Regular Session - June 6, 2012

                                                                   3666

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 6, 2012

11                     11:10 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  

19  SENATOR JOSEPH ROBACH, Acting President

20  FRANCIS W. PATIENCE, Secretary

21  

22  

23  

24  

25  

                                                               3667

 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:   In the 

10  absence of clergy, may we please now bow our 

11  heads in a moment of silence.

12               (Whereupon, the assemblage 

13  respected a moment of silence.)

14               ACTING PRESIDENT ROBACH:   The 

15  reading of the Journal.

16               Senator Libous.

17               SENATOR LIBOUS:   Thank you, 

18  Mr. President.  

19               Before we read the Journal, I 

20  would like all members and folks in the 

21  gallery to stand and join me for a moment of 

22  silence.  Today is the 68th anniversary of 

23  D-Day, and I think we should pause and reflect 

24  on the men who gave their lives so that we 

25  could be free and be here today.  

                                                               3668

 1               So if we could have a moment of 

 2  silence for the 68th anniversary of D-Day.

 3               ACTING PRESIDENT ROBACH:   We 

 4  will have a moment of silent reflection for 

 5  all those who sacrificed at D-Day in 

 6  World War II.

 7               (Whereupon, the assemblage rose 

 8  and respected a moment of silence.)

 9               ACTING PRESIDENT ROBACH:   The 

10  reading of the Journal.

11               THE SECRETARY:   In Senate, 

12  Tuesday, June 5th, the Senate met pursuant to 

13  adjournment.  The Journal of Monday, June 4th, 

14  was read and approved.  On motion, Senate 

15  adjourned.

16               ACTING PRESIDENT ROBACH:    

17  Without objection, the Journal stands approved 

18  as read.

19               Presentation of petitions.

20               Messages from the Assembly.

21               The Secretary will read.

22               THE SECRETARY:   On page 32, 

23  Senator Stewart-Cousins moves to discharge, 

24  from the Committee on Local Government, 

25  Assembly Bill Number 9292 and substitute it 

                                                               3669

 1  for the identical Senate Bill Number 6460, 

 2  Third Reading Calendar 556.

 3               On page 38, Senator Martins moves 

 4  to discharge, from the Committee on Local 

 5  Government, Assembly Bill Number 9816 and 

 6  substitute it for the identical Senate Bill 

 7  Number 6929, Third Reading Calendar 697.

 8               On page 44, Senator Marcellino 

 9  moves to discharge, from the Committee on 

10  Finance, Assembly Bill Number 9454 and 

11  substitute it for the identical Senate Bill 

12  Number 6195, Third Reading Calendar 804.  

13               On page 48, Senator Robach moves 

14  to discharge, from the Committee on Health, 

15  Assembly Bill Number 9948 and substitute it 

16  for the identical Senate Bill Number 7062, 

17  Third Reading Calendar 875.  

18               On page 49, Senator LaValle moves 

19  to discharge, from the Committee on Local 

20  Government, Assembly Bill Number 8843B and 

21  substitute it for the identical Senate Bill 

22  Number 6058B, Third Reading Calendar 

23  903.

24               On page 50, Senator LaValle moves 

25  to discharge, from the Committee on Local 

                                                               3670

 1  Government, Assembly Bill Number 9660 and 

 2  substitute it for the identical Senate Bill 

 3  Number 6800, Third Reading Calendar 908.

 4               And on page 55, Senator Robach 

 5  moves to discharge, from the Committee on Labor, 

 6  Assembly Bill Number 10076 and substitute it for 

 7  the identical Senate Bill Number 7389, Third 

 8  Reading Calendar 960.

 9               ACTING PRESIDENT ROBACH:    

10  Substitutions ordered.

11               Messages from the Governor.

12               Reports of standing committees.

13               Reports of select committees.

14               Communications and reports from 

15  state officers.

16               Motions and resolutions.

17               Senator Libous.

18               SENATOR LIBOUS:   Thank you, 

19  Mr. President.  

20               There's a resolution at the desk by 

21  Senator Griffo, Number 4115.  It was previously 

22  adopted by this house on April 26th.  Could we 

23  have please have the title read and call on 

24  Senator Griffo at this time.

25               ACTING PRESIDENT ROBACH:   The 

                                                               3671

 1  Secretary will read.

 2               THE SECRETARY:   Legislative 

 3  Resolution Number 4115, by Senator Griffo, 

 4  congratulating the St. Lawrence Thunder Bantam 14 

 5  and under Boys Hockey Team upon the occasion of 

 6  capturing the New York State Tier II 

 7  Championship.

 8               ACTING PRESIDENT ROBACH:   Senator 

 9  Griffo.

10               SENATOR GRIFFO:   Thank you, 

11  Mr. President.

12               We are very fortunate today.  We 

13  always have that opportunity to welcome people in 

14  this chamber, and we've had a lot of great guests 

15  this week, but it's always encouraging when we 

16  see young people who excel academically and 

17  athletically.  And today we'll have that 

18  opportunity to be recognizing some of the 

19  salutatorians and valedictorians from Senator 

20  Bonacic's district, as well as these great 

21  athletes here.  

22               And it gives us great pride to be 

23  able to welcome all of you young individuals who 

24  are our promise for the future.  And we really 

25  look forward to all of you continuing to do what 

                                                               3672

 1  you do well, and that is to represent our 

 2  community.  You're an important part of our 

 3  community in such a special way.

 4               I today want to recognize the 

 5  St. Lawrence Thunder Bantam Hockey Team.  They 

 6  worked very hard all season.  They worked 

 7  together as a team.  They were successful in 

 8  claiming the New York State Tier II 

 9  Championship.  They have an extraordinary group 

10  of young men.  And they actually went all the 

11  ways to the nationals, and they competed and came 

12  in second place.  

13               But I know that they are very 

14  talented and they have really learned a lot 

15  throughout the course of the year.  Not only do 

16  they have great athletic talent, but they also 

17  are good students also.  And we're proud of 

18  them.  

19               And we want to recognize the 

20  coaches, Coach Bobby Smith, John Hart, and Todd 

21  Manning, and also a special mentor that is with 

22  them, Mr. Hank Ford, who has been with the team; 

23  his grandson plays.  But I know he's a great 

24  hockey enthusiast, and they've done a lot to 

25  continue to support the team.  

                                                               3673

 1               So we want to compliment these 

 2  young men not only for the title that they won 

 3  here in New York State and the great effort they 

 4  put forth nationally, but also for being such 

 5  outstanding citizens in our community.  Even at a 

 6  young age, all of you are role models, and we 

 7  appreciate that, that you continue to work well 

 8  as a team, to learn a lot of things together, and 

 9  to do things to benefit our community and where 

10  you live.

11               So we want to thank you, the 

12  players.  We recognize you today and applaud your 

13  pursuits and your excellence, and we appreciate 

14  what you do as young men.  

15               I want to thank the coaches, the 

16  families, who have all been there to support 

17  these young men, and want to congratulate you and 

18  welcome you here and extend the courtesies of the 

19  house today.

20               ACTING PRESIDENT ROBACH:   Senator 

21  Ritchie on the resolution.

22               SENATOR RITCHIE:   Thank you, 

23  Mr. President.

24               I'm pleased to join with Senator 

25  Griffo today to welcome all of you to the 

                                                               3674

 1  chamber.  Those of you who come from my home 

 2  county, the players, the coaches, and of course 

 3  Mr. Ford, I'm pleased to have you down here today 

 4  and to congratulate you on your great 

 5  accomplishment.

 6               As a former hockey mom, I know how 

 7  many hours of hard work goes into what you do on 

 8  the ice rink and how the parents and the families 

 9  are so committed and dedicated.  I remember 

10  getting up in the morning at 4 o'clock and going 

11  out in a snowstorm to be at the hockey rink for 

12  practice at 5:00 in the morning in the freezing 

13  cold, and one Saturday getting up early and going 

14  to Ottawa for a game in the morning, getting back 

15  in the car and driving back to Watertown.  

16               So the commitment and dedication of 

17  the players and also the families and the coaches 

18  is truly amazing.  

19               So I want to congratulate you on 

20  your outstanding accomplishment this year and 

21  certainly am honored to have you down here today.

22               Thank you.

23               ACTING PRESIDENT ROBACH:   Thank 

24  you.

25               Senator Little on the resolution.

                                                               3675

 1               SENATOR LITTLE:   Thank you, 

 2  Mr. President.  

 3               I would just like to add my 

 4  congratulations to this team, young hockey 

 5  players from the North Country.  Hockey is big in 

 6  the North Country, and it's something that most 

 7  of these young guys started skating when they 

 8  were 3, 4, 5 years old.  

 9               And as Senator Ritchie mentioned, 

10  this is truly a parent participation sport.  It's 

11  something that takes lot of effort on the parts 

12  of their families, a lot of support on the part 

13  of those families.  These young guys have played 

14  around the North Country, they've played in 

15  Canada, and they are well known for their 

16  expertise, their skill, and certainly the way 

17  they behave and act.  

18               So congratulations, and thanks for 

19  your effort.  Thanks for being here in Albany.

20               ACTING PRESIDENT ROBACH:   On 

21  behalf of Senator Griffo, Senator Ritchie, 

22  Senator Little and all the members, we welcome 

23  you, St. Lawrence Thunder Bantam Hockey Team, and 

24  applaud you for your great athletic 

25  accomplishment and wish you continued success.  

                                                               3676

 1               Welcome to the Senate chamber.  

 2  Have a good day here in Albany.

 3               (Standing ovation.)

 4               ACTING PRESIDENT ROBACH:   This 

 5  resolution was previously adopted on April 26th.  

 6               Senator Libous.

 7               SENATOR LIBOUS:   Thank you, 

 8  Mr. President.  

 9               At this time I would like to call 

10  up a resolution at the desk by Senator Bonacic.  

11  It would be Number 4943.  It was previously 

12  adopted by this house on May 31st.  Could we 

13  please have the resolution read in its entirety 

14  and then before its adoption if you could call on 

15  Senator Bonacic.

16               ACTING PRESIDENT ROBACH:   The 

17  Secretary will read.

18               THE SECRETARY:   Legislative 

19  Resolution Number 4943, by Senator Bonacic, 

20  commending the Valedictorians, Salutatorians and 

21  Honored Students of the 42nd Senate District, in 

22  recognition of their outstanding accomplishments, 

23  at a celebration to be held at the State Capitol 

24  on June 6, 2012.  

25               "WHEREAS, It is the sense of this 

                                                               3677

 1  Legislative Body to act in accord with its 

 2  long-standing traditions, to honor the youth of 

 3  today -- the leaders of tomorrow -- whose 

 4  character and achievements exemplify the ideals 

 5  and values cherished by this great state and 

 6  nation; and 

 7               "WHEREAS, This Legislative Body is 

 8  justly proud to recognize and commend the high 

 9  achievements of these dedicated students in the 

10  42nd Senate District upon the occasion of a 

11  special celebratory visit to the State Capitol in 

12  Albany, New York, on Wednesday, June 6, 2012.  At  

13  this time the Valedictorians, Salutatorians and 

14  Honored Students who have been selected by their 

15  school leadership for outstanding community 

16  service will receive special recognition from the 

17  Senate in the Senate Chamber; lunch will be 

18  served on the 3rd Floor Terrace of the 

19  Legislative Office Building, followed by a tour 

20  of the State Capitol; and 

21               "WHEREAS, These Valedictorians, 

22  Salutatorians and Honored Students represent the 

23  best of developed potential inherent in our most 

24  precious resource, our youth.  Their achievements 

25  have brought enduring honor to their families and 

                                                               3678

 1  communities and should be recognized and saluted; 

 2  and   

 3               "WHEREAS, The Valedictorians who 

 4  are being commended today for their outstanding 

 5  academic performances and exemplary achievements 

 6  include:  Matthew Armstrong, Katherine Goss, 

 7  Gabriella Rollo, Joshua Barnhart, Erika Bowring, 

 8  Tobey Kass, Aaron Schmitt, Kimberly Dildine, 

 9  Lindsay McGraw, Katherine Heinle, Maggi Calo, 

10  Erin Filupeit, Kelly Chu, Erica Concors, Charlton  

11  Tsai, Tyler Barringer, Lindsay Buzzelli, Collin 

12  Dimler, Samantha Molinari, Angela Perazone, 

13  Katharine Greco, Melia Wakeman, Cody Stinson, 

14  Robin Ward, Rachel Voorhees, Rebecca Corcillo, 

15  Heidi Furman, Erica Restaino, Elisabeth Ogden, 

16  and Jace Vansteenburg; and 

17               "WHEREAS, The Salutatorians who are 

18  being commended today for their outstanding  

19  academic performances and exemplary achievements 

20  include:  Ashley Terry, Robert Meyerhoff, Justine 

21  Bishop, Justin Merrill, Christine Donnelly, 

22  Bilqees Rahman, Morgan Vegliante, Jessica 

23  Terrano, Brianne Kravetsky, Sydney Goldstein, 

24  Nina Zheng, Katelynn Mauro, Matthew O'Connor, 

25  Kaitlyn Fisher, Melanie Schmidt, Elena Schaef, 

                                                               3679

 1  Zachary Kondak, Adam Hartell, Courtney Banks, 

 2  Abigail Wallace, Alexa Abrams, Cassandra Gascon, 

 3  Madie Decker, Linda Crandall, Shawn Bailey, Jeff 

 4  Yeung, Olivia Rehm, Teresitta Velez, Matthew 

 5  Cucciarre, and Angelina Baker; and 

 6               "WHEREAS, The Honored Students who 

 7  are being commended today and who have been 

 8  selected by their school leadership for 

 9  outstanding school or community service include: 

10  Tyler Wood, Anna Padovani, Brian Hazen, Luis 

11  Arango, Nicole Freeman, Leanne Nydam, Todd 

12  Wainman, Amanda Bertholf, Robert Johaneman, 

13  McKenzee Greene, Hannah Rodriguez, Zachary Doyle, 

14  Jenna Tocco, Andrea Griebel, Kyle Ciaravino, Adam 

15  Blank, Olivia Lee, Annie LeCompte-Maynard; and 

16               "WHEREAS, These Valedictorians, 

17  Salutatorians and Honored Students may now stand 

18  with pride as they assess their achievements, 

19  experience the satisfaction of their labors and 

20  the joy of their accomplishments, eager to face 

21  the new experiences of a challenging world; now, 

22  therefore, be it 

23               "RESOLVED, That this Legislative 

24  Body pause in its deliberations to commend the 

25  Valedictorians, Salutatorians and Honored  

                                                               3680

 1  Students of the 42nd Senate District, in  

 2  recognition of their outstanding accomplishments 

 3  at a celebration to be held at the State Capitol 

 4  on June 6, 2012; and be it further 

 5               "RESOLVED, That copies of this  

 6  resolution, suitably engrossed, be transmitted to 

 7  the aforementioned Valedictorians, Salutatorians 

 8  and Honored Students."

 9               ACTING PRESIDENT ROBACH:   Senator 

10  Bonacic.

11               SENATOR BONACIC:   Thank you, 

12  Mr. President.

13               To all our honored students, to 

14  those school officials and parents who came 

15  today, welcome to the Senate.  Thank you for 

16  bringing our honored guests here.

17               This morning we had three 

18  presenters that talked to the group about their 

19  views of life.  We had Judge Prudenti, we had 

20  Chancellor Nancy Zimpher, and we had Don 

21  Christian, the president of SUNY New Paltz.  And 

22  they were wonderful speakers, and we enjoyed 

23  them.

24               My message to these honored guests 

25  are that you are a valuable resource not only to 

                                                               3681

 1  the State of New York but to our country.  We 

 2  want you to succeed in whatever you're going to 

 3  be.  We would hope that you would come back to 

 4  New York to work, live, and raise your families.  

 5               The State of New York is the best 

 6  state in the country.  You may be going to school 

 7  outside New York, but if your heart brings you 

 8  back here, we would welcome you.  This is a place 

 9  of opportunity.  Things have been a little tough 

10  across the country with this recession, but we're 

11  confident things are going to get better.

12               So we wish you continued good 

13  health and much success in all your future 

14  endeavors.  

15               My colleagues, I would ask you to 

16  stand and welcome this wonderful group.  Thank 

17  you.  

18               (Standing ovation.)

19               ACTING PRESIDENT ROBACH:   And that 

20  resolution was previously adopted on May 31st.

21               Senator DeFrancisco.

22               SENATOR DeFRANCISCO:   Very 

23  briefly, I just want to first of all commend 

24  Senator Bonacic.  This is a wonderful idea.  

25               In our chamber we pass a lot of 

                                                               3682

 1  bills all the time that deal with problems in 

 2  society and dealing with the -- are they all on 

 3  this side?  I don't know where -- both sides?  

 4  I'll keep going like this, then.  

 5               We pass a lot of bills dealing with 

 6  problems in society, whether they be individuals 

 7  that get into criminal trouble, whether it be 

 8  people who have not succeeded for whatever 

 9  reason, and it occupies so much of our time.  But 

10  we have to recognize -- and this is why it's so 

11  great what Senator Bonacic does -- that there are 

12  good kids, responsible young people that are 

13  doing the right thing, working hard to succeed.  

14  Because responsibility for yourself is the most 

15  important part of succeeding in life.

16               Well, you've done the right thing.  

17  So far.  You've got a long way to go.  If you 

18  keep up the drive that you've shown up to this 

19  point in time, you are going to be the future 

20  leaders of our society.  And believe me, we need 

21  future leaders.  

22               So thank you, Senator Bonacic, for 

23  allowing us to pause for this thought, which is 

24  an important one, and congratulate all of you for 

25  your success to date and for your success that we 

                                                               3683

 1  all know you're going to have in the future.  

 2               Thank you.

 3               (Applause.)

 4               ACTING PRESIDENT ROBACH:   Senator 

 5  Fuschillo.

 6               SENATOR FUSCHILLO:   Thank you very 

 7  much, Mr. President.  

 8               Let me just join with Senator 

 9  DeFrancisco and thank Senator Bonacic.  This is 

10  an event that he looks forward to every year.  

11  And he emphasizes that you are the best of the 

12  best.  You're graduating from high school and 

13  you're all going on to college.  

14               And as Senator DeFrancisco said, we 

15  are longing for the future generation of 

16  leaders.  We welcome you to the Senate chambers.  

17  We wish you continued success.  

18               Senator Bonacic, thank you very 

19  much for allowing them to be part of the Senate 

20  chambers today, because it's nice to see, as 

21  Senator DeFrancisco said, some good things that 

22  come before the chambers.  And it's a pleasure to 

23  see all of you.  

24               Have a healthy and great, safe 

25  summer.  I wish all of you continued success.  

                                                               3684

 1               Thank you very much.

 2               (Applause.)

 3               ACTING PRESIDENT ROBACH:   Senator 

 4  Marcellino.

 5               SENATOR MARCELLINO:   Thank you, 

 6  Mr. President.  

 7               I too would like to stand and thank 

 8  Senator Bonacic for this worthy resolution and 

 9  honoring these fine young people.

10               But I would just like to remind 

11  them, you didn't get where you are by 

12  yourselves.  You had a good foundation, because 

13  obviously you came from good families.  So when 

14  you get home, give your parents a hug.  Thank 

15  them, because they obviously did the right thing 

16  in bringing you up correctly and giving you the 

17  right values and the right sense of the honor and 

18  abilities.

19               And also, when you get back to 

20  school, thank your teachers.  Because they 

21  obviously did the right thing too.  They've been 

22  helping you, they've been guiding you and giving 

23  the information and giving you the proper 

24  direction.  

25               So don't forget, we rarely get 

                                                               3685

 1  places by ourselves.  We rarely can do anything 

 2  alone in this world.  It takes help.  And you've 

 3  obviously gotten the right help from both your 

 4  families and your teachers.  So don't forget to 

 5  honor both of them when you get home.  

 6               In the meantime, congratulations.  

 7  Have a great day.  And God bless each and every 

 8  one of you.

 9               (Applause.)

10               ACTING PRESIDENT ROBACH:   Thank 

11  you.  

12               Again, on behalf of Senator 

13  Bonacic, Senator DeFrancisco, Senator Fuschillo, 

14  Senator Marcellino and all the members of the 

15  Senate, we applaud the great work of you 

16  wonderful students.  Keep it up, and enjoy your 

17  visit here to the Capitol.

18               (Applause.)

19               ACTING PRESIDENT ROBACH:   Senator 

20  Libous.

21               SENATOR LIBOUS:   Thank you, 

22  Mr. President.

23               It is indeed great to be inspired 

24  by these young people with the great success that 

25  they've achieved so far, and Senator Bonacic 

                                                               3686

 1  bringing them here today.

 2               Moving along on the agenda, we now 

 3  have a privileged resolution by Senator Larkin at 

 4  the desk.  Could we have the title read, and I 

 5  believe Senator Larkin would like to be called on 

 6  before its adoption.

 7               ACTING PRESIDENT ROBACH:   The 

 8  Secretary will read.

 9               THE SECRETARY:   Legislative 

10  resolution by Senator Larkin honoring the 

11  veterans participating in Honor Flight by the 

12  Hudson Valley Chapter of Honor Flight on June 9, 

13  2012.

14               ACTING PRESIDENT ROBACH:   Senator 

15  Larkin.

16               SENATOR LARKIN:   Thank you very 

17  much, Mr. President.  

18               We started today off in memory of 

19  the 68th anniversary of D-Day.  This flight that 

20  we're taking on Saturday is taking 100 World War 

21  II veterans, taking them to Washington, D.C., so 

22  they can visit the World War II memorial.

23               This is special.  This project was 

24  started by an Air Force captain, Richard Morse, 

25  27 years ago when he started taking one or two 

                                                               3687

 1  individuals to memorials around the country.  

 2  He's since passed away, but now this has taken 

 3  air across the nation, not just here in 

 4  New York.  

 5               But this is an opportunity for many 

 6  of these people.  Approximately 30 of them will 

 7  be in wheelchairs.  Some of them have -- these 

 8  are not lately wounds, injuries, these are wounds 

 9  of World War II.  This will give these 

10  individuals the opportunity as they look at the 

11  memorial, the pictures I've seen of it, of the 

12  different battles in World War II, whether they 

13  were in Europe or the South Pacific, whether they 

14  were in North Africa or wherever.

15               But this is a time we should take a 

16  few moments and just realize what World War II 

17  veterans were all about.  The Veterans 

18  Administration and the Department of Defense are 

19  reporting that there's 1,000 World War II 

20  veterans dying every day.  

21               And I think we should take a moment 

22  and remember them.  Because somebody in your 

23  family, whether it's aunt, uncle, cousin, nephew, 

24  was part of that.  And we wouldn't be the nation 

25  we are today if it weren't for those veterans of 

                                                               3688

 1  World War II.

 2               I'm honored to be a World War II 

 3  veteran, and I'll be on that flight on Saturday.  

 4  And I can't wait to go through some of the issues 

 5  that we see down there and refer to our battles 

 6  for this great country.  

 7               Thank you very much.

 8               ACTING PRESIDENT ROBACH:   Thank 

 9  you, Senator Larkin.

10               (Applause.)

11               ACTING PRESIDENT ROBACH:   The 

12  question is on the resolution.  All in favor 

13  signify by saying aye.

14               (Response of "Aye.")

15               ACTING PRESIDENT ROBACH:   Opposed, 

16  nay.

17               (No response.)

18               ACTING PRESIDENT ROBACH:   The 

19  resolution is adopted.

20               Senator Libous.

21               SENATOR LIBOUS:   Thank you, 

22  Mr. President.  At this time I have a couple of 

23  motions.  

24               On behalf of Senator LaValle, I 

25  wish to call up his bill, Print Number 6451, 

                                                               3689

 1  recalled from the Assembly, which is now at the 

 2  desk.

 3               ACTING PRESIDENT ROBACH:   The 

 4  Secretary will read.

 5               THE SECRETARY:   Calendar Number 

 6  694, by Senator LaValle, Senate Print 6451, an 

 7  act to authorize the Town of East Hampton.

 8               SENATOR LIBOUS:   I now move to 

 9  reconsider the vote by which this bill was 

10  passed.

11               ACTING PRESIDENT ROBACH:   The 

12  Secretary will call the roll on reconsideration.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 54.

15               SENATOR LIBOUS:   Mr. President, I 

16  offer up the following amendments.

17               ACTING PRESIDENT ROBACH:   The 

18  amendments are received.

19               Senator Libous.

20               SENATOR LIBOUS:   On behalf of 

21  Senator Flanagan, Mr. President, on page 30 I 

22  offer the following amendments to Calendar Number 

23  502, Senate Print 5691A, and ask that said bill 

24  retain its place on the Third Reading Calendar.

25               ACTING PRESIDENT ROBACH:   The 

                                                               3690

 1  amendments are received, and the bill will retain 

 2  its place on Third Reading Calendar.

 3               SENATOR LIBOUS:   Mr. President, at 

 4  this time I am going to call an immediate meeting 

 5  of the Finance Committee in Room 332.  

 6               But I want to also let members who 

 7  are not on the Finance Committee know that we 

 8  will continue and begin doing the 

 9  noncontroversial reading of the calendar, and 

10  then we will wait for the Finance Committee to 

11  come back before we do nominations and possibly 

12  one or two other bills.  

13               So we will do the noncontroversial 

14  reading, but there will be an immediate meeting 

15  of the Finance Committee immediately in Room 332.

16               ACTING PRESIDENT ROBACH:    

17  Immediate meeting of the Finance Committee in 

18  Room 332.

19               ACTING PRESIDENT O'MARA:   Senator 

20  Libous.  

21               SENATOR LIBOUS:   Mr. President, 

22  could we begin the noncontroversial reading of 

23  the calendar at this time.

24               ACTING PRESIDENT O'MARA:   The 

25  Secretary will read.

                                                               3691

 1               THE SECRETARY:   Calendar Number 

 2  556, substituted earlier by Member of the 

 3  Assembly Pretlow, Assembly Print 9292, an act to 

 4  amend the Local Finance Law.

 5               ACTING PRESIDENT O'MARA:   There is 

 6  a home-rule message at the desk.

 7               Read the last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT O'MARA:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 53.  Nays, 

14  1.  Senator Ball recorded in the negative.  

15               ACTING PRESIDENT O'MARA:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  669, by Senator Marcellino, Senate Print 4088A, 

19  an act to amend the Tax Law.

20               ACTING PRESIDENT O'MARA:   Read the 

21  last section.

22               THE SECRETARY:   Section 4.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT O'MARA:   Call the 

25  roll.

                                                               3692

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 54.

 3               ACTING PRESIDENT O'MARA:   The bill 

 4  is passed.

 5               THE SECRETARY:   Calendar Number 

 6  697, substituted earlier by Member of the 

 7  Assembly Schimel, Assembly Print Number 9816, an 

 8  act to amend Chapter 602 of the Laws of 1993.

 9               ACTING PRESIDENT O'MARA:   Read the 

10  last section.

11               THE SECRETARY:   Section 2.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT O'MARA:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 54.

17               ACTING PRESIDENT O'MARA:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  704, by Senator Sampson, Senate Print 1701, an 

21  act to amend the Penal Law.

22               ACTING PRESIDENT O'MARA:   Read the 

23  last section.

24               THE SECRETARY:   Section 4.  This 

25  act shall take effect on the 90th day.

                                                               3693

 1               ACTING PRESIDENT O'MARA:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 54.

 5               ACTING PRESIDENT O'MARA:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  714, by Senator Bonacic, Senate Print 4879, an 

 9  act to amend the Education Law.

10               ACTING PRESIDENT O'MARA:   Read the 

11  last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect immediately.

14               ACTING PRESIDENT O'MARA:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 54.

18               ACTING PRESIDENT O'MARA:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  718, by Senator Bonacic, Senate Print 2142A, an 

22  act to amend the County Law.

23               ACTING PRESIDENT O'MARA:   Read the 

24  last section.

25               THE SECRETARY:   Section 3.  This 

                                                               3694

 1  act shall take effect immediately.

 2               ACTING PRESIDENT O'MARA:   Call the 

 3  roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 54.

 6               ACTING PRESIDENT O'MARA:   The bill 

 7  is passed.

 8               THE SECRETARY:   Calendar Number 

 9  740, by Senator Young, Senate Print 7408 --

10               SENATOR LIBOUS:   Lay it aside for 

11  the day, please.

12               ACTING PRESIDENT O'MARA:   The bill 

13  is laid aside for the day.

14               THE SECRETARY:   Calendar Number 

15  753, by Senator Grisanti, Senate Print 7277A, an 

16  act to amend the Agriculture and Markets Law.

17               ACTING PRESIDENT O'MARA:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect on the 180th day.

21               ACTING PRESIDENT O'MARA:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               ACTING PRESIDENT O'MARA:   Senator 

25  Grisanti to explain his vote.

                                                               3695

 1               SENATOR GRISANTI:   Yes, 

 2  Mr. President, just a quick explanation.  Because 

 3  I think that this bill is most important to 

 4  consumers here of New York State.

 5               This bill amends the exemption 

 6  provisions contained within the unit pricing laws 

 7  to require unit pricing disclosure in chain 

 8  stores selling more than $2.5 million of consumer 

 9  commodities per year.  

10               Now, if nobody understands what 

11  that is, when you're buying a product it will 

12  have that little tag, and it will let you know 

13  that smaller unit price that's next to the actual 

14  price of the product.  What's happening is in 

15  some of these stores they may be selling a 

16  10-ounce brand, a 12-ounce brand or another brand 

17  without letting you know the better value of what 

18  price that product is -- naturally, so they can 

19  make money.  

20               But the unit pricing is 

21  particularly important today because some of 

22  these grocery stores no longer sell products in 

23  these standard sizes, as you may know.  So 

24  consumers are faced now with a confusing array of 

25  packages from coffee, ice cream, tuna fish, 

                                                               3696

 1  cosmetics, soaps, dog food, paper products.  

 2               This law provides the only real 

 3  means of consumers to find the best value between 

 4  the brands and the consumer sizes, to help 

 5  consumers save money.

 6               They've received a number of 

 7  complaints from the Department of Agriculture and 

 8  Markets, and this will hopefully remedy that.  

 9  It's a good bill.  It's got support from the food 

10  industry.  The Retail Council is neutral, as well 

11  as some other stores.  

12               So I vote aye, Mr. President.  

13  Thank you very much.

14               ACTING PRESIDENT O'MARA:   Thank 

15  you.  Senator Grisanti, you will be recorded in 

16  the affirmative.

17               Announce the results.

18               THE SECRETARY:   Ayes, 54.

19               ACTING PRESIDENT O'MARA:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  781, by Senator Zeldin, Senate Print 7322A, an 

23  act to amend the Highway Law. 

24               ACTING PRESIDENT O'MARA:   Read the 

25  last section.

                                                               3697

 1               THE SECRETARY:   Section 3.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT O'MARA:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 54.

 7               ACTING PRESIDENT O'MARA:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  786, by Senator Bonacic, Senate Print 6618, an 

11  act to amend the Judiciary Law.

12               ACTING PRESIDENT O'MARA:   Read the 

13  last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT O'MARA:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 54.

20               ACTING PRESIDENT O'MARA:   The bill 

21  is passed.

22               THE SECRETARY:   Calendar Number 

23  804, substituted earlier by Member of the 

24  Assembly Schimminger, Assembly Print 9454, an act 

25  to amend Chapter 396 of the Laws of 2010.

                                                               3698

 1               ACTING PRESIDENT O'MARA:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT O'MARA:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 51.  Nays, 

 9  3.  Senators Duane, Montgomery and Perkins 

10  recorded in the negative.

11               ACTING PRESIDENT O'MARA:   The bill 

12  is passed.

13               THE SECRETARY:   Calendar Number 

14  858, by Senator Young, Senate Print --

15               SENATOR LIBOUS:   Lay it aside for 

16  the day.

17               ACTING PRESIDENT O'MARA:   The bill 

18  is laid aside for the day.

19               THE SECRETARY:   Calendar Number 

20  860, by Senator Little, Senate Print 6851, an act 

21  to amend the Alcoholic Beverage Control Law.

22               ACTING PRESIDENT O'MARA:   Read the 

23  last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect immediately.

                                                               3699

 1               ACTING PRESIDENT O'MARA:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 54.

 5               ACTING PRESIDENT O'MARA:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  875, substituted earlier by Member of the 

 9  Assembly Morelle, Assembly Print 9948, an act to 

10  amend Chapter 371 of the Laws of 2009.

11               ACTING PRESIDENT O'MARA:   Read the 

12  last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect immediately.

15               ACTING PRESIDENT O'MARA:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 54.

19               ACTING PRESIDENT O'MARA:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  886, by Senator Lanza, Senate Print 4505, an act 

23  to amend the Public Officers Law.

24               ACTING PRESIDENT O'MARA:   Read the 

25  last section.

                                                               3700

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect on the 60th day.

 3               ACTING PRESIDENT O'MARA:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 54.

 7               ACTING PRESIDENT O'MARA:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  896, by Senator Ball, Senate Print 6799, an act 

11  to amend the Vehicle and Traffic Law.

12               ACTING PRESIDENT O'MARA:   Read the 

13  last section.

14               THE SECRETARY:   Section 4.  This 

15  act shall take effect one year after it shall 

16  have become law.

17               ACTING PRESIDENT O'MARA:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 54.

21               ACTING PRESIDENT O'MARA:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  897, by Senator Farley, Senate Print 5144, an act 

25  to amend the Banking Law.

                                                               3701

 1               ACTING PRESIDENT O'MARA:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 3.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT O'MARA:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 54.

 9               ACTING PRESIDENT O'MARA:   The bill 

10  is passed.

11               THE SECRETARY:   Calendar Number 

12  903, substituted earlier by Member of the 

13  Assembly Thiele, Assembly Print 8843B, an act to 

14  amend the Local Finance Law.

15               ACTING PRESIDENT O'MARA:   There is 

16  a home-rule message at the desk.

17               Read the last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT O'MARA:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 54.

24               ACTING PRESIDENT O'MARA:   The bill 

25  is passed.

                                                               3702

 1               THE SECRETARY:   Calendar Number 

 2  905, by Senator Little, Senate Print 6501, an act 

 3  to amend Chapter 326 of the Laws of 2006.

 4               ACTING PRESIDENT O'MARA:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 2.  This 

 7  act shall take effect immediately.

 8               ACTING PRESIDENT O'MARA:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 52.  Nays, 

12  2.  Senators Ball and Bonacic recorded in the 

13  negative.

14               ACTING PRESIDENT O'MARA:   The bill 

15  is passed.

16               THE SECRETARY:   Calendar Number 

17  906, by Senator Hannon, Senate Print 6700, an act 

18  to authorize the assessor.

19               ACTING PRESIDENT O'MARA:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT O'MARA:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               3703

 1               THE SECRETARY:   Ayes, 51.  Nays, 

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

 3  in the negative.

 4               ACTING PRESIDENT O'MARA:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  908, substituted earlier by Member of the 

 8  Assembly Thiele, Assembly Print Number 9660, an 

 9  act to amend the Village Law.

10               ACTING PRESIDENT O'MARA:   Read the 

11  last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect immediately.

14               ACTING PRESIDENT O'MARA:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 54.

18               ACTING PRESIDENT O'MARA:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  909, by Senator Nozzolio, Senate Print 6834A, an 

22  act to validate certain findings.

23               ACTING PRESIDENT O'MARA:   There is 

24  a home-rule message at the desk.

25               Read the last section.

                                                               3704

 1               THE SECRETARY:   Section 5.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT O'MARA:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 53.  Nays, 

 7  1.  Senator Ball recorded in the negative.  

 8               ACTING PRESIDENT O'MARA:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  910, by Senator Marcellino, Senate Print 6906A, 

12  an act to authorize the assessor.

13               ACTING PRESIDENT O'MARA:   Read the 

14  last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT O'MARA:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 51.  Nays, 

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

22  in the negative.

23               ACTING PRESIDENT O'MARA:   The bill 

24  is passed.

25               THE SECRETARY:   Calendar Number 

                                                               3705

 1  911, by Senator Hannon, Senate Print 6913, an act 

 2  to authorize the assessor.

 3               ACTING PRESIDENT O'MARA:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 2.  This 

 6  act shall take effect immediately.

 7               ACTING PRESIDENT O'MARA:   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 O'MARA:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  912, by Senator Farley, Senate Print 6997A, an 

17  act to authorize the assessor.

18               ACTING PRESIDENT O'MARA:   Read the 

19  last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT O'MARA:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 51.  Nays, 

                                                               3706

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

 2  in the negative.

 3               ACTING PRESIDENT O'MARA:   The bill 

 4  is passed.

 5               THE SECRETARY:   Calendar Number 

 6  915, by Senator Nozzolio, Senate Print 7291, an 

 7  act to authorize the Town of Lodi.

 8               ACTING PRESIDENT O'MARA:   Read the 

 9  last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect immediately.

12               ACTING PRESIDENT O'MARA:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 54.

16               ACTING PRESIDENT O'MARA:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  916, by Senator Hannon, Senate Print 7320A, an 

20  act to authorize Monica's Manor, Inc. 

21               ACTING PRESIDENT O'MARA:   Read the 

22  last section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT O'MARA:   Call the 

                                                               3707

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 51.  Nays, 

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

 5  in the negative.

 6               ACTING PRESIDENT O'MARA:   The bill 

 7  is passed.

 8               THE SECRETARY:   Calendar Number 

 9  960, substituted earlier by Member of the 

10  Assembly Aubry, Assembly Print 10076, an act to 

11  amend the Civil Service Law.

12               ACTING PRESIDENT O'MARA:   Read the 

13  last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT O'MARA:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 54.

20               ACTING PRESIDENT O'MARA:   The bill 

21  is passed.

22               Senator Libous.

23               SENATOR LIBOUS:   Mr. President, 

24  Number 1113, we'll just lay it aside temporarily.

25               ACTING PRESIDENT O'MARA:   Calendar 

                                                               3708

 1  Number 1113 will be laid aside temporarily.

 2               SENATOR LIBOUS:   Mr. President.

 3               ACTING PRESIDENT O'MARA:   Senator 

 4  Libous.

 5               SENATOR LIBOUS:   Thank you, sir.  

 6               We're at ease, but I would tell 

 7  members not to stray far from the chamber.  As 

 8  soon as Finance comes back, we'll take up this 

 9  last bill, we'll do the nominations, and we'll do 

10  whatever we have to do after that. 

11               ACTING PRESIDENT O'MARA:   The 

12  Senate will stand at ease for a short period of 

13  time.  Please do not stray too far.

14               (Whereupon, the Senate stood at ease 

15  at 11:49 a.m.)

16               (Whereupon, the Senate reconvened at 

17  12:03 p.m.)

18               ACTING PRESIDENT O'MARA:   The 

19  Senate will come to order.

20               Senator Libous.

21               SENATOR LIBOUS:   Thank you, 

22  Mr. President.  

23               Mr. President, at this time, with 

24  consent of Acting Minority Leader Breslin, if you 

25  could call on Senator Martins for the purposes of 

                                                               3709

 1  a statement.

 2               ACTING PRESIDENT O'MARA:   Senator 

 3  Martins.

 4               SENATOR MARTINS:   Mr. President, 

 5  it's my honor and privilege to recognize a part 

 6  of our community, future leaders of our 

 7  community, the fourth-grade class of the Hampton 

 8  Street School from the great Village of Mineola.  

 9               This particular school is 

10  especially near and dear to my heart, as, 

11  Mr. President, I'm sure you've all heard the term 

12  and the phrase that "everything you need to know 

13  in life you learned in kindergarten."  Well, 

14  Hampton Street is the school where I attended 

15  kindergarten.  

16               So we share a common bond with 

17  these fourth-graders who came here to see how 

18  state government operates and are visiting us 

19  here today.  They will be visiting other parts of 

20  the Capitol and certainly partaking in all that 

21  the Albany region has to offer.  But I want to 

22  take the opportunity to salute the school, salute 

23  the students, and wish them good luck.  

24               Thank you, Mr. President.  I want 

25  to thank my colleagues for your indulgence.  

                                                               3710

 1               Thank you.  

 2               ACTING PRESIDENT O'MARA:   Thank 

 3  you, Senator Martins.  

 4               And welcome to you fourth-graders 

 5  to the Capitol today.  It's a pleasure to have 

 6  you here; thank you for coming.  And I hope you 

 7  enjoy your tour around the Capitol today.

 8               (Applause.)

 9               SENATOR LIBOUS:   Mr. President.

10               ACTING PRESIDENT O'MARA:   Senator 

11  Libous.

12               SENATOR LIBOUS:   We laid aside 

13  Calendar Number 1113, noncontroversial.  If we 

14  could take that up right now.

15               ACTING PRESIDENT O'MARA:   The 

16  Secretary will read.

17               THE SECRETARY:   Calendar Number 

18  1113, by Senator LaValle, Senate Print 7447, an 

19  act to amend the Real Property Tax Law.

20               ACTING PRESIDENT O'MARA:   Read the 

21  last section.

22               THE SECRETARY:   Section 4.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT O'MARA:   Call the 

25  roll.

                                                               3711

 1               (The Secretary called the roll.)

 2               ACTING PRESIDENT O'MARA:   Senator 

 3  LaValle to explain his vote.  

 4               SENATOR LaVALLE:   Thank you, 

 5  Mr. President.  

 6               At a time when people are being 

 7  crushed by high real property taxes, people 

 8  fleeing the state, in spite of all the things 

 9  that we have been doing, including the 2 percent 

10  property tax cap, this legislation begins a 

11  process to restore the STAR rebate checks, 

12  starting with the seniors this year and then 

13  moving out those nonseniors who are eligible for 

14  the STAR program.

15               So in the first year, if you're 

16  part of the STAR enhancement program, you could 

17  begin to see some benefits, some relief this 

18  year.

19               I vote in the affirmative.

20               ACTING PRESIDENT O'MARA:   Senator 

21  LaValle to be recorded in the affirmative.

22               Senator Zeldin to explain your 

23  vote.

24               SENATOR ZELDIN:   Thank you.  

25               And thank you to Senator LaValle 

                                                               3712

 1  for bringing this to the floor today.  I stand in 

 2  strong support.  

 3               This entire term, my first term in 

 4  office really has been about keeping the 

 5  commitment.  And I know it's been the same 

 6  commitment for many of my colleagues.  

 7               Back during my campaign when I was 

 8  first running for office, we were talking about 

 9  some of the really ill-informed decisions made by 

10  the former majority of this house in 2009 and 

11  2010 -- in imposing a MTA payroll tax, in 

12  creating a saltwater fishing license and fee for 

13  all of my constituents, tens of thousands of Long 

14  Islanders, and for repealing the STAR rebate 

15  check.  

16               The property tax increases on 

17  Long Island and all across this state simply are 

18  unsustainable.  And it sends a very strong 

19  message to everyone in this house and all across 

20  Albany that Long Island and the suburbs and rural 

21  areas of the state will be not looked at as an 

22  ATM machine for some ill-informed policies.  

23               I want to thank Senator Skelos as 

24  well as for bringing this bill to the floor for a 

25  vote.  I'm very proud of this first term that 

                                                               3713

 1  I've had working with my fellow colleagues.  We 

 2  passed two on-time budgets.  We balanced a 

 3  deficit that was inherited when we came into 

 4  office.  We worked together with the Governor, 

 5  with Governor Cuomo, to make sure that we were 

 6  moving our state forward.

 7               But passing this particular bill of 

 8  Senator LaValle today sends a very important 

 9  message that this conference, this Republican 

10  conference is going to do everything in our power 

11  to stand up for the taxpayers, stand up for the 

12  property taxpayers of the Third Senate District 

13  and all over the state.  

14               I strongly support this bill, and I 

15  thank Senator LaValle for his sponsorship.  

16               ACTING PRESIDENT O'MARA:   Thank 

17  you, Senator Zeldin.  You will be recorded in the 

18  affirmative.  

19               Senator Ranzenhofer to explain your 

20  vote.

21               SENATOR RANZENHOFER:   Thank you.  

22               Just briefly, I'd also like to 

23  commend Senator LaValle and also working with 

24  Senator Zeldin to pass a STAR rebate bill.  

25               The relief that is needed is 

                                                               3714

 1  insufficient without a STAR rebate check.  This 

 2  was taken away from homeowners in my community 

 3  four years ago.  Property taxes continue to rise, 

 4  from young families to seniors that are 

 5  struggling to stay in their homes.  We need to 

 6  provide these STAR rebate checks for our 

 7  community.  

 8               The plan outlined in this bill is 

 9  very comprehensive.  It's adaptive based on your 

10  income.  And it's necessary.  It is about time 

11  that we take part of the largest property tax 

12  burden that property taxpayers have to pay, which 

13  is the school property tax.  I vote aye.

14               ACTING PRESIDENT O'MARA:   Thank 

15  you, Senator Ranzenhofer.  You'll be recorded in 

16  the affirmative.  

17               Senator Ritchie to explain her 

18  vote.

19               SENATOR RITCHIE:   Property taxes 

20  in our state are too high.  They're higher than 

21  in many other states.  Not a single day goes by 

22  that I don't hear from one of my constituents, 

23  whether it's one of the letters that come in, or 

24  I hear from them when I'm out on the street.  

25               Many times they're telling me about 

                                                               3715

 1  family homes that they've lived in for a number 

 2  of years that they're now going to have to sell 

 3  because they can't continue to pay the same 

 4  property taxes that's increased year after year.  

 5               So this is the second time I've 

 6  been able to vote aye on restoring the property 

 7  tax cap.  I'm pleased to be able to do that.  I 

 8  hope the Assembly will take up this bill and give 

 9  the hardworking property taxpayers the relief 

10  that they so desperately need.  

11               So, Mr. President, I vote aye on 

12  the bill.

13               ACTING PRESIDENT O'MARA:   Thank 

14  you, Senator Ritchie.  You'll be recorded from 

15  the affirmative.

16               Seeing no other Senators wishing to 

17  be heard, the Secretary will announce the result.

18               THE SECRETARY:   Ayes, 57.

19               ACTING PRESIDENT O'MARA:   The bill 

20  is passed.

21               SENATOR LIBOUS:   Mr. President, at 

22  this time can we return to the reports of 

23  standing committees.  I believe there's a report 

24  of the Finance Committee at the desk.

25               ACTING PRESIDENT O'MARA:   Reports 

                                                               3716

 1  of standing committees.  

 2               The Secretary will read.

 3               THE SECRETARY:   Senator 

 4  DeFrancisco, from the Committee on Finance, 

 5  reports the following nomination.

 6               As a member of the State Board of 

 7  Real Property Tax Services, Matthew W. Rand, of 

 8  West Nyack.

 9               ACTING PRESIDENT O'MARA:   Senator 

10  DeFrancisco.

11               SENATOR DeFRANCISCO:   Yes.  In 

12  moving this nomination, I'd just like to speak 

13  generally on the five individuals who are being 

14  nominated for various positions or for a 

15  promotion, in the case of the last nominee.

16               You know, the Governor has again 

17  outdone himself with outstanding people with 

18  incredible credentials and, most importantly, 

19  people that are willing to serve and have a 

20  history of serving our great state and the 

21  communities in which they live.  And for each of 

22  those individuals I would urge their adoption.  

23               So as to the first nominee, Matthew 

24  W. Rand, as a member of the State Board of Real 

25  Property Tax Services, I move the nomination.

                                                               3717

 1               ACTING PRESIDENT O'MARA:   Senator 

 2  Martins on the nomination.

 3               SENATOR MARTINS:   Thank you, 

 4  Mr. President.

 5               I am pleased to second the 

 6  nomination.  I again want to commend the Governor 

 7  on a wonderful selection, a wonderful nomination 

 8  for the Real Property Services Board.  

 9               Matthew Rand is a member of the 

10  Rockland community.  He is the managing partner 

11  of a company, a top 60 in the country real estate 

12  company that represents and has listings in the 

13  entire Lower Hudson Valley.  He's a family 

14  member, a father, a husband.  But equally as 

15  important to the task at hand and the services 

16  that he will be providing, he's a person that 

17  gives back to the community, with the American 

18  Red Cross, working with People to People, a food 

19  pantry in Rockland County, as well as 

20  Leadership Rockland.

21               This is a person who cares, a 

22  person who's willing to serve.  And I'm looking 

23  forward to many years of service from Mr. Rand.  

24  I'm honored to second the nomination.

25               Thank you, Mr. President.

                                                               3718

 1               ACTING PRESIDENT O'MARA:   Thank 

 2  you, Senator Martins.

 3               Senator Carlucci on the nomination.

 4               SENATOR CARLUCCI:   Thank you, 

 5  Mr. President.

 6               I want to echo what my colleagues 

 7  have said and thank Governor Cuomo for putting 

 8  forth such an excellent candidate to serve on the 

 9  Real Property Board for New York State.  

10               This is exactly the type of person 

11  that we need serving in New York State 

12  government, someone that's helped build a 

13  company, someone that's participated.  In 2010, 

14  Matthew Rand's company had over $1.5 billion in 

15  real estate transactions right in the Hudson 

16  Valley.  And as Senator Martins had indicated, 

17  now his company is one of the 60 largest 

18  companies in the country dealing with real 

19  estate.

20               And I know Matt from involvement in 

21  the community.  Like Senator Martins had said, 

22  he's involved with People to People, which is a 

23  wonderful organization that helps feed people in 

24  Rockland County.  Served on the Red Cross, the 

25  Hudson Valley Red Cross, which is one of the 

                                                               3719

 1  largest chapters in the country.  

 2               So he's given back so much to our 

 3  community.  But most importantly, he's got a 

 4  smart business sense, and I think he's going to 

 5  help this board to move into the 21st century and 

 6  make sure that we keep up with what needs to get 

 7  done in New York.

 8               So I'm honored and thrilled to 

 9  support Matthew Rand, and I again thank the 

10  Governor for this nomination.

11               Thank you, Mr. President.

12               ACTING PRESIDENT O'MARA:   Thank 

13  you, Senator Carlucci.

14               Senator Stavisky on the nomination.

15               SENATOR STAVISKY:   Thank you, 

16  Mr. President.  

17               And I too want to commend the 

18  Governor on this appointment.

19               Mr. Rand's service to the American 

20  Red Cross, particularly during times of disaster, 

21  is well known throughout the Northeast area.  And 

22  this demonstrates his concern for others.  

23               The Hudson Valley Economic 

24  Development Corporation demonstrates his 

25  knowledge of the local economy and how small 

                                                               3720

 1  business is at the heart of our economic recovery 

 2  system and job creation is certainly key.

 3               So I congratulate Matt Rand on his 

 4  nomination, and I'm delighted that he has chosen 

 5  to participate in government activities.  I think 

 6  that we have to attract more people who are 

 7  active in the community but also demonstrate a 

 8  concern for others and a knowledge of government 

 9  and are willing to put their experience forward 

10  so that other people may benefit.

11               Thank you, Mr. President.

12               ACTING PRESIDENT O'MARA:   Thank 

13  you, Senator.

14               Seeing no other Senator wishing to 

15  be heard, the question is on the confirmation of 

16  Matthew W. Rand as a member of the State Board of 

17  Real Property Tax Services.

18               All in favor signify by saying aye.

19               (Response of "Aye.")

20               ACTING PRESIDENT O'MARA:   Opposed, 

21  nay.

22               (No response.)

23               ACTING PRESIDENT O'MARA:   Matthew 

24  W. Rand is hereby confirmed as a member of the 

25  State Board of Real Property Tax Services.

                                                               3721

 1               Congratulations.

 2               (Applause.)

 3               ACTING PRESIDENT O'MARA:   The 

 4  Secretary will read.

 5               THE SECRETARY:   As commissioner of 

 6  the Port Authority of New York and New Jersey, 

 7  Scott Howard Rechler, of Old Brookville.

 8               ACTING PRESIDENT O'MARA:   Senator 

 9  DeFrancisco.

10               SENATOR DeFRANCISCO:   I move the 

11  nomination.

12               ACTING PRESIDENT O'MARA:   Senator 

13  Hannon on the nomination.

14               SENATOR HANNON:   Yes, I'd just 

15  like to speak to commend to this body Scott 

16  Rechler, who is an active participant in the 

17  business community, especially on Long Island, 

18  brings a great seriousness of purpose and 

19  intelligence to every project he does, and I 

20  think is the type of individual we need to 

21  continue on the Port Authority.  

22               So I commend him to this body.

23               ACTING PRESIDENT O'MARA:   Thank 

24  you, Senator.

25               Senator Fuschillo.

                                                               3722

 1               SENATOR FUSCHILLO:   Thank you very 

 2  much, Mr. President.  

 3               The Transportation Committee met 

 4  this morning and unanimously approved the 

 5  nomination to be referred to the Finance 

 6  Committee, which has subsequently approved it as 

 7  well.

 8               I want to thank Scott Rechler for 

 9  once again having the willingness to serve the 

10  people of New York State and New Jersey as well.  

11  He has been a commissioner for the last eight 

12  months and has done an outstanding job.  But he 

13  brought the private experience that was necessary 

14  to reform the Port Authority.  

15               The media reports and the actions 

16  of the Port Authority in the last couple of years 

17  have been quite frankly a disgrace.  We have seen 

18  cost overruns, mismanagement, fraud, waste and 

19  abuse.  There's a new executive director there, 

20  and there's a new board.  And Scott Rechler is a 

21  breath of fresh air.  He's certainly brought the 

22  Port Authority back on the right track.  

23               I support his nomination, and I 

24  want to thank Governor Cuomo for submitting it.

25               ACTING PRESIDENT O'MARA:   Thank 

                                                               3723

 1  you, Senator Fuschillo.

 2               Senator Zeldin on the nomination.

 3               SENATOR ZELDIN:   I'd like to also 

 4  commend Governor Cuomo on his excellent 

 5  nomination, reappointment of Scott Rechler.  

 6               Really all across the state we have 

 7  a lot of startup business owners, they're 

 8  inspired, they start new companies, and really 

 9  they look to someone like Scott Rechler as 

10  everything that they want to achieve to define 

11  success.  

12               And right now, as we're trying to 

13  improve the business climate of this state in 

14  New York, on Long Island we are so fortunate to 

15  have leaders like Mr. Rechler, who really has 

16  done just so much to help the community, to 

17  create jobs and really contribute to the vibrancy 

18  of our economy.  

19               And we're just very fortunate to 

20  have you, your willingness to participate in 

21  government, to find the time with all of your 

22  duties leading such a great company.  

23               And I just want to also commend -- 

24  once again, it's a great reappointment by 

25  Governor Cuomo, and I stand in support.

                                                               3724

 1               ACTING PRESIDENT O'MARA:   Thank 

 2  you, Senator Zeldin.

 3               The question is on the nomination 

 4  of Scott Howard Rechler as a commissioner of the 

 5  Port Authority of New York and New Jersey.  All 

 6  in favor signify by saying aye.

 7               (Response of "Aye.")

 8               ACTING PRESIDENT O'MARA:   Opposed, 

 9  nay.

10               (No response.)

11               ACTING PRESIDENT O'MARA:   Scott 

12  Howard Rechler is hereby confirmed as a 

13  commissioner of the Port Authority of New York 

14  and New Jersey.  

15               Congratulations.

16               (Applause.)

17               ACTING PRESIDENT O'MARA:   The 

18  Secretary will read.

19               THE SECRETARY:   As commissioner of 

20  the Port Authority of New York and New Jersey, 

21  James P. Rubin, of New York.

22               ACTING PRESIDENT O'MARA:   Senator 

23  Libous.

24               SENATOR LIBOUS:   Mr. President, at 

25  this time I move the nomination of James P. Rubin 

                                                               3725

 1  for commissioner of the Port Authority of 

 2  New York and New Jersey.

 3               ACTING PRESIDENT O'MARA:   Senator 

 4  Fuschillo on the nomination.

 5               SENATOR FUSCHILLO:   Mr. President, 

 6  I just want to rise and once again compliment 

 7  Governor Cuomo for this fine nomination.  

 8               I had the privilege and honor of 

 9  meeting Jamie Rubin earlier today before the 

10  Transportation Committee, and he brings a vast 

11  worldwide experience to this Port Authority board 

12  as a commissioner.  

13               And I'm confident, as I am about 

14  the continuation of Scott Rechler on the 

15  commission, and the next nominee, that Jamie 

16  Rubin will serve as a tremendous asset to the 

17  people of New York State and New Jersey.  And I 

18  thank him for his willingness to serve the people 

19  of New York State.  

20               I support the nomination, and I 

21  wish you the best of luck.

22               ACTING PRESIDENT O'MARA:   Thank 

23  you, Senator Fuschillo.

24               The question is on the nomination 

25  of James P. Rubin as a commissioner of the Port 

                                                               3726

 1  Authority of New York and New Jersey.  All in 

 2  favor signify by saying aye.

 3               (Response of "Aye.")

 4               ACTING PRESIDENT O'MARA:   Opposed, 

 5  nay.

 6               (No response.)

 7               ACTING PRESIDENT O'MARA:   James P. 

 8  Rubin is hereby confirmed as a commissioner of 

 9  the Port Authority of New York and New Jersey.  

10               Congratulations.

11               (Applause.)

12               ACTING PRESIDENT O'MARA:   The 

13  Secretary will read.

14               THE SECRETARY:   As commissioner of 

15  the Port Authority of New York and New Jersey, 

16  Rosanna Rosado, of White Plains.

17               ACTING PRESIDENT O'MARA:   Senator 

18  Libous.

19               SENATOR LIBOUS:   Mr. President, it 

20  is indeed a pleasure for me to move the 

21  nomination of Rosanna Rosado as a commissioner of 

22  the Port Authority for New York and New Jersey.

23               ACTING PRESIDENT O'MARA:   Senator 

24  Oppenheimer on the nomination.

25               SENATOR OPPENHEIMER:   This gives 

                                                               3727

 1  me a lot of pleasure, because many, many barriers 

 2  fell when Rosanna Rosado got there.  And she just 

 3  made the world a whole lot more equal -- more 

 4  equal for women, more equal for Latinas.  

 5               And she has a remarkable resume.  

 6  But I think the last year is the most 

 7  outstanding, because last summer she was promoted 

 8  to general manager and also appointed publisher 

 9  of El Diario.  And what an accomplishment.  She 

10  has led the way.  

11               And I must say she graduated from a 

12  very fine school in my district called White 

13  Plains University, where she now resides, in 

14  White Plains.  

15               And I am thrilled to be able to, 

16  first, make this announcement that she is a 

17  remarkable woman and has set the bar very high, 

18  and just to say I'm very proud that she's a 

19  constituent of mine.

20               Thank you.

21               ACTING PRESIDENT O'MARA:   Thank 

22  you, Senator.

23               Senator Stewart-Cousins on the 

24  nomination.

25               SENATOR STEWART-COUSINS:   Thank 

                                                               3728

 1  you, Mr. President.

 2               I also want to commend the Governor 

 3  on all of the fine nominees and really give a 

 4  special congratulations to my friend.  And Suzi 

 5  and I fight about her, I suppose, because I think 

 6  she's my constituent.

 7               But the fact that we all want to 

 8  claim Rosanna Rosado speaks volumes about who she 

 9  is.  Not only is she breaking barriers every day 

10  with her role with El Diario La Prensa, but she 

11  is going to be the only woman on the board and, 

12  again, the first Latina.  

13               And as I reminded my colleagues in 

14  the Finance Committee, she's also a New York 

15  State Woman of Distinction.

16               So we are really, really proud to 

17  have her serve on that board and wish her the 

18  best of luck.  Thank you.  

19               ACTING PRESIDENT O'MARA:   Thank 

20  you, Senator.

21               Senator Rivera on the nomination.

22               SENATOR RIVERA:   Thank you, 

23  Mr. President.

24               Well, Senator Stewart-Cousins, you 

25  and Suzi might fight over her being a 

                                                               3729

 1  constituent, and she can certainly move all over 

 2  the state, but she was only born in one place, 

 3  and that was the Bronx.  So I will take a little 

 4  bit of credit.

 5               (Laughter.)

 6               SENATOR RIVERA:   But in all 

 7  seriousness, I rise to also offer my support for 

 8  this nomination.  As both of my colleagues have 

 9  already pointed out, not only will she be the 

10  only woman on the Port Authority board but she 

11  also be the only Latina.  

12               And in the decisions that the 

13  Port Authority will have to make in years to 

14  come, I am very thankful that the Governor chose 

15  to make this nomination and that we are 

16  confirming her today.  Because she will be, as 

17  she has always been, a strong voice that will add 

18  diversity to that conversation.

19               And so when they are making 

20  decisions about how to allocate the resources 

21  that the Port Authority has, the decisions that 

22  they have to make every single day and every 

23  single year for years to come, she will be a 

24  strong voice in that conversation.  

25               And I am very thankful that the 

                                                               3730

 1  Governor has made this nomination, and I am very 

 2  proud to support this nomination today.

 3               Thank you, Mr. President.

 4               ACTING PRESIDENT O'MARA:   Thank 

 5  you, Senator Rivera.

 6               Senator Fuschillo on the 

 7  nomination.

 8               SENATOR FUSCHILLO:   Mr. President, 

 9  I also want to rise and congratulate the nominee 

10  and thank her for her willingness to serve.  

11               She brings so much energy to this 

12  authority, which is necessary.  Now, there may be 

13  a Bronx-Westchester battle, but she is a 

14  New Yorker first, and that's what's important.  

15               And I want to thank her for her 

16  willingness to serve, and I wish you, as I do the 

17  other nominees that have been confirmed, the best 

18  of luck.  

19               And do the right thing.  The Port 

20  Authority, as I mentioned, has had some blights 

21  and has some scars and some cuts.  It's time for 

22  a new era.  It's time for reforms and 

23  accountability and transparency.  

24               I fully support the nomination.  

25               Thank you very much.

                                                               3731

 1               ACTING PRESIDENT O'MARA:   Thank 

 2  you, Senator.

 3               Senator Hassell-Thompson on the 

 4  nomination.

 5               SENATOR HASSELL-THOMPSON:   Thank 

 6  you, Mr. Chairman.  

 7               I will keep the Bronx-Westchester 

 8  fight going by saying, as a representative of 

 9  both Bronx and Westchester, I wish to also add 

10  my congratulations to our nominee today.  

11               And you have heard and read quite a 

12  profile on her, but I think the thing that's most 

13  important, as we look at each of the agencies and 

14  how they function and how they represent in terms 

15  of contracts for minorities and women, it is very 

16  good to have someone like Ms. Rosado sitting in 

17  that seat.  Because when those determinations are 

18  made, her voice will certainly be heard, and 

19  that's her experience.  

20               And I certainly anticipate that she 

21  will continue to do that in this role, so for 

22  that I am very grateful.

23               Thank you, Mr. President.

24               ACTING PRESIDENT O'MARA:   Thank 

25  you, Senator.

                                                               3732

 1               Seeing no other Senator wishing to 

 2  be heard, the question is on the nomination of 

 3  Rosanna Rosado as a commissioner of the 

 4  Port Authority of New York and New Jersey.  All 

 5  those in favor signify by saying aye.

 6               (Response of "Aye.")

 7               ACTING PRESIDENT O'MARA:   Opposed, 

 8  nay.

 9               (No response.)

10               ACTING PRESIDENT O'MARA:   Rosanna 

11  Rosado is hereby confirmed as a commissioner of 

12  the Port Authority of New York and New Jersey.  

13               Congratulations.

14               (Applause.)

15               ACTING PRESIDENT O'MARA:   The 

16  Secretary will read.

17               THE SECRETARY:   As Major General, 

18  Verle L. Johnston, Jr., of New Windsor.

19               ACTING PRESIDENT O'MARA:   Senator 

20  Libous.

21               SENATOR LIBOUS:   Mr. President, I 

22  move the nomination of Verle L. Johnston, Jr., 

23  and I believe you want to call on Senator Larkin 

24  and then Senator Ball.

25               ACTING PRESIDENT O'MARA:   Senator 

                                                               3733

 1  Larkin on the nomination.

 2               SENATOR LARKIN:   Thank you, 

 3  Mr. President.

 4               You know, today we're very 

 5  fortunate in the State of New York and in this 

 6  nation.  We have an individual that is being 

 7  nominated to be the Air Guard commander.  It's a 

 8  tremendous responsibility.  

 9               But if you took time to look at his 

10  bio, you will find out that he is truly qualified 

11  for this position.  The position that he's going 

12  into, one of the requirements is that he must be 

13  federally certified.  That means this is coming 

14  all the way from Washington to us.

15               When you look at what he's done, I 

16  can understand every bit of it.  But when you 

17  take the last five and a half years that he's 

18  been at the 105th in Stewart Airport in Orange 

19  County, New York, his attitude, the training, the 

20  missions that they went through, the inspections 

21  that they took -- every one of them result in 

22  superior ratings.  The attitude of the troops, 

23  outstanding.  

24               Whenever there was an issue in the 

25  Valley, he turned the troops out, because the 

                                                               3734

 1  troops respected him.  He was a leader from the 

 2  time he graduated from the Air Force Academy.  

 3               And you look at his record, we are 

 4  honored.  We should be very thankful.  This is a 

 5  man that could have packed it in and said 

 6  goodbye, but he answered the call.  And he's 

 7  answered the call ever since '74 when he 

 8  graduated from the Air Force Academy.  

 9               I think we're very, very fortunate 

10  to have something like General Johnston.  

11               And, General, congratulations.  You 

12  deserved it and you earned it.

13               ACTING PRESIDENT O'MARA:   Thank 

14  you, Senator Larkin.

15               Senator Ball on the nomination.

16               SENATOR BALL:  General Johnston, 

17  those were the nicest things I've ever heard 

18  Colonel Larkin say about an Air Force guy.  

19               So please, from the bottom of my 

20  heart -- you know, he came up to me and another 

21  one of my colleagues and he said, "Boy, the 

22  standards have really gone down since 1974 at the 

23  Air Force Academy," pointing to me.  So I got to 

24  tell you, Colonel Larkin and I go round and round 

25  every day, especially when it comes around 

                                                               3735

 1  football season.  But we won't talk about that 

 2  right now.

 3               You know, the entity of which this 

 4  great man -- and I don't say that lightly.  

 5  General Johnston is absolutely the epitome of 

 6  what makes this nation great.  And the fact that 

 7  less than 1 percent, less than 1 percent of those 

 8  who are serving in uniform are making sure that 

 9  the rest of us are safe.  

10               This man is in charge of not only 

11  New York State but well and far beyond that, to 

12  make sure that all of us can rest at night.  And 

13  this enormous responsibility rests squarely on 

14  the shoulders of a man who is enormously capable, 

15  and the Governor should be applauded.

16               Furthermore, when you think about 

17  the institution over which he has command, when 

18  we talk about social upward mobility and giving 

19  young men and women, some of them from rural 

20  areas, some of them from the inner city, the 

21  opportunities to -- you know, to get the hair 

22  shaved off, they all wear a uniform, and they're 

23  judged upon nothing else but their ability, their 

24  character and their integrity.  

25               And, General, I rest at night and I 

                                                               3736

 1  thank God knowing, in your capability, that you 

 2  will have in your charge young men and women all 

 3  of whose parents and families love them very, 

 4  very dearly and know that their lives are in good 

 5  hands under your leadership.  

 6               God bless you, and go Air Force.

 7               ACTING PRESIDENT O'MARA:   Seeing 

 8  no other Senators wishing to be heard, the 

 9  question is on confirming the promotion of 

10  General Verle L. Johnston, Jr., to the title of 

11  Major General.  All those in favor signify by 

12  saying aye.  

13               (Response of "Aye.")

14               ACTING PRESIDENT O'MARA:   Opposed, 

15  nay.

16               (No response.)

17               ACTING PRESIDENT O'MARA:   Verle L. 

18  Johnston is confirmed in his promotion to 

19  Major General.  

20               Congratulations, Major General.

21               (Standing ovation.)

22               ACTING PRESIDENT O'MARA:   Senator 

23  Libous.

24               SENATOR LIBOUS:   Mr. President, I 

25  just want to congratulate all the nominees.  And 

                                                               3737

 1  certainly Governor Cuomo has done an outstanding 

 2  job and given us an outstanding group of 

 3  individuals to nominate today.

 4               Mr. President, if we could return 

 5  to motions for a moment, please.

 6               ACTING PRESIDENT O'MARA:   Motions 

 7  and resolutions.

 8               SENATOR LIBOUS:   On behalf of 

 9  Senator Saland, on page 21 I offer the following 

10  amendments to Calendar Number 190, Senate Print 

11  4873A, and ask that said bill retain its place on 

12  the Third Reading Calendar.

13               ACTING PRESIDENT O'MARA:   The 

14  amendments are received, and the bill will retain 

15  its place on the Third Reading Calendar.

16               SENATOR LIBOUS:   Mr. President, is 

17  there any further business at the desk at this 

18  time?  

19               ACTING PRESIDENT O'MARA:   There is 

20  none, Senator Libous.

21               SENATOR LIBOUS:   There being no 

22  further business, I move that the Senate adjourn 

23  until Monday, June 11th, at 3:00 p.m., and 

24  intervening days to be legislative days.

25               ACTING PRESIDENT O'MARA:   On 

                                                               3738

 1  motion, the Senate stands adjourned until Monday, 

 2  June 11th, at 3:00 p.m., intervening days being 

 3  legislative days.

 4               (Whereupon, at 12:32 p.m., the 

 5  Senate adjourned.)

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