Regular Session - May 31, 2012

                                                                   3342

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 31, 2012

11                     11:16 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               3343

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

 2               ACTING PRESIDENT GRIFFO:   The 

 3  Senate will come to order.  

 4               I ask all present to please rise 

 5  and join with me as we recite the Pledge of 

 6  Allegiance to our Flag.

 7               (Whereupon, the assemblage 

 8  recited the Pledge of Allegiance to the Flag.)

 9               ACTING PRESIDENT GRIFFO:   In the 

10  absence of clergy, I ask all to bow our heads 

11  in a moment of silent reflection and prayer.

12               (Whereupon, the assemblage 

13  respected a moment of silence.)

14               ACTING PRESIDENT GRIFFO:   The 

15  reading of the Journal.

16               THE SECRETARY:   In Senate, 

17  Wednesday, May 30th, the Senate met pursuant 

18  to adjournment.  The Journal of Tuesday, 

19  May 29th, was read and approved.  On motion, 

20  Senate adjourned.

21               ACTING PRESIDENT GRIFFO:    

22  Without objection, the Journal stands approved 

23  as read.

24               Presentation of petitions.

25               Messages from the Assembly.

                                                               3344

 1               The Secretary will read.

 2               THE SECRETARY:   On page 39, 

 3  Senator Bonacic moves to discharge, from the 

 4  Committee on Judiciary, Assembly Bill Number 

 5  9400 and substitute it for the identical 

 6  Senate Bill Number 6624, Third Reading 

 7  Calendar 787.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  substitution is so ordered.

10               THE SECRETARY:   On page 39, 

11  Senator Hannon moves to discharge, from the 

12  Committee on Judiciary, Assembly Bill Number 

13  9836 and substitute it for the identical 

14  Senate Bill Number 6977, Third Reading 

15  Calendar 790.

16               ACTING PRESIDENT GRIFFO:   The 

17  substitution is so ordered.

18               THE SECRETARY:   On page 41, 

19  Senator Hannon moves to discharge, from the 

20  Committee on Health, Assembly Bill Number 9901 

21  and substitute it for the identical Senate 

22  Bill Number 6972, Third Reading Calendar 818.

23               ACTING PRESIDENT GRIFFO:   And 

24  the substitution is so ordered.

25               THE SECRETARY:   And on page 48, 

                                                               3345

 1  Senator Diaz moves to discharge, from the 

 2  Committee on Energy and Telecommunications, 

 3  Assembly Bill Number 759A and substitute it 

 4  for the identical Senate Bill Number 502A, 

 5  Third Reading Calendar 964.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  substitution is so ordered.

 8               Messages from the Governor.

 9               Reports of standing committees.

10               Reports of select committees.

11               Communications and reports from 

12  state officers.

13               Motions and resolutions.

14               Senator LaValle.

15               SENATOR LaVALLE:   Mr. President, 

16  on behalf of Senator Ritchie, on page 16 I 

17  offer the following amendments to Calendar 

18  Number 289, Senate Print Number 5641, and ask 

19  that said bill retain its place on Third 

20  Reading Calendar.

21               ACTING PRESIDENT GRIFFO:   The 

22  amendments are received, and the bill shall 

23  retain its place on third reading.

24               SENATOR LaVALLE:   Mr. President, 

25  on behalf of Senator Grisanti, on page 26 I 

                                                               3346

 1  offer the following amendments to Calendar 

 2  Number 594, Senate Print Number 6268B, and ask 

 3  that said bill retain its place on the 

 4  Third Reading Calendar.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  amendments are received, and the bill shall 

 7  retain its place on third reading.

 8               Senator LaValle.

 9               SENATOR LaVALLE:   Mr. President, 

10  may we please adopt the Resolution Calendar, with 

11  the exception of Resolution 4963.

12               ACTING PRESIDENT GRIFFO:   All in 

13  favor of adopting the Resolution Calendar, with 

14  the exception of Resolution Number 4963, signify 

15  by saying aye.

16               (Response of "Aye.")

17               ACTING PRESIDENT GRIFFO:    

18  Opposed?  

19               (No response.)

20               ACTING PRESIDENT GRIFFO:   The 

21  Resolution Calendar is adopted.

22               Senator LaValle.

23               SENATOR LaVALLE:   Mr. President, I 

24  believe there is a resolution by Senator Little 

25  at the desk, Number 4963.  I ask that it be read 

                                                               3347

 1  in its entirety and then call on Senator Little.

 2               ACTING PRESIDENT GRIFFO:   The 

 3  Secretary will read.

 4               THE SECRETARY:   Legislative 

 5  Resolution Number 4963, by Senator Little, 

 6  memorializing Governor Andrew M. Cuomo to 

 7  proclaim May 31 through June 6, 2012, as Museum 

 8  Week in the State of New York.

 9               "WHEREAS, The State of New York 

10  takes great pride in participating in special 

11  days of recognition for its esteemed 

12  institutions; and   

13               "WHEREAS, Attendant to such 

14  concern, and in full accord with its 

15  long-standing traditions, it is the sense of this 

16  Legislative Body to memorialize Governor Andrew 

17  M. Cuomo to proclaim May 31 through June 6, 2012, 

18  as Museum Week in the State of New York; and   

19               "WHEREAS, On this most auspicious 

20  occasion, New York State is celebrating the 

21  diversity and richness of its museums by inviting 

22  residents and visitors alike to discover the 

23  fascinating worlds of art, photography, history, 

24  science, pop culture, and more; and 

25               "WHEREAS, From May 31 through 

                                                               3348

 1  June 6, 2012, more than 200 museums across the 

 2  state will be part of the inaugural New York 

 3  State Museum Week and will be offering special 

 4  events, activities and promotions to give guests 

 5  a sample of the exhibitions and programs 

 6  available at the nearly 2,000 museums located 

 7  throughout New York; and 

 8               "WHEREAS, New York's diverse array 

 9  of museums, historic homes, zoos and botanical 

10  gardens offer something for everyone and every 

11  family; and 

12               "WHEREAS, Museum Week will 

13  highlight the wide array of educational, cultural  

14  and historic attractions that are available 

15  throughout the state for New Yorkers and visitors 

16  from around the world; and 

17               "WHEREAS, The participating 

18  organizations and institutions, located in every 

19  part of New York State, are not only vital 

20  cultural resources for our state, they are also 

21  important economic engines for their communities; 

22  and 

23               "WHEREAS, From ancient treasures to 

24  the 'I Love Lucy' sound stage, Museum Week offers 

25  New Yorkers and travelers from around the world 

                                                               3349

 1  an opportunity to visit what is collectively the 

 2  most impressive and unique cultural experiences 

 3  anywhere to be found; and 

 4               "WHEREAS, Our museums celebrate and 

 5  preserve our historic and cultural heritage, as 

 6  well as enrich our communities and play a vital 

 7  role in the state's economy; and 

 8               "WHEREAS, This Legislative Body 

 9  takes pleasure in celebrating Museum Week, 

10  recognizing the important and unique role our 

11  museums play in education, tourism and community 

12  development for our cities, towns and villages 

13  throughout this great Empire State; now, 

14  therefore, be it 

15               "RESOLVED, That this Legislative 

16  Body pause in its deliberations to memorialize 

17  Governor Andrew M. Cuomo to proclaim May 31 

18  through June 6, 2012, as Museum Week in the State 

19  of New York; and be it further   

20               "RESOLVED, That a copy of this 

21  resolution, suitably engrossed, be transmitted to 

22  The Honorable Andrew M. Cuomo, Governor of the 

23  State of New York."

24               ACTING PRESIDENT GRIFFO:   Senator 

25  Little.

                                                               3350

 1               SENATOR LITTLE:   Thank you, 

 2  Mr. President.

 3               First of all, I'd like to begin by 

 4  thanking Governor Cuomo for proclaiming this as 

 5  the first-ever New York State Museum Week, which 

 6  I think is going to kick off our summer tourist 

 7  season and help all of us to recognize the small 

 8  museums and the large museums that exist in our 

 9  districts.  

10               I'd also like to thank "I Love 

11  New York" for participating, for developing a 

12  website, for really working with us, and in 

13  particular Kelly Rabideau of "I Love New York" 

14  for her efforts in this.  Also, the executive 

15  director of the New York State Association of 

16  Museums, Anne Ackerson, for her participation.  

17               I'd also like to thank my 

18  colleagues for participating and for recognizing 

19  your museums that are in your district.  

20               I know we have sent out a blast 

21  email to many of the people that we email telling 

22  them about it.  I also have a kick-off event this 

23  afternoon at the Hyde Museum, which is located in 

24  Glens Falls, and will be attending and looking at 

25  the other museums throughout the week.  

                                                               3351

 1               This is an opportunity for our 

 2  wonderful New York State museums, historic sites, 

 3  botanical gardens and those things to celebrate 

 4  their existence and to offer specials, 

 5  promotions, and get people interested.  As we 

 6  begin the summer season and make our travel 

 7  plans, we would be encouraging people to not only 

 8  think of where they're going to vacation but to 

 9  look in their own backyard for activities and 

10  things that they can do there, and particularly 

11  by visiting a museum.  

12               And visiting a museum this week 

13  that's participating is very special, and it also 

14  gives a taste of what is there.  From the 

15  Slate Museum that I have in Granville to larger 

16  museums that we have in the Plattsburgh area, the 

17  Olympic Museum in Lake Placid, we have so many 

18  places and so many things.  

19               And so many of our small museums do 

20  not have the budget and the money to market 

21  themselves.  So I believe that having this 

22  first-ever New York State Museum Week will help 

23  call attention to these wonderful resources in 

24  New York State.  

25               And I thank all of you for 

                                                               3352

 1  participating and making this a special week.  

 2               Thank you, Mr. President.

 3               ACTING PRESIDENT GRIFFO:   Thank 

 4  you, Senator Little.

 5               Senator Serrano.

 6               SENATOR SERRANO:   Thank you, 

 7  Mr. President.

 8               And I want to convey my gratitude 

 9  to the chair of the Cultural Affairs Committee, 

10  Senator Little, and thank her for her leadership, 

11  and "I Love New York" and all of the agencies 

12  involved with Museum Week.  

13               And as Senator Little mentioned, 

14  this is a wonderful opportunity to showcase all 

15  the wonderful cultural venues that we have 

16  throughout our state, especially our museums.  

17  And with the firm understanding that the economic 

18  engine, one of the main economic engines in 

19  New York State is our tourism sector, as well as 

20  our cultural and entertainment sector.  

21               We see every day what museums and 

22  cultural institutions do for New York City.  It's 

23  obvious to anyone who knows the city that 

24  New York would not be the amazing city that it is 

25  had it not been for the cultural venues that 

                                                               3353

 1  attract tourists from all over the world and 

 2  bring in dollars from all over the world.  

 3               So I think it's important that on a 

 4  state level we showcase all of the wonders that 

 5  we have.  We have so much to offer on a state 

 6  level.  And this will give museums a wonderful 

 7  opportunity to draw in patrons to learn; the 

 8  educational opportunities are endless.  

 9               And once again, I applaud Senator 

10  Little for her leadership on this.  

11               Thank you very much.

12               ACTING PRESIDENT GRIFFO:   Senator 

13  Farley.

14               SENATOR FARLEY:   Yes, I rise to 

15  support Senator Little's resolution.  

16               You know, museums in New York 

17  State, we have a wealth source of history and 

18  art.  And in my own district I have seven or 

19  eight that are participating in this.  And it is 

20  a tremendous tourist attraction.  It is 

21  tremendous particularly for upstate New York, 

22  which needs the revenue and the tourism.  

23               But these museums are a wonderful 

24  wealth source in this state, and it's something 

25  that we can be very proud of.  And it's something 

                                                               3354

 1  that Senator Little, in her resolution, and the 

 2  Governor, for promoting our museums around the 

 3  state.  

 4               And I think it's a very exciting 

 5  week that is coming up, and I hope that everybody 

 6  participates.  Thank you.

 7               ACTING PRESIDENT GRIFFO:   Thank 

 8  you, Senator Farley.  

 9               Senator Little.

10               SENATOR LITTLE:   Thank you, 

11  Mr. President.  

12               And I was remiss in saying that I 

13  would hope everyone would be interested in being 

14  on this museum resolution.  We open it up to all 

15  the members of the Senate and hope you'll 

16  participate.  

17               Thank you.

18               ACTING PRESIDENT GRIFFO:   At the 

19  sponsor's request, the resolution will be open 

20  for cosponsorship.  If you choose not to be a 

21  cosponsor, notify the desk.  

22               The question is on the resolution. 

23  All in favor signify by saying aye.

24               (Response of "Aye.")

25               ACTING PRESIDENT GRIFFO:    

                                                               3355

 1  Opposed?  

 2               (No response.)

 3               ACTING PRESIDENT GRIFFO:   The 

 4  resolution is adopted.

 5               Senator LaValle.

 6               SENATOR LaVALLE:   Mr. President, 

 7  may we please have the noncontroversial reading 

 8  of the calendar.

 9               ACTING PRESIDENT GRIFFO:   The 

10  Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  729, by Senator Nozzolio, Senate Print 4512A, an 

13  act to amend the Retirement and Social Security 

14  Law.

15               ACTING PRESIDENT GRIFFO:   Read the 

16  last section.  

17               SENATOR LaVALLE:   Lay it aside for 

18  the day, please.

19               ACTING PRESIDENT GRIFFO:   Lay the 

20  bill aside for the day.

21               THE SECRETARY:   Calendar Number 

22  742, by Senator Nozzolio, Senate Print 7021A, an 

23  act to amend the Public Authorities Law.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               3356

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT GRIFFO:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 53.

 7               ACTING PRESIDENT GRIFFO:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  745, by Senator Maziarz, Senate Print 7327, an 

11  act to amend the Public Authorities Law.

12               ACTING PRESIDENT GRIFFO:   Read the 

13  last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT GRIFFO:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 53.

20               ACTING PRESIDENT GRIFFO:   The bill 

21  is passed.

22               THE SECRETARY:   Calendar Number 

23  748, by Senator Hannon, Senate Print 7243, an act 

24  to amend the Civil Service Law.

25               ACTING PRESIDENT GRIFFO:   Read the 

                                                               3357

 1  last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect on the 90th day.

 4               ACTING PRESIDENT GRIFFO:   Call the 

 5  roll.

 6               (The Secretary called the roll.)

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Little to explain her vote.

 9               SENATOR LITTLE:   Thank you.  

10               I am a no vote on this bill.  And 

11  it sounds like a horrible thing to be doing; 

12  however, as a member of the Mandate Relief 

13  Council, this is a mandate that I think that we 

14  should not be passing at this time.

15               So thank you.

16               ACTING PRESIDENT GRIFFO:   Senator 

17  Little to be recorded in the negative.

18               Announce the results.

19               THE SECRETARY:   Ayes, 50.  Nays, 

20  3.  Senators Little, O'Mara and Ritchie recorded 

21  in the negative.

22               ACTING PRESIDENT GRIFFO:   The bill 

23  is passed.

24               THE SECRETARY:   Calendar Number 

25  750, by Senator Young, Senate Print 773, an act 

                                                               3358

 1  to amend the Agriculture and Markets Law.

 2               ACTING PRESIDENT GRIFFO:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT GRIFFO:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 52.  Nays, 

10  1.  Senator Little recorded in the negative.  

11               ACTING PRESIDENT GRIFFO:   The bill 

12  is passed.

13               THE SECRETARY:   Calendar Number 

14  764, by Senator Maziarz, Senate Print 518, an act 

15  to amend the Penal Law.

16               ACTING PRESIDENT GRIFFO:   Read the 

17  last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect on the first of November.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 53.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               3359

 1               THE SECRETARY:   Calendar Number 

 2  770, by Senator Bonacic, Senate Print 6426, an 

 3  act to amend the Alcoholic Beverage Control Law.

 4               ACTING PRESIDENT GRIFFO:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 4.  This 

 7  act shall take effect on the 180th day.

 8               ACTING PRESIDENT GRIFFO:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 52.  Nays, 

12  1.  Senator Fuschillo recorded in the negative.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  772, by Senator Farley, Senate Print 6770, an act 

17  to authorize.

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, 52.  Nays, 

                                                               3360

 1  1.  Senator Fuschillo recorded in the negative.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  773, by Senator Larkin, Senate Print 6986, an act 

 6  to amend the Alcoholic Beverage Control Law.

 7               ACTING PRESIDENT GRIFFO:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT GRIFFO:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 53.  Nays, 

15  1.  Senator Fuschillo recorded in the negative.

16               ACTING PRESIDENT GRIFFO:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  778, by Senator Oppenheimer, Senate Print 6290, 

20  an act in relation.

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 

                                                               3361

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 54.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  779, by Senator Ritchie, Senate Print 7138, an 

 8  act to amend the Vehicle and Traffic Law.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 3.  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, 54.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  783, by Senator Robach, Senate Print 490, an act 

21  to amend the Domestic Relations Law.

22               ACTING PRESIDENT GRIFFO:   Read the 

23  last section.

24               THE SECRETARY:   Section 3.  This 

25  act shall take effect immediately.

                                                               3362

 1               ACTING PRESIDENT GRIFFO:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 54.

 5               ACTING PRESIDENT GRIFFO:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  787, substituted earlier by Member of the 

 9  Assembly Weinstein, Assembly Print 9400, an act 

10  to amend Chapter 363 of the Laws of 2010.

11               ACTING PRESIDENT GRIFFO:   Read the 

12  last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect immediately.

15               ACTING PRESIDENT GRIFFO:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 54.

19               ACTING PRESIDENT GRIFFO:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  790, substituted earlier by Member of the 

23  Assembly Abinanti, Assembly Print 9836, an act to 

24  amend the Surrogate's Court Procedure Act.

25               ACTING PRESIDENT GRIFFO:   Read the 

                                                               3363

 1  last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call the 

 5  roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 54.

 8               ACTING PRESIDENT GRIFFO:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  792, by Senator Maziarz, Senate Print 3203B, an 

12  act to amend the Tax Law.

13               ACTING PRESIDENT GRIFFO:   Read the 

14  last section.

15               THE SECRETARY:   Section 4.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT GRIFFO:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 54.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  799, by Senator Farley, Senate Print 5129, by an 

25  act to amend the State Finance Law.

                                                               3364

 1               ACTING PRESIDENT GRIFFO:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect on the 180th day.

 5               ACTING PRESIDENT GRIFFO:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 54.

 9               ACTING PRESIDENT GRIFFO:   The bill 

10  is passed.

11               THE SECRETARY:   Calendar Number 

12  818, substituted earlier by Member of the 

13  Assembly Titone, Assembly Print 9901, an act to 

14  amend the Public Health Law.

15               ACTING PRESIDENT GRIFFO:   Read the 

16  last section.

17               THE SECRETARY:   Section 2.  This 

18  act shall take effect immediately.

19               ACTING PRESIDENT GRIFFO:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 54.

23               ACTING PRESIDENT GRIFFO:   The bill 

24  is passed.

25               THE SECRETARY:   Calendar Number 

                                                               3365

 1  832, by Senator Marcellino, Senate Print 6999A, 

 2  an act to authorize.

 3               ACTING PRESIDENT GRIFFO:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 2.  This 

 6  act shall take effect immediately.

 7               ACTING PRESIDENT GRIFFO:   Call the 

 8  roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 51.  Nays, 

11  3.  Senators Bonacic, Larkin and O'Mara recorded 

12  in the negative.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  842, by Senator Seward, Senate Print 6978, an act 

17  to amend the Insurance Law.

18               ACTING PRESIDENT GRIFFO:   Read the 

19  last section.

20               THE SECRETARY:   Section 5.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT GRIFFO:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 53.  Nays, 

                                                               3366

 1  1.  Senator Peralta recorded in the negative.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  871, by Senator Lanza, Senate Print 2937A, an act 

 6  to amend the Penal Law.

 7               ACTING PRESIDENT GRIFFO:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect on the first of November.

11               ACTING PRESIDENT GRIFFO:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 54.

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  964, substituted earlier by Member of the 

19  Assembly Dinowitz, Assembly Print 759A, an act to 

20  amend the Elder 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 

                                                               3367

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 54.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  965, by Senator Kennedy, Senate Print 4726, an 

 8  act to amend the Penal Law.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 2.  This 

12  act shall take effect on the first of November.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               ACTING PRESIDENT GRIFFO:   Senator 

17  Kennedy to explain his vote.

18               SENATOR KENNEDY:   Thank you, 

19  Mr. President.

20               I want to thank my colleagues for 

21  their support on this important piece of 

22  legislation today.  

23               This legislation will make criminal 

24  impersonation of a disabled veteran vendor a 

25  Class A misdemeanor.  When someone impersonates a 

                                                               3368

 1  disabled veteran vendor for personal gain, 

 2  they're committing a truly shameful act.  Once 

 3  this becomes law, the legislation will ensure 

 4  this reprehensible act becomes a punishable 

 5  crime.  

 6               Not only does impersonation of a 

 7  disabled veteran vendor deceive the buying 

 8  public, it also inflicts serious economic pain 

 9  upon actual disabled veteran vendors.  This 

10  deception results in the theft of business that 

11  rightfully belongs to men and women who make 

12  great sacrifices and service to this country.

13               People often make the conscious 

14  decision to purchase goods or services from a 

15  disabled veteran-owned business.  Impersonating a 

16  disabled veteran vendor deprives veterans of an 

17  economic benefit they earned after protecting our 

18  freedoms.  

19               Making the impersonation of a 

20  veteran vendor a Class A misdemeanor will 

21  establish a deterrent to this criminal activity, 

22  and it will ensure law enforcement has the tools 

23  to crack down on anyone who impersonates a 

24  disabled veteran business owner.  It will stop 

25  people who try to cheat the system and steal from 

                                                               3369

 1  veterans.  

 2               With this bill, offenders who 

 3  defraud the public by pretending to be disabled 

 4  veteran vendors can be punished with up to one 

 5  year in prison.  This legislation will set the 

 6  precedent that in New York State you won't get 

 7  away with defrauding veterans out of benefits 

 8  that they've earned.  

 9               We must do all we can to protect 

10  our veterans, and this legislation is an 

11  important next step.  Under this bill we will 

12  stand up and stop those who impersonate 

13  veteran-owned businesses in attempts to deceive 

14  their way into stealing businesses from veterans 

15  who gave so much for our state and our nation.

16               Thank you, Mr. President.  I vote 

17  aye.

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Kennedy to be recorded in the affirmative.

20               Announce the results.

21               THE SECRETARY:   Ayes, 52.  Nays, 

22  2.  Senators Montgomery and Perkins recorded in 

23  the negative.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               3370

 1               THE SECRETARY:   Calendar Number 

 2  967, by Senator Diaz, Senate Print 6237, an act 

 3  to amend the Correction Law.

 4               ACTING PRESIDENT GRIFFO:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 2.  This 

 7  act shall take effect immediately.

 8               ACTING PRESIDENT GRIFFO:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 54.

12               ACTING PRESIDENT GRIFFO:   The bill 

13  is passed.

14               THE SECRETARY:   Calendar Number 

15  968, by Senator Peralta, Senate Print 6292, an 

16  act to amend the Penal Law.

17               ACTING PRESIDENT GRIFFO:   Read the 

18  last section.

19               THE SECRETARY:   Section 8.  This 

20  act shall take effect on the first of November.

21               ACTING PRESIDENT GRIFFO:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               ACTING PRESIDENT GRIFFO:   Senator 

25  Peralta to explain his vote.

                                                               3371

 1               SENATOR PERALTA:   Thank you, 

 2  Mr. President.  

 3               I want to thank all my colleagues 

 4  for voting on this bill today.

 5               As you know, a terrorist plot to do 

 6  us harm may be hatched in another country 

 7  thousands of miles from here, but some of the 

 8  tools to make it happen are being produced right 

 9  here in our own backyard.  Actually, they're 

10  being produced in my backyard more than in anyone 

11  else's.  

12               The stretch of Roosevelt Avenue in 

13  my district from about 75th Street up to 

14  103rd Street has been identified by investigators 

15  as the East Coast epicenter of fake ID production 

16  and sale.  Forged documents available on 

17  Roosevelt Avenue include driver's licenses, 

18  passports and Social Security cards.  There are 

19  believed to be 10 or more mills churning out 

20  these forgeries.  

21               But it is not simply a matter of 

22  quantity but of quality as well.  And it is the 

23  quality of these forged documents, coupled with 

24  the fact that they are so easy to obtain, that 

25  undermines the hard work of Homeland Security and 

                                                               3372

 1  law enforcement to keep us safe.  

 2               Given the quality of these forged 

 3  official documents and their ready availability 

 4  on Roosevelt Avenue and elsewhere, it should come 

 5  as no surprise that we're seeing fake IDs at the 

 6  heart of a number of criminal enterprises, 

 7  scandals and tragedies, from identity theft to 

 8  college entrance exams to deaths on our 

 9  roadways.  

10               The fake ID and forgery business 

11  has been thriving on Roosevelt Avenue for many, 

12  many years.  The Queens District Attorney, 

13  Richard Brown, has worked very hard on this issue 

14  for years.  I approached DA Brown and asked him 

15  how I could help, and we came up with this piece 

16  of legislation.  

17               Under this bill, the manufacture 

18  and sale of a false document would be upgraded 

19  from a Class D to a Class C felony, roughly 

20  doubling jail sentences.  It would also make 

21  forging an ID a more serious offense than other 

22  forgeries -- say of a MetroCard, for example.  

23               Penalties for possessing a fake ID 

24  or other false document will remain the same.  

25  That's important to keep in mind, because as 

                                                               3373

 1  things stand today, an underage drinker caught 

 2  with a fake ID potentially faces the same 

 3  punishment under the law as somebody running a 

 4  fake ID mill.  

 5               Simply put, this bill very 

 6  specifically and directly singles out the real 

 7  threats to society.  It does that by defining 

 8  sale in a way that helps police and prosecutors 

 9  target every link in the chain of sale, making it 

10  more difficult for forged document rings to 

11  operate, whether on Roosevelt Avenue or anyplace 

12  in New York State.  

13               So I want to thank my colleagues 

14  for voting yea on this piece of legislation.

15               ACTING PRESIDENT GRIFFO:   Senator 

16  Peralta to be recorded in the affirmative.  

17               Announce the results.

18               THE SECRETARY:   Ayes, 53.  Nays, 

19  1.  Senator Duane recorded in the negative.

20               ACTING PRESIDENT GRIFFO:   The bill 

21  is passed.

22               THE SECRETARY:   Calendar Number 

23  971, by Senator Robach, Senate Print 7490, an act 

24  to amend Chapter 557 of the Laws of 2001.

25               ACTING PRESIDENT GRIFFO:   Read the 

                                                               3374

 1  last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call the 

 5  roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 53.  Nays, 

 8  2.  Senators Duane and Gallivan recorded in the 

 9  negative.

10               ACTING PRESIDENT GRIFFO:   The bill 

11  is passed.

12               Senator Libous, that completes the 

13  reading of the noncontroversial calendar.

14               SENATOR LIBOUS:   Could we please 

15  go back to motions, please.

16               ACTING PRESIDENT GRIFFO:   We're 

17  back to motions.

18               SENATOR LIBOUS:   On behalf of 

19  Senator Ranzenhofer, on page 13 I offer the 

20  following amendments to Calendar Number 140, 

21  Senate Print 5198C, and ask that said bill retain 

22  its place on the Third Reading Calendar.

23               ACTING PRESIDENT GRIFFO:   The 

24  amendments are received, and the bill shall 

25  retain its place on third reading.

                                                               3375

 1               SENATOR LIBOUS:   Again on behalf 

 2  of Senator Ranzenhofer, on page 26 I offer the 

 3  following amendments to Calendar Number 564, 

 4  Senate Print 6614, and ask that said bill retain 

 5  its place on the Third Reading Calendar.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  amendments are received, and the bill shall 

 8  retain its place on third reading.

 9               SENATOR LIBOUS:   Mr. President, is 

10  there any further business at the desk?  

11               ACTING PRESIDENT GRIFFO:   There is 

12  no further business.

13               SENATOR LIBOUS:   Mr. President, I 

14  have an announcement.  There will be a meeting of 

15  the Crime Victims, Crime and Corrections 

16  Committee immediately following session in 

17  Room 124.

18               ACTING PRESIDENT GRIFFO:   Meeting 

19  in Room 124 immediately following session of the 

20  Crime Victims, Crime and Corrections Committee.

21               Senator Libous.  

22               SENATOR LIBOUS:   Mr. President, 

23  there being no further business, I move we 

24  adjourn until Monday, June 4th, at 3:00 p.m., 

25  intervening days being legislative days.

                                                               3376

 1               ACTING PRESIDENT GRIFFO:   On 

 2  motion, the Senate stands adjourned until Monday, 

 3  June 4th, at 3:00 p.m., intervening days being 

 4  legislative days.  

 5               Senate adjourned.

 6               (Whereupon, at 11:42 a.m., the 

 7  Senate adjourned.)

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