  participate in an eviction case -- which may, in 

25  fact, ultimately be found guilty in a criminal 

                                                               2900

 1  court, in which case I would not have a problem 

 2  with them representing themselves in the 

 3  Housing Court proceeding -- or the criminal 

 4  activity may in fact be by some party or parties 

 5  not the actual legal tenants in the home.  

 6               And I fear, as my colleague 

 7  Senator Diaz raised, that people would be wrongly 

 8  evicted from their homes based on assumptions 

 9  that had not yet been proven in a court of law.  

10               So I am voting no and urge other 

11  colleagues to vote no.  

12               Thank you, Mr. President.

13               ACTING PRESIDENT ROBACH:   Thank 

14  you, Senator Krueger.  You will be recorded in 

15  the negative.

16               Announce the results.

17               THE SECRETARY:   In relation to 

18  Calendar Number 270, those recorded in the 

19  negative are Senators Adams, Diaz, Dilan, 

20  Krueger, Parker, Rivera, and Serrano.

21               Ayes, 50.  Nays, 7.

22               ACTING PRESIDENT ROBACH:   The bill 

23  is passed.

24               THE SECRETARY:   Calendar Number 

25  291, by Senator Valesky, Senate Print 653A, an 

                                                               2901

 1  act to amend the Environmental Conservation Law.

 2               ACTING PRESIDENT ROBACH:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 3.  This 

 5  act shall take effect on the first of October.

 6               ACTING PRESIDENT ROBACH:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 57.

10               ACTING PRESIDENT ROBACH:   The bill 

11  is passed.

12               THE SECRETARY:   Calendar Number 

13  359, by Senator Grisanti, Senate Print 6517, an 

14  act to amend the Local Finance Law.

15               ACTING PRESIDENT ROBACH:   A 

16  home-rule message is at the desk.

17               Read the last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT ROBACH:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 56.  Nays, 

24  1.  Senator Ball recorded in the negative. 

25               ACTING PRESIDENT ROBACH:   The bill 

                                                               2902

 1  is passed.

 2               THE SECRETARY:   Calendar Number 

 3  429, by Senator Little, Senate Print 6714, an act 

 4  to amend the Penal Law.

 5               ACTING PRESIDENT ROBACH:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 3.  This 

 8  act shall take effect on the first of November.

 9               ACTING PRESIDENT ROBACH:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               ACTING PRESIDENT ROBACH:   Senator 

13  Little to explain her vote.

14               SENATOR LITTLE:   Thank you, 

15  Mr. President.

16               Once again, I'm pleased that we are 

17  passing this bill here in the Senate.  We have 

18  laws protecting sexual relationships between 

19  doctors and their patients.  We have harassment 

20  laws that ensure that workers are not subject to 

21  sexual advances from their bosses.

22               Although a student may be old 

23  enough to consent to sex with a school employee, 

24  it certainly doesn't make it right.  Students 

25  ought to have the same level of protection as 

                                                               2903

 1  these people in other categories, so that they 

 2  are not manipulated by those people who are 

 3  persons in a position of power or persons in a 

 4  position of trust.

 5               Even though New York's legal age of 

 6  consent is 17, by taking the child's age into 

 7  consideration and the fact that they are a 

 8  student in a school district, having a 

 9  relationship with someone who is employed by that 

10  school district will be against the law.  

11  Violations would be a Class E felony and carry a 

12  sentence of up to four years in prison.  

13               There are 20 other states that have 

14  recognized the seriousness of this issue and have 

15  passed laws doing so.  I am pleased that New York 

16  State -- and hopefully this will pass the 

17  Assembly and be signed into law in New York 

18  State.  

19               Thank you.

20               ACTING PRESIDENT ROBACH:   Thank 

21  you, Senator Little.

22               Announce the results.

23               THE SECRETARY:   Ayes, 57.

24               ACTING PRESIDENT ROBACH:   The bill 

25  is passed.

                                                               2904

 1               THE SECRETARY:   Calendar Number 

 2  439, by Senator Robach, Senate Print 4560A, an 

 3  act to amend the Correction Law.

 4               ACTING PRESIDENT ROBACH:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 5.  This 

 7  act shall take effect immediately.

 8               ACTING PRESIDENT ROBACH:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 56.  Nays, 

12  1.  Senator Parker recorded in the negative.

13               ACTING PRESIDENT ROBACH:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  491, by Senator Bonacic, Senate Print 6233A, an 

17  act to authorize the reestablishment.

18               ACTING PRESIDENT ROBACH:   A 

19  home-rule message is at the desk.

20               Read the last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT ROBACH:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               2905

 1               THE SECRETARY:   Ayes, 57.

 2               ACTING PRESIDENT ROBACH:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  500, by Senator Grisanti, Senate Print 2478A, an 

 6  act to amend the Education Law.

 7               ACTING PRESIDENT ROBACH:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 3.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT ROBACH:   Call the 

12  roll.

13               (The Secretary called the roll.)  

14               ACTING PRESIDENT ROBACH:   Senator 

15  Oppenheimer to explain her vote.

16               SENATOR OPPENHEIMER:   Yes.  Ever 

17  since I was -- many, many years ago -- president 

18  of the League of Women Voters, we tried very hard 

19  to separate and made sure, through most of the 

20  state, that we have separated education from 

21  politics.  

22               And by bringing this vote to 

23  November, it just injects the political world 

24  into the education world.  I'm very much opposed 

25  to that.  I know the Board of Education in 

                                                               2906

 1  Buffalo is very much opposed to that.  

 2               And yes, it does exist in a couple 

 3  other of our Big Five, but it's a bad example.  

 4  And I think it really denigrates education.  And 

 5  I'll be voting no.  

 6               Thank you, Mr. President.

 7               ACTING PRESIDENT ROBACH:   Senator 

 8  Oppenheimer, you will be recorded in the 

 9  negative.

10               Senator Grisanti to explain his 

11  vote.

12               SENATOR GRISANTI:   Yes, thank you, 

13  Mr. President.

14               Senator Oppenheimer, I understand 

15  your concern.  However, the City of Buffalo 

16  itself has requested that the elections be moved 

17  from May to November.  

18               And if you live in the City of 

19  Buffalo, the politics that take place in May on 

20  voting in the Board of Election are worse than 

21  actually what takes place in November.  

22               In 2010, only 4 percent of the 

23  eligible voters turned out to vote in May.  

24  That's 6,200 voters were cast out of 150,000 

25  people eligible.  

                                                               2907

 1               The Common Council of the City of 

 2  Buffalo, in 1995, 1997, 2001, 2004, 2007, and 

 3  2009, sent a home-rule message to the Senate and 

 4  the Assembly to move this particular election.  

 5               The cost to the City of Buffalo is 

 6  about $150,000 to $200,000 that they would save.  

 7  And the high expenses related to having the 

 8  election in May, as well as the low voter 

 9  turnout, make it advisable to just move the 

10  election in this particular case.  

11               And as you know, you alluded that 

12  both Rochester and Syracuse hold their school 

13  board elections in November.  And we've looked at 

14  the past practices of those particular two large 

15  cities, and there's a better turnout, better 

16  people that are qualified for the board, actually 

17  to get on the board itself.  

18               But in reality, it's the instance 

19  of the City of Buffalo wanting to get this done 

20  and wanting to get this moved.  Mr. President, I 

21  vote aye on the bill.  

22               ACTING PRESIDENT ROBACH:   Thank 

23  you, Senator Grisanti.  You will be recorded in 

24  the affirmative.

25               Announce the results.

                                                               2908

 1               THE SECRETARY:   In relation to 

 2  Calendar Number 500, those recorded in the 

 3  negative are Senators Avella, Montgomery, 

 4  Oppenheimer and Stavisky.  

 5               Ayes, 53.  Nays, 4.

 6               ACTING PRESIDENT ROBACH:   The bill 

 7  is passed.

 8               THE SECRETARY:   Calendar Number 

 9  503, by Senator Hassell-Thompson, Senate Print --

10               SENATOR BRESLIN:   Lay it aside for 

11  the day.

12               ACTING PRESIDENT ROBACH:   The bill 

13  is laid aside for the day.

14               THE SECRETARY:   Calendar Number 

15  510, by Senator Nozzolio, Senate Print 476A, an 

16  act to amend the Correction Law.

17               ACTING PRESIDENT ROBACH:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect on the 120th day.

21               ACTING PRESIDENT ROBACH:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               ACTING PRESIDENT ROBACH:   Announce 

25  the results.

                                                               2909

 1               THE SECRETARY:   In relation to 

 2  Calendar Number 510, those recorded in the 

 3  negative are Senators Adams, Avella, Breslin, 

 4  Diaz, Dilan, Espaillat, Gianaris, 

 5  Hassell-Thompson, Klein, Krueger, Montgomery, 

 6  Oppenheimer, Parker, Rivera, Sampson, Serrano, 

 7  Smith, Squadron, Stavisky and Stewart-Cousins.

 8               Ayes, 37.  Nays, 20.

 9               ACTING PRESIDENT ROBACH:   The bill 

10  is passed.

11               THE SECRETARY:   Calendar Number 

12  533, by Senator Flanagan, Senate Print 4630, an 

13  act to amend the Education Law.

14               ACTING PRESIDENT ROBACH:   Read the 

15  last section.

16               THE SECRETARY:   Section 2.  This 

17  act shall take effect immediately.

18               ACTING PRESIDENT ROBACH:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 58.

22               ACTING PRESIDENT ROBACH:   The bill 

23  is passed.

24               THE SECRETARY:   Calendar Number 

25  539, by Senator Maziarz, Senate Print 1194, an 

                                                               2910

 1  act to amend the Correction Law.

 2               ACTING PRESIDENT ROBACH:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT ROBACH:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 56.  Nays, 

10  2.  Senators Montgomery and Parker recorded in 

11  the negative.

12               ACTING PRESIDENT ROBACH:   The bill 

13  is passed.

14               THE SECRETARY:   Calendar Number 

15  565, by Senator Robach, Senate Print 6870, an act 

16  to amend Section 5 of Chapter 416 of the Laws of 

17  2007.

18               ACTING PRESIDENT ROBACH:   Read the 

19  last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT ROBACH:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 58.

                                                               2911

 1               ACTING PRESIDENT ROBACH:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  603, by Senator Young, Senate Print --

 5               SENATOR BRESLIN:   Lay it aside.

 6               ACTING PRESIDENT ROBACH:   The bill 

 7  is laid aside.

 8               SENATOR HANNON:   Lay it aside for 

 9  the day.

10               ACTING PRESIDENT ROBACH:   The bill 

11  is laid aside for the day.

12               THE SECRETARY:   Calendar Number 

13  604, by Senator Young, Senate Print 6472, an act 

14  to amend the Administrative Code of the City of 

15  New York.  

16               SENATOR BRESLIN:   Lay it aside.

17               SENATOR HANNON:   Lay it aside for 

18  the day.

19               ACTING PRESIDENT ROBACH:   The bill 

20  is laid aside for the day.

21               THE SECRETARY:   Calendar Number 

22  605, by Senator Young --

23               SENATOR BRESLIN:   Lay it aside.

24               SENATOR HANNON:   Lay it aside for 

25  the day.

                                                               2912

 1               ACTING PRESIDENT ROBACH:   The bill 

 2  is laid aside for the day.

 3               THE SECRETARY:   Calendar Number 

 4  606, by Senator Young, Senate Print --

 5               SENATOR BRESLIN:   Lay it aside.

 6               SENATOR HANNON:   Lay it aside for 

 7  the day.

 8               ACTING PRESIDENT ROBACH:   The bill 

 9  is laid aside for the day.

10               THE SECRETARY:   Calendar Number 

11  655, by Senator Stavisky, Senate Print 899A, an 

12  act to amend the Abandoned Property Law.

13               ACTING PRESIDENT ROBACH:   Read the 

14  last section.

15               THE SECRETARY:   Section 4.  This 

16  act shall take effect on the 60th day.

17               ACTING PRESIDENT ROBACH:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 58.

21               ACTING PRESIDENT ROBACH:   The bill 

22  is passed.

23               THE SECRETARY:   In relation to 

24  Calendar Number 655:  Ayes, 57.  Nays, 1.  

25  Senator Ball recorded in the negative.

                                                               2913

 1               ACTING PRESIDENT ROBACH:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  662, by Senator Grisanti, Senate Print 2409D, an 

 5  act to amend the Agriculture and Markets Law.

 6               ACTING PRESIDENT ROBACH:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect July 1 --

10               SENATOR BRESLIN:   Lay it aside.

11               SENATOR HANNON:   Lay it aside for 

12  the day.

13               ACTING PRESIDENT ROBACH:   The bill 

14  is laid aside for the day.

15               Senator Hannon, that completes the 

16  noncontroversial reading of the calendar.

17               SENATOR HANNON:   Mr. President, is 

18  there any other business at the desk?  

19               ACTING PRESIDENT ROBACH:   There is 

20  none.

21               SENATOR HANNON:   There being no 

22  further business, I move we adjourn until 

23  Tuesday, May 15th, at 3:00 p.m.

24               ACTING PRESIDENT ROBACH:   On 

25  motion, the Senate stands adjourned until 

                                                               2914

 1  Tuesday, May 15th, at 3:00 p.m.

 2               (Whereupon, at 4:21 p.m., the Senate 

 3  adjourned.)

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