Regular Session - June 13, 2012

                                                                   4037

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 13, 2012

11                     11:24 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  

                                                               4038

 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 their 

11  heads in a moment of silent reflection and 

12  prayer.

13               (Whereupon, the assemblage 

14  respected a moment of silence.)

15               ACTING PRESIDENT GRIFFO:   The 

16  reading of the Journal.

17               THE SECRETARY:   In Senate, 

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

19  adjournment.  The Journal of Monday, 

20  June 11th, was read and approved.  On motion, 

21  Senate adjourned.

22               ACTING PRESIDENT GRIFFO:    

23  Without objection, the Journal stands approved 

24  as read.

25               Presentation of petitions.

                                                               4039

 1               Messages from the Assembly.

 2               The Secretary will read.

 3               THE SECRETARY:   On page 25, 

 4  Senator Ball moves to discharge, from the 

 5  Committee on Agriculture, Assembly Bill Number 

 6  697D and substitute it for the identical 

 7  Senate Bill Number 7268A, Third Reading 

 8  Calendar 752.

 9               On page 42, Senator Klein moves 

10  to discharge, from the Committee on 

11  Agriculture, Assembly Bill Number 7502B and 

12  substitute it for the identical Senate Bill 

13  Number 5702A, Third Reading Calendar 1059.

14               On page 48, Senator DeFrancisco 

15  moves to discharge, from the Committee on 

16  Local Government, Assembly Bill Number 9945 

17  and substitute it for the identical Senate 

18  Bill Number 7037, Third Reading Calendar 1127.

19               And on page 49, Senator Saland 

20  moves to discharge, from the Committee on 

21  Local Government, Assembly Bill Number 10335 

22  and substitute it for the identical Senate 

23  Bill Number 7453, Third Reading Calendar 1133.

24               ACTING PRESIDENT GRIFFO:   The 

25  substitutions are so ordered.

                                                               4040

 1               Messages from the Governor.

 2               Reports of standing committees.

 3               Reports of select committees.

 4               Communications and reports from 

 5  state officers.

 6               Motions and resolutions.

 7               Senator Libous.

 8               SENATOR LIBOUS:   Mr. President, 

 9  at this time I am going to call an immediate 

10  meeting of the Rules Committee in Room 332.  

11  There will be an immediate meeting of the 

12  Rules Committee, but the Senate will remain 

13  convened and we'll take up some motions and 

14  resolutions that are before the house.  

15               And the goal is to do several 

16  Rules Committee reports today, keep the Senate 

17  moving and flowing as we did yesterday.  

18               And at this time there will be an 

19  immediate meeting of the Rules Committee, and 

20  I'll ask Senator DeFrancisco to keep the 

21  Senate convened.

22               ACTING PRESIDENT GRIFFO:   There 

23  is an immediate meeting for all members of the 

24  Rules Committee in Room 332.  

25               The Senate will remain in session 

                                                               4041

 1  and turn to motions and resolutions.

 2               Senator DeFrancisco.

 3               SENATOR DeFRANCISCO:   On behalf of 

 4  Senator Fuschillo, Mr. President, on page 16 I 

 5  offer the following amendments to Calendar 

 6  Number 513, Senate Print Number 595, and I ask 

 7  that the bill retain its place on the 

 8  Third Reading Calendar.

 9               ACTING PRESIDENT GRIFFO:   The 

10  amendments are received, and the bill will retain 

11  its place on the Third Reading Calendar.

12               SENATOR DeFRANCISCO:   Also on 

13  behalf of Senator Fuschillo, Mr. President, I 

14  wish to call up his bill, Print Number 4610, 

15  recalled from the Assembly, which is now at the 

16  desk.

17               ACTING PRESIDENT GRIFFO:   The 

18  Secretary will read.

19               THE SECRETARY:   Calendar Number 

20  644, by Senator Fuschillo, Senate Print 4610, an 

21  act to amend the Penal Law.

22               SENATOR DeFRANCISCO:   I now move 

23  to reconsider the vote by which the bill was 

24  passed.

25               ACTING PRESIDENT GRIFFO:   Call the 

                                                               4042

 1  roll on reconsideration.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 45.

 4               SENATOR DeFRANCISCO:   I now offer 

 5  the following amendments.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  amendments are received.

 8               SENATOR DeFRANCISCO:   I also wish 

 9  to call up -- on behalf of Senator Griffo, 

10  Mr. President -- Print Number 4927, recalled from 

11  the Assembly, which is now at the desk.

12               ACTING PRESIDENT GRIFFO:   The 

13  Secretary will read.

14               THE SECRETARY:   Calendar Number 

15  798, by Senator Griffo, Senate Print 4927, an act 

16  to amend the Banking Law.

17               SENATOR DeFRANCISCO:   I now move 

18  to reconsider the vote by which the bill was 

19  passed.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll on reconsideration.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 45.

24               SENATOR DeFRANCISCO:   I now offer 

25  the following amendments.

                                                               4043

 1               ACTING PRESIDENT GRIFFO:   The 

 2  amendments are received.

 3               SENATOR DeFRANCISCO:   I also would 

 4  like to call up Print Number 4359, by Senator 

 5  Young, recalled from the Assembly, which is now 

 6  at the desk.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  444, by Senator Young, Senate Print 4359, an act 

11  to amend the General Municipal Law.

12               SENATOR DeFRANCISCO:   I move to 

13  reconsider the vote by which this bill was 

14  passed.

15               ACTING PRESIDENT GRIFFO:   Call the 

16  roll on reconsideration.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 45.

19               SENATOR DeFRANCISCO:   I now offer 

20  the following amendments.

21               ACTING PRESIDENT GRIFFO:   The 

22  amendments are received.

23               I'm going to ask for some order in 

24  the house, please.

25               Senator DeFrancisco.

                                                               4044

 1               SENATOR DeFRANCISCO:   Mr.  

 2  President, there's a resolution at the desk by 

 3  Senator Ritchie, 4939.  It was previously adopted 

 4  by the house.  May we have the title read and 

 5  call on Senator Ritchie.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  Secretary will read.

 8               THE SECRETARY:   Legislative 

 9  Resolution Number 4939, by Senator Ritchie, 

10  congratulating Drake D. Becksted as a 

11  distinguished student of Oswego County, New York.

12               ACTING PRESIDENT GRIFFO:   Senator 

13  Ritchie.

14               SENATOR RITCHIE:   Thank you, 

15  Mr. President.

16               It's my pleasure today to recognize 

17  Drake Becksted, of Oswego County, for his 

18  accomplishments both in and out of the 

19  classroom.  

20               Drake has achieved both academic 

21  and athletic excellence.  Drake is one of the 

22  academic Top 25 students in his senior class and 

23  has won a number of awards for his talents, 

24  including the Oneida Jazz Fest Gold Award.  

25               Drake was named a scholar-athlete 

                                                               4045

 1  throughout his four years of high school.  He 

 2  served as team co-captain and five year Most 

 3  Valuable Player on the Oswego High School Boys 

 4  Swimming and Diving Team.  He has also earned 

 5  numerous state swimming and diving awards.  

 6               Drake will go on to use his 

 7  academic and athletic talents at Virginia 

 8  Polytechnic Institute.  

 9               Please join me in congratulating 

10  Drake Becksted for his wondrous career both 

11  academically and athletically.

12               (Applause.)

13               ACTING PRESIDENT GRIFFO:   Thank 

14  you, Senator Ritchie.

15               Congratulations, and we extend the 

16  courtesies of the house to you, Drake.

17               Senator DeFrancisco.

18               SENATOR DeFRANCISCO:   Yes, there's 

19  a resolution of mine at the desk, Senate 

20  Resolution 2855.  It was previously adopted by 

21  the house on January 10th.  May we have the title 

22  read and call on me to speak on that resolution.

23               ACTING PRESIDENT GRIFFO:   The 

24  Secretary will read.

25               THE SECRETARY:   Legislative 

                                                               4046

 1  Resolution Number 2855, by Senator DeFrancisco, 

 2  congratulating Christopher Collins upon the 

 3  occasion of winning a Gold Medal at the 2011 

 4  World Karate Championships in the Traditional 

 5  Forms division.

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  DeFrancisco.

 8               SENATOR DeFRANCISCO:   Thank you, 

 9  Mr. President.  

10               Chris Collins is in the chambers 

11  today, and he's truly a remarkable young man.  He 

12  actually won the 2011 World Karate 

13  Championships -- "World," I said.  You hear 

14  that?  World.  World -- at age 17.  At age 17.  

15               He's a native of Syracuse.  Started 

16  studying karate at the age of 8, mastering tips 

17  from both his father, Terrence Collins, a 

18  six-degree black belt -- so don't monkey around 

19  with Mr. Collins -- and Carlos Tearney, a martial 

20  arts champion and instructor in Syracuse.  

21               Christopher Collins grew to be a 

22  fierce competitor in karate, winning numerous 

23  local championships before entering the Northeast 

24  regional competition in April of 2011.  He 

25  obviously won that on his way to the world 

                                                               4047

 1  championships.

 2               Along with four other athletes, he 

 3  traveled to Spain to compete on the USA Karate 

 4  Team at the World Kickboxing Council World Karate 

 5  Championships from October 31st to November 4th.  

 6  Christopher Collins defeated three other 

 7  competitors during the finals, placing first and 

 8  earning a Gold Medal in the Traditional Forms 

 9  division.

10               Besides becoming a world karate 

11  champion at the young age of 17, Christopher 

12  Collins is also a dedicated community volunteer 

13  and a biology major at Le Moyne College now.

14               So we stand to commend Christopher, 

15  and his father for his obviously wonderful 

16  guidance.  

17               And we've been honoring people, 

18  young people all year long, and I think one of 

19  the most things about these great young champions 

20  is they're excellent students as well.  They're 

21  also community volunteers.  There's a common 

22  thread there.  They're responsible, hardworking 

23  young people that will be our leaders tomorrow.  

24               So I want to congratulate 

25  Christopher and his father and happily note that 

                                                               4048

 1  this particular resolution has been previously 

 2  unanimously adopted by this body.

 3               Thank you, Mr. President.

 4               ACTING PRESIDENT GRIFFO:   Thank 

 5  you, Senator DeFrancisco.

 6               We want to congratulate Christopher 

 7  and welcome him and his dad here to the chamber 

 8  today.  Congratulations.

 9               (Applause.)

10               ACTING PRESIDENT GRIFFO:   Senator 

11  DeFrancisco.

12               SENATOR DeFRANCISCO:   Yes,    

13  Mr. President, would you turn to the 

14  noncontroversial calendar and read that calendar, 

15  please.

16               ACTING PRESIDENT GRIFFO:   The 

17  Secretary will read.

18               THE SECRETARY:   Calendar Number 

19  537, by Senator Young, Senate Print 6202, an act 

20  to amend the Public Officers Law.

21               ACTING PRESIDENT GRIFFO:   Read the 

22  last section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect immediately.

25               SENATOR DeFRANCISCO:   Excuse me.  

                                                               4049

 1  Can I interrupt?  

 2               Some of the members may want to 

 3  speak on the bills, explain their votes and so 

 4  forth.  And I would request that we stand at ease 

 5  until the Rules Committee is over.

 6               ACTING PRESIDENT GRIFFO:   Okay, 

 7  Senator DeFrancisco, we will withdraw the 

 8  calendar, without objection, and we will stand at 

 9  ease.

10               SENATOR DeFRANCISCO:   Thank you.

11               (Whereupon, the Senate stood at ease 

12  at 11:35 a.m.)

13               (Whereupon, the Senate reconvened at 

14  11:49 a.m.)

15               ACTING PRESIDENT GRIFFO:   The 

16  Senate will come to order.

17               Senator DeFrancisco.

18               SENATOR DeFRANCISCO:    

19  Mr. President, can we go to motions and 

20  resolutions.

21               ACTING PRESIDENT GRIFFO:   We will 

22  return to motions and resolutions.

23               SENATOR DeFRANCISCO:   I have a 

24  motion.  On behalf of Senator LaValle, on page 48 

25  I offer the following amendments to Calendar 

                                                               4050

 1  Number 1122, Senate Print 6917, and ask that said 

 2  bill retain its place on the Third Reading 

 3  Calendar.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  amendments are received, and the bill shall 

 6  retain its place on third reading.

 7               SENATOR DeFRANCISCO:   Also, 

 8  Mr. President, can you recognize Senator Klein, 

 9  who has a guest.

10               ACTING PRESIDENT GRIFFO:   Senator 

11  Klein.

12               SENATOR KLEIN:   Thank you very, 

13  very much, Mr. President.  

14               We have a very special guest here 

15  today, someone who I've had the privilege of 

16  working with over the last year on the important 

17  issue of cyberbullying, and her name is Kaitlin 

18  Monte, who is presently Miss New York State.  

19               Kaitlin is originally from 

20  Rochester.  She now lives in Astoria, Queens.  

21  She's someone who has dedicated her life to 

22  mentoring young people.  She has her own 

23  foundation now which helps young people get ready 

24  for a new career in business in the private 

25  sector.  

                                                               4051

 1               But the work she did for me over 

 2  the last year on cyberbullying was tremendously 

 3  helpful.  Today we released the results of the 

 4  first ever New York cyberbullying census, where 

 5  we had over 10,000 young people from throughout 

 6  the state answer a survey which will help us 

 7  gauge how serious this problem is in New York.

 8               This really couldn't have been 

 9  possible without the work of Kaitlin Monte.  

10  Kaitlin traveled all over the state, I know she 

11  was in schools in many of our districts, talking 

12  to young people.  You know, because she has a 

13  story to tell as well.

14               Besides being Miss New York State, 

15  Kaitlin was second runner-up in the Miss America 

16  Pageant.  I think she was robbed; I think we need 

17  to look into that.  Because to me, she'll not 

18  only always be Miss New York, but also our 

19  Miss America.  

20               So I hope we can extend the 

21  courtesies of the house today and recognize and 

22  give Kaitlin Monte, Miss New York State, a 

23  tremendous round of applause for all her fine 

24  work.

25               (Standing ovation.)

                                                               4052

 1               ACTING PRESIDENT GRIFFO:   We 

 2  welcome Kaitlin and appreciate you being here and 

 3  appreciate your efforts.  And I know it's the 

 4  consensus of the Senate that you should be 

 5  Miss America.

 6               (Laughter.)

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Gianaris.

 9               SENATOR GIANARIS:   Thank you, 

10  Mr. President.

11               I would like to add my words of 

12  welcome as well to a constituent, Kaitlin Monte, 

13  for the tremendous work she has done not only in 

14  her personal achievement but also the work she's 

15  done with Senator Klein and his colleagues on the 

16  cyberbullying issue.  

17               We take a great pride in the 

18  residents of Western Queens who achieve such 

19  great heights.  And we know that as her tenure as 

20  Miss New York is coming to an end, it's just the 

21  beginning of the great things she's going to 

22  accomplish in her life.  

23               So for my part as well, I'd like to 

24  welcome Ms. Monte to the Senate chamber and ask 

25  again that you extend all courtesies to her.  

                                                               4053

 1               Thank you.

 2               ACTING PRESIDENT GRIFFO:   Thank 

 3  you, Senator Gianaris.

 4               Senator DeFrancisco.

 5               SENATOR DeFRANCISCO:   Thank you, 

 6  Mr. President.

 7               Can we now return to the reading of 

 8  the noncontroversial calendar, please.

 9               ACTING PRESIDENT GRIFFO:   We will 

10  go to the noncontroversial calendar.  The 

11  Secretary will read.

12               THE SECRETARY:   Calendar Number 

13  537, by Senator Young, Senate Print 6202, an act 

14  to amend the Public Officers 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               ACTING PRESIDENT GRIFFO:   Announce 

23  the results.

24               THE SECRETARY:   Ayes, 54.  Nays, 

25  3.  Senators Montgomery, Perkins and Rivera 

                                                               4054

 1  recorded in the negative.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  568, by Senator Robach, Senate Print 6740B, an 

 6  act to amend the Insurance 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, 57.

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  646, by Senator Nozzolio, Senate Print 6171A, an 

19  act to amend the Criminal Procedure Law.

20               ACTING PRESIDENT GRIFFO:   Read the 

21  last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT GRIFFO:   Call the 

25  roll.

                                                               4055

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 54.  Nays, 

 3  3.  Senators Montgomery, Perkins and Rivera 

 4  recorded in the negative.

 5               ACTING PRESIDENT GRIFFO:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  712, by Senator Kennedy, Senate Print 6508, an 

 9  act to amend the Penal Law.

10               ACTING PRESIDENT GRIFFO:   Read the 

11  last section.

12               THE SECRETARY:   Section 4.  This 

13  act shall take effect immediately.

14               ACTING PRESIDENT GRIFFO:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               ACTING PRESIDENT GRIFFO:   Senator 

18  Kennedy to explain his vote.

19               SENATOR KENNEDY:   Thank you very 

20  much, Mr. President.

21               First of all, let me start by 

22  thanking my colleagues on both sides of the aisle 

23  for bringing this legislation to the floor of the 

24  Senate for a vote today.

25               As an infant, JJ Bolvin suffered 

                                                               4056

 1  severe physical abuse at the hands of his own 

 2  father.  During the violent attacks, 11 of JJ's 

 3  bones were fractured.  When we first heard the 

 4  little boy's story last summer, he wasn't even 

 5  2 years old yet, but he had already lived through 

 6  so much pain.  JJ is now forced to endure the 

 7  traumatic consequences of the abuse.  Every day 

 8  he fights to overcome a severe seizure disorder 

 9  and developmental delays which are the result of 

10  his father's brutal beatings.  

11               Matters were made even worse when 

12  the state law served JJ an injustice.  In 2007, 

13  JJ's father was convicted of beating another one 

14  of his sons and breaking his arm.  But despite 

15  his history of violence against children and the 

16  severity of the attacks against JJ, his father 

17  was handed a light sentence of one and a third to 

18  four years in prison -- a light sentence for this 

19  violent offender while his innocent victim, his 

20  own son, fights through a life sentence of health 

21  challenges.  

22               This injustice was entirely the 

23  fault of a gap in state law.  By passing this 

24  bill into law today, we will help to close that 

25  gap.  Under current law, stiffer penalties for 

                                                               4057

 1  repeat abusers can only be given if a previous 

 2  conviction happened within the preceding three 

 3  years.  Four years had passed between the 

 4  convictions of JJ's father.  We introduced JJ's 

 5  Law to fix this gap in the law and put repeat 

 6  child abusers behind bars for far longer.

 7               JJ's Law extends the previous 

 8  conviction lookback period, and it strengthens 

 9  penalties for aggravated assault upon a child.  

10  Also, in extremely severe cases of repeat abuse, 

11  similar to the one JJ endured, this legislation 

12  will allow law enforcement to charge the abuser 

13  with first-degree assault, which comes with a 

14  maximum sentence of 25 years in prison.  

15               Fortunately, JJ survived the abuse 

16  he suffered, but many children, sadly, do not 

17  survive.  Between 2001 and 2008, child abuse and 

18  neglect took the lives of 630 children in 

19  New York State alone.  JJ's Law will send the 

20  message that New York State won't tolerate child 

21  abuse.  This legislation is named for little JJ, 

22  but it will help protect children all across New 

23  York State.

24               I want to thank the Western 

25  New York delegation for their strong support for 

                                                               4058

 1  this measure, and I want to thank all of my 

 2  colleagues who cosponsored JJ's Law and helped JJ 

 3  and his family pass this bill through the 

 4  Senate.  

 5               Also, the Retzer family, JJ's 

 6  guardians, deserve a tremendous amount of credit 

 7  and gratitude for their advocacy and 

 8  determination to get this passed today.

 9               I urge our colleagues in the 

10  Assembly to move this bill through expeditiously 

11  and finally bring justice to JJ.  

12               Thank you, Mr. President.  I vote 

13  aye.

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Kennedy to be recorded in the affirmative.

16               I know there's a lot that we have 

17  to do before the house today, and there's a lot 

18  of activity in the house.  So I would ask that 

19  you please try to be as quiet as possible so that 

20  we can hear the members discuss the legislation 

21  and undertake the business of the day.

22               Senator Grisanti to explain his 

23  vote.

24               SENATOR GRISANTI:   Yes, thank you, 

25  Mr. President.

                                                               4059

 1               I rise in support of this 

 2  legislation, and I want to thank Senator Tim 

 3  Kennedy for being the sponsor and for bringing 

 4  this forward.  And I want to also thank the 

 5  Western New York delegation.  

 6               In particular, I want to thank 

 7  Leader Dean Skelos for not only meeting with the 

 8  family, the guardian, the aunt and uncle of this 

 9  young boy, but for getting this on the floor and 

10  getting this pushed.  

11               And I too strongly urge the 

12  Assembly to get this done.  Because what happened 

13  to poor JJ should never happen to any child, 

14  especially, especially when there was abuse of 

15  another child that had occurred.  

16               So when you have somebody that does 

17  something like this to children, that person to 

18  me is a heinous person, that person deserves the 

19  strictest-most penalty that could possibly be 

20  given.  This will ensure that somebody like that 

21  will not do it again.  

22               And again, I just urge the 

23  Assembly -- and everybody in this conference, if 

24  you could tell Assemblymembers to get this 

25  pushed, it's important to make sure that it 

                                                               4060

 1  doesn't happen to another child.  

 2               I vote aye.  Thank you, 

 3  Mr. President.  

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Grisanti to be recorded in the affirmative.  

 6               Announce the results.  

 7               THE SECRETARY:   Ayes, 57.

 8               ACTING PRESIDENT GRIFFO:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  752, substituted earlier by Member of the 

12  Assembly Paulin, Assembly Print Number 697D, an 

13  act to amend the Agriculture and Markets Law.

14               ACTING PRESIDENT GRIFFO:   Read the 

15  last section.

16               THE SECRETARY:   Section 7.  This 

17  act shall take effect on the 120th day.

18               ACTING PRESIDENT GRIFFO:   call the 

19  roll.

20               (The Secretary called the roll.)

21               ACTING PRESIDENT GRIFFO:   Senator 

22  Ball to explain his vote.

23               SENATOR BALL:   Thank you, 

24  Mr. President.  Just briefly on this piece of 

25  legislation.  

                                                               4061

 1               You know, we have certainly a 

 2  number of issues to deal with in this chamber.  

 3  Today is Animal Advocacy Day.  We've had great 

 4  turnout from animal advocates and folks who are 

 5  animal lovers, like myself, all throughout this 

 6  state.  There are several pieces of legislation 

 7  that are moving forward.  

 8               And as we all know, one of the 

 9  problems that we're dealing with and that we see 

10  amongst the community of animal advocates is a 

11  plague of puppy mills.  And I'm actually joined 

12  here today by Deb and Lori Pagano.  I met them 

13  several years back.  The piece of legislation 

14  that's passing today is known as Charlemagne's 

15  Law.  It's the newest version of a law that's now 

16  taken about four or five years to get done.  

17               And unfortunately, Lori had a dog 

18  named Charlemagne who had a bunch of problems 

19  associated with being raised in that puppy mill.  

20  And the animals are that are raised in these pet 

21  mills are raised in absolutely horrific 

22  conditions that would break the hearts of 

23  everybody in this chamber and beyond.  

24               So I want to thank everybody for 

25  their support today.  This is one solid step 

                                                               4062

 1  forward to regulate the industry and to really 

 2  begin to move away from impulse buying and a 

 3  pet-shop mentality and begin to use the largest 

 4  consumer economy in this country, New York State, 

 5  to move this entire industry in the right 

 6  direction, humane to all of our four-legged 

 7  friends.  

 8               So I'll be voting yes, and I want 

 9  to thank you for your time today.

10               ACTING PRESIDENT GRIFFO:   Senator 

11  Ball will be recorded in the affirmative.

12               Announce the results.

13               THE SECRETARY:   Ayes, 58.

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is passed.

16               THE SECRETARY:   Calendar Number 

17  826, by Senator Young, Senate Print 6503A, an act 

18  to authorize.

19               ACTING PRESIDENT GRIFFO:   There is 

20  a home-rule message at the desk.  

21               Read the last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT GRIFFO:   Call the 

25  roll.

                                                               4063

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 58.

 3               ACTING PRESIDENT GRIFFO:   The bill 

 4  is passed.

 5               THE SECRETARY:   Calendar Number 

 6  872, by Senator LaValle, Senate Print 6418, an 

 7  act to amend the Criminal Procedure Law.

 8               ACTING PRESIDENT GRIFFO:   Read the 

 9  last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect immediately.

12               ACTING PRESIDENT GRIFFO:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               ACTING PRESIDENT GRIFFO:   Announce 

16  the results.

17               THE SECRETARY:   In relation to 

18  Calendar 872, those recorded in the negative are 

19  Senators Dilan, Duane, Montgomery, Perkins, and 

20  Rivera.

21               Ayes, 53.  Nays, 5.

22               ACTING PRESIDENT GRIFFO:   The bill 

23  is passed.

24               THE SECRETARY:   Calendar Number 

25  873, by Senator Farley, Senate Print 6916, an act 

                                                               4064

 1  to amend the Criminal Procedure 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:   In relation to 

10  Calendar Number 873, those recorded in the 

11  negative are Senators Dilan, Duane, Montgomery, 

12  Perkins and Rivera. 

13               Ayes, 53.  Nays, 5.  

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is passed.

16               THE SECRETARY:   Calendar Number 

17  877, by Senator Maziarz, Senate Print 6713, an 

18  act to amend the Public Authorities Law.

19               ACTING PRESIDENT GRIFFO:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               4065

 1               THE SECRETARY:   Ayes, 58.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  932, by Senator Ritchie, Senate Print 3825, an 

 6  act to amend the Criminal Procedure 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:   In relation to 

15  Calendar Number 932, those recorded in the 

16  negative are Senators Dilan, Duane, Montgomery, 

17  Perkins and Rivera.

18               Ayes, 53.  Nays, 5.

19               ACTING PRESIDENT GRIFFO:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  993, by Senator Lanza, Senate Print 4443B, an act 

23  to amend the Criminal Procedure Law.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               4066

 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:   In relation to 

 7  Calendar 933, those recorded in the negative are 

 8  Senators Dilan, Duane, Hassell-Thompson, 

 9  Montgomery, Perkins, Rivera and Squadron.

10               Ayes, 51.  Nays, 7.

11               ACTING PRESIDENT GRIFFO:   The bill 

12  is passed.

13               THE SECRETARY:   Calendar Number 

14  934, by Senator Larkin, Senate Print 4757, an act 

15  to amend the Criminal Procedure Law.

16               ACTING PRESIDENT GRIFFO:   Read the 

17  last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   In relation to 

24  Calendar Number 934, those recorded in the 

25  negative are Senators Dilan, Duane, Montgomery, 

                                                               4067

 1  Perkins and Rivera.

 2               Ayes, 53.  Nays, 5.

 3               ACTING PRESIDENT GRIFFO:   The bill 

 4  is passed.

 5               THE SECRETARY:   Calendar Number 

 6  935, by Senator Larkin, Senate Print 6319, an act 

 7  to amend the Criminal Procedure Law.

 8               ACTING PRESIDENT GRIFFO:   Read the 

 9  last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect immediately.

12               ACTING PRESIDENT GRIFFO:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   In relation to 

16  Calendar 935, those recorded in the negative are 

17  Senators Dilan, Montgomery, Perkins, and Rivera.

18               Ayes, 54.  Nays, 4.

19               ACTING PRESIDENT GRIFFO:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  936, by Senator Larkin, Senate Print 6320, an act 

23  to amend the Criminal Procedure Law.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               4068

 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:   In relation to 

 7  Calendar Number 936, those recorded in the 

 8  negative are Senators Dilan, Montgomery, Perkins 

 9  and Rivera.

10               Ayes, 54.  Nays, 4.

11               ACTING PRESIDENT GRIFFO:   The bill 

12  is passed.

13               THE SECRETARY:   Calendar Number 

14  937, by Senator Johnson, Senate Print 6390A, an 

15  act to amend the Criminal Procedure Law.

16               ACTING PRESIDENT GRIFFO:   Read the 

17  last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   In relation to 

24  Calendar Number 937, those recorded in the 

25  negative are Senators Dilan, Duane, Montgomery, 

                                                               4069

 1  Perkins and Rivera.  Also Senator Squadron.

 2               Ayes, 52.  Nays, 6.

 3               ACTING PRESIDENT GRIFFO:   The bill 

 4  is passed.

 5               THE SECRETARY:   Calendar Number 

 6  1046, by Senator Grisanti, Senate Print 7078A, an 

 7  act to amend the Environmental Conservation Law.

 8               ACTING PRESIDENT GRIFFO:   Read the 

 9  last section.

10               THE SECRETARY:   Section 4.  This 

11  act shall take effect --

12               SENATOR DeFRANCISCO:   Lay that 

13  bill aside for the day, please.

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is laid aside for the day.

16               THE SECRETARY:   Calendar Number 

17  1059, substituted earlier by Member of the 

18  Assembly Paulin, Assembly Print Number 7502B, an 

19  act to amend the Agriculture and Markets Law.

20               ACTING PRESIDENT GRIFFO:   Read the 

21  last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect on the 120th day.

24               ACTING PRESIDENT GRIFFO:   Call the 

25  roll.

                                                               4070

 1               (The Secretary called the roll.)

 2               ACTING PRESIDENT GRIFFO:   Senator 

 3  Klein to explain his vote.

 4               SENATOR KLEIN:   Thank you, 

 5  Mr. President.

 6               This bill amends the Agriculture 

 7  and Markets Law to prohibit the use of pet-cage 

 8  and box dryers with the heating element turned on 

 9  to dry a companion animal.  It does not ban the 

10  use of this product at home, but only in places 

11  of business that groom animals.

12               One of the problems we've been 

13  seeing time and time again is when these cages 

14  are left unattended where the automatic unit 

15  fails to turn off at a certain time, it not only 

16  injured animals but caused many deaths with cats 

17  and dogs around the State of New York.

18               So this legislation I think is a 

19  common-sense approach.  The bill is supported by 

20  the Humane Society of the United States, the 

21  Humane Society of New York State, the ASPCA, as 

22  well as the New York City Bar Association.  

23               And I think, more importantly, it 

24  will go a long way towards keeping our pets safe 

25  and secure when they're brought to a grooming 

                                                               4071

 1  establishment.  

 2               I vote yes, Mr. President.

 3               ACTING PRESIDENT GRIFFO:   Senator 

 4  Klein to be recorded in the affirmative.

 5               Announce the results.

 6               THE SECRETARY:   Ayes, 58.

 7               ACTING PRESIDENT GRIFFO:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  1090, by Senator Alesi, Senate Print 6249A, an 

11  act to amend the Criminal Procedure Law.

12               ACTING PRESIDENT GRIFFO:   Read the 

13  last section.

14               SENATOR DeFRANCISCO:   Lay the bill 

15  aside for the day.

16               ACTING PRESIDENT GRIFFO:   Lay it 

17  aside for the day.

18               THE SECRETARY:   Calendar Number 

19  1118, by Senator Libous, Senate Print 6542, an 

20  act to amend the Town Law.

21               ACTING PRESIDENT GRIFFO:   Read the 

22  last section.

23               THE SECRETARY:   Section 3.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT GRIFFO:   Call the 

                                                               4072

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 57.  Nays, 

 4  1.  Senator Duane recorded in the negative.

 5               ACTING PRESIDENT GRIFFO:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  1120, by Senator Little, Senate Print 6871, an 

 9  act to authorize the Town of Salem.

10               ACTING PRESIDENT GRIFFO:   There is 

11  a home-rule message at the desk.

12               The Secretary will read the last 

13  section.

14               THE SECRETARY:   Section 5.  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, 57.  Nays, 

20  1.  Senator Ball recorded in the negative.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  1124, by Senator Skelos, Senate Print 7007A, an 

25  act to authorize the assessor.

                                                               4073

 1               ACTING PRESIDENT GRIFFO:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT GRIFFO:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               ACTING PRESIDENT GRIFFO:   Announce 

 9  the results.

10               THE SECRETARY:   In relation to 

11  Calendar 1124, those recorded in the negative are 

12  Senators Bonacic, Larkin and O'Mara.  

13               Ayes, 55.  Nays, 3.

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is passed.

16               THE SECRETARY:   Calendar Number 

17  1125, by Senator Skelos, Senate Print 7008A, an 

18  act to authorize the assessor.

19               ACTING PRESIDENT GRIFFO:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               4074

 1               THE SECRETARY:   In relation to 

 2  Calendar 1125, those recorded in the negative are 

 3  Senators Bonacic, Larkin and O'Mara.  

 4               Ayes, 55.  Nays, 3.

 5               ACTING PRESIDENT GRIFFO:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  1127, substituted earlier by Member of the 

 9  Assembly Magnarelli, Assembly Print Number 9945, 

10  an act in relation to authorizing.

11               ACTING PRESIDENT GRIFFO:   There is 

12  a home-rule message at the desk.

13               The Secretary will read the last 

14  section.

15               THE SECRETARY:   Section 2.  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, 58.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  1130, by Senator Maziarz, Senate Print 7307, an 

25  act to authorize.

                                                               4075

 1               ACTING PRESIDENT GRIFFO:   There is 

 2  a home-rule message at the desk.

 3               The Secretary will read the last 

 4  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, 57.  Nays, 

11  1.  Senator Ball recorded in the negative.

12               ACTING PRESIDENT GRIFFO:   The bill 

13  is passed.

14               THE SECRETARY:   Calendar Number 

15  1132, by Senator Skelos, Senate Print 7442A, an 

16  act to authorize.

17               ACTING PRESIDENT GRIFFO:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect immediately.

21               ACTING PRESIDENT GRIFFO:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   In relation to 

25  Calendar 1132, those recorded in the negative are 

                                                               4076

 1  Senators Bonacic, Larkin and O'Mara.  

 2               Ayes, 55.  Nays, 3.

 3               ACTING PRESIDENT GRIFFO:   The bill 

 4  is passed.

 5               THE SECRETARY:   Calendar Number 

 6  1133, substituted earlier by Member of the 

 7  Assembly Miller, Assembly Print Number 10335, an 

 8  act to amend Chapter 97 of the Laws of 2001.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 2.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               ACTING PRESIDENT GRIFFO:   Announce 

17  the results.

18               THE SECRETARY:   Ayes, 57.  Nays, 

19  1.  Senator Duane recorded in the negative.

20               ACTING PRESIDENT GRIFFO:   The bill 

21  is passed.

22               THE SECRETARY:   Calendar Number 

23  1135, by Senator Saland, Senate Print 7483, an 

24  act to amend the Town Law.

25               ACTING PRESIDENT GRIFFO:   Read the 

                                                               4077

 1  last section.

 2               THE SECRETARY:   Section 3.  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, 58.

 8               ACTING PRESIDENT GRIFFO:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  1136, by Senator Fuschillo, Senate Print 7488, an 

12  act authorizing the assessor.

13               ACTING PRESIDENT GRIFFO:   Read the 

14  last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT GRIFFO:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   In relation to 

21  Calendar Number 1136, those recorded in the 

22  negative are Senators Bonacic, Larkin and O'Mara.

23               Ayes, 55.  Nays, 3.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               4078

 1               THE SECRETARY:   Calendar Number 

 2  1140, by Senator McDonald, Senate Print 7440, an 

 3  act to amend the Mental Hygiene Law.

 4               ACTING PRESIDENT GRIFFO:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 4.  This 

 7  act shall take effect immediately.

 8               ACTING PRESIDENT GRIFFO:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   In relation to 

12  Calendar 1140, those recorded in the negative are 

13  Senators Dilan, Montgomery, Perkins and Rivera.

14               Ayes, 54.  Nays, 4.

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.

17               Senator DeFrancisco, that completes 

18  the noncontroversial reading of the calendar.

19               SENATOR DeFRANCISCO:   Yes, 

20  Mr. President, will you now recognize Senator 

21  Sampson for the purpose of introducing a special 

22  guest.

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Sampson.

25               SENATOR SAMPSON:   Thank you very 

                                                               4079

 1  much, Mr. President.  

 2               I am honored and have the pleasure 

 3  to introduce Floyd Little.  Mr. Little was a 

 4  three-time All-American football player, 1966 

 5  EACC Player of the Year, holds Syracuse 

 6  University's career record for touchdowns at 46 

 7  and punt returns for touchdowns at six.  Floyd 

 8  finished fifth in the Heisman Trophy voting as a 

 9  junior and senior.  His legendary number, 44, was 

10  also retired at Syracuse.  In 1983, Floyd was 

11  elected into the College Football Hall of Fame.  

12               In 1967, Floyd was the sixth 

13  selection of the first AFL-NFL draft.  He was the 

14  first-ever first-round draft pick to sign with 

15  the American Football League's Denver Broncos.  

16               Floyd led the American Football 

17  League in rushing for a six-year period from 1968 

18  to 1973.  He was a five-time Pro Bowl selection 

19  and twice named All AFL-NFL.  Floyd was the first 

20  Denver Bronco to have his jersey, Number 44, 

21  retired.  

22               In 2010 Floyd was finally honored 

23  by being inducted into the Professional Football 

24  Hall of Fame.  

25               And along with Mr. Little is his 

                                                               4080

 1  wife DeBorah, former City Council member.  Also 

 2  Pastor Darrel Hyme and his son Chris.  And I want 

 3  to thank Assemblyman Sam Roberts for bringing 

 4  Mr. Little.  

 5               Mr. Little, we congratulate you on 

 6  your accomplishments.  You are truly the epitome 

 7  of a citizen of the State of New York.  

 8  Congratulations, Mr. Little.

 9               (Sustained applause.)

10               ACTING PRESIDENT GRIFFO:   Senator 

11  DeFrancisco.

12               SENATOR DeFRANCISCO:   Yes, before 

13  Senator Nozzolio grabs onto Floyd Little, I want 

14  to say a few words too.  

15               Floyd Little probably was one of 

16  the greatest football players -- not probably, 

17  was one of the greatest football players ever to 

18  play the game, whether high school, college, or 

19  professional.  But more than that, he's an 

20  incredible citizen.  And he's always maintained 

21  his loyalty to the City of Syracuse.  

22               And he's here with his wife, 

23  DeBorah, who I've known for many, many years, a 

24  wonderful, wonderful woman.  They each married 

25  great people, and it's a wonderful partnership.

                                                               4081

 1               Also, Floyd, you don't know this, 

 2  but just about every day I am honoring some great 

 3  athletes and great people because Central 

 4  New York is where all the outstanding athletes 

 5  come from.  

 6               (Laughter; catcalls.) 

 7               SENATOR DeFRANCISCO:   And I want 

 8  you to know, I want the chamber to know I didn't 

 9  bring Floyd here.  Others did.  And so it's not 

10  even me recognizing this.

11               The only thing that I have against 

12  Floyd is that when he was doing great things on 

13  the football field, I was playing baseball for 

14  Syracuse.  And the only thing I could say bad 

15  about him, he didn't have enough guts to play 

16  baseball.

17               (Laughter, jeers.) 

18               SENATOR DeFRANCISCO:   No, in all 

19  seriousness, this is a great day.  Floyd is a 

20  great person, great human being, great athlete.  

21  And it's wonderful to invite him to have him here 

22  in our chambers.  

23               Thank you very much Mr. President.

24               (Applause.)

25               ACTING PRESIDENT GRIFFO:   We 

                                                               4082

 1  extend the courtesies of the house to Hall of 

 2  Famer Floyd Little, his wife, DeBorah, and the 

 3  pastor who accompanies them today.  

 4               Thank you so much for coming into 

 5  the Senate chamber.  And we appreciate and 

 6  recognize all of your great efforts, not only on 

 7  the gridiron but in the community.

 8               (Extended applause.)

 9               SENATOR DeFRANCISCO:   Mr.  

10  President.

11               ACTING PRESIDENT GRIFFO:   Senator 

12  DeFrancisco.

13               SENATOR DeFRANCISCO:   Yes, may we 

14  return to reports of standing committees.  I 

15  believe there's a report of the Rules Committee 

16  at the desk.

17               ACTING PRESIDENT GRIFFO:   There is 

18  a report of the Rules Committee before the desk.  

19               The Secretary will read.

20               THE SECRETARY:   Senator Skelos, 

21  from the Committee on Rules, reports the 

22  following bills:  

23               Senate Print 532B, by Senator 

24  Klein, an act to amend the Penal Law; 

25               648, by Senator Sampson, an act to 

                                                               4083

 1  amend the Penal Law; 

 2               4051A, by Senator Gallivan, an act 

 3  to amend the Family Court Act; 

 4               4102, by Senator Farley, an act to 

 5  amend Chapter 386 of the Laws of 1996; 

 6               4422, by Senator Flanagan, an act 

 7  to amend the Vehicle and Traffic Law; 

 8               5337, by Senator DeFrancisco, an 

 9  act to amend the Military Law.  

10               ACTING PRESIDENT GRIFFO:   Excuse 

11  me.  We're going to need just a little order in 

12  the chamber, please, to allow for the bills to be 

13  read and the stenographer to hear them.

14               The Secretary will continue.

15               THE SECRETARY:   Senate 5463, by 

16  Senator Griffo, an act to amend the Banking Law; 

17               6176, by Senator Breslin, an act to 

18  amend Chapter 405 of the Laws of 2005; 

19               6425, by Senator Johnson, an act to 

20  amend the Town Law; 

21               6432, by Senator Golden, an act to 

22  amend the Public Authorities Law; 

23               6556, by Senator Gallivan, an act 

24  to amend the Environmental Conservation Law; 

25               7210A, by Senator Golden, an act to 

                                                               4084

 1  amend the Penal Law; 

 2               7533, by Senator Ranzenhofer, an 

 3  act to amend the Domestic Relations Law; 

 4               7554, by Senator Martins, 

 5  Concurrent Resolution of the Senate and Assembly; 

 6               Senate 7555, by Senator Martins, an 

 7  act to amend the Local Finance Law;

 8               7567A, by Senator Zeldin, an act to 

 9  amend the General Business Law; 

10               Senate 7575, by Senator 

11  DeFrancisco, an act to authorize the New York 

12  State Thruway Authority; 

13               7596, by Senator Hannon, an act to 

14  amend the Public Health Law; 

15               And Senate 7605, by Senator 

16  Grisanti, an act to amend the Education Law.

17               All bills reported direct to third 

18  reading.

19               ACTING PRESIDENT GRIFFO:   Senator 

20  DeFrancisco.

21               SENATOR DeFRANCISCO:   At this 

22  time, Mr. President, would you please do the 

23  noncontroversial reading of the calendar.

24               ACTING PRESIDENT GRIFFO:   Senator 

25  DeFrancisco, would you make a motion to accept 

                                                               4085

 1  the Committee on Rules report?  

 2               SENATOR DeFRANCISCO:   I'm not 

 3  sure.  Let me think about it.

 4               (Laughter.)

 5               SENATOR DeFRANCISCO:   I move to 

 6  accept the Rules report.

 7               ACTING PRESIDENT GRIFFO:   All in 

 8  favor of accepting the Committee on Rules report 

 9  signify by saying aye.

10               (Response of "Aye.")

11               ACTING PRESIDENT GRIFFO:   Opposed, 

12  nay.

13               (No response.)

14               ACTING PRESIDENT GRIFFO:   The 

15  report is accepted.

16               Senator DeFrancisco, we begin the 

17  reading?

18               SENATOR DeFRANCISCO:   I would 

19  really appreciate it if you would.

20               ACTING PRESIDENT GRIFFO:   The 

21  Secretary will read.

22               THE SECRETARY:   Calendar Number 

23  1165, by Senator Klein, Senate Print 532B, an act 

24  to amend the Penal Law.

25               ACTING PRESIDENT GRIFFO:   I'm 

                                                               4086

 1  going to have to ask for some order in the 

 2  chamber, please.  (Gaveling.)

 3               The Secretary will read.

 4               THE SECRETARY:   Calendar Number 

 5  1165, by Senator Klein, Senate Print 532B, an act 

 6  to amend the Penal Law.

 7               ACTING PRESIDENT GRIFFO:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 7.  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, 59.  Nays, 

15  1.  Senator Little recorded in the negative.

16               ACTING PRESIDENT GRIFFO:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  1201, by Senator Sampson, Senate Print 648, an 

20  act to amend the Penal Law.

21               ACTING PRESIDENT GRIFFO:   Read the 

22  last section.

23               THE SECRETARY:   Section 5.  This 

24  act shall take effect on the 90th day.

25               ACTING PRESIDENT GRIFFO:   Call the 

                                                               4087

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 60.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  1203, by Senator Gallivan, Senate Print 4051A, an 

 8  act to amend the Family Court Act.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 3.  This 

12  act shall take effect on the 90th day.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 60.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  1204, by Senator Farley, Senate Print 4102, an 

21  act to amend Chapter 386 of the Laws of 1996.

22               ACTING PRESIDENT GRIFFO:   Read the 

23  last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect immediately.

                                                               4088

 1               ACTING PRESIDENT GRIFFO:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 60.

 5               ACTING PRESIDENT GRIFFO:   The bill 

 6  is passed.

 7               Senator Libous, why do you rise?

 8               SENATOR LIBOUS:   Mr. President, 

 9  could we have some order in the chamber.

10               Thank you, Mr. President.  We're 

11  certainly honored to have Mr. Little here, and we 

12  want to have pictures taken.  But if members 

13  could just take pictures with their mouths quiet, 

14  that would be good.  Thank you.

15               Mr. President, we will -- we will 

16  stand at ease temporarily.

17               (Laughter.)

18               ACTING PRESIDENT GRIFFO:   The 

19  Secretary will continue.

20               SENATOR LIBOUS:   Again, 

21  Mr. President, if we could have members in their 

22  seats, please.  And certainly those who want to 

23  take a picture are welcome to do that, but we 

24  don't need all the conversations.  

25               Staff members who don't need to be 

                                                               4089

 1  in the chamber should not be in the chamber or 

 2  should be seated along the wall.  And we would 

 3  like some order in the house.  

 4               Thank you, Mr. President.  If we 

 5  could continue.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  Secretary will read.

 8               THE SECRETARY:   Calendar Number 

 9  1205, by Senator Flanagan, Senate Print 4422, an 

10  act to amend the Vehicle and Traffic Law.

11               ACTING PRESIDENT GRIFFO:   Read the 

12  last section.

13               THE SECRETARY:   Section 3.  This 

14  act shall take effect on the first of November.

15               ACTING PRESIDENT GRIFFO:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 60.

19               ACTING PRESIDENT GRIFFO:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  1206, by Senator DeFrancisco, Senate Print 5337, 

23  an act to amend the Military Law.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               4090

 1               THE SECRETARY:   Section 5.  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, 59.  Nays, 

 7  1.  Senator Duane recorded in the negative.

 8               ACTING PRESIDENT GRIFFO:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  1208, by Senator Griffo, Senate Print 5463, an 

12  act to amend the Banking Law.

13               ACTING PRESIDENT GRIFFO:   Read the 

14  last section.

15               THE SECRETARY:   Section 39.  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, 60.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  1209, by Senator Breslin, Senate Print 6176, an 

25  act to amend Chapter 405 of the Laws of 2005.

                                                               4091

 1               ACTING PRESIDENT GRIFFO:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT GRIFFO:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 59.  Nays, 

 9  1.  Senator Ball recorded in the negative.  

10               ACTING PRESIDENT GRIFFO:   The bill 

11  is passed.

12               THE SECRETARY:   Calendar Number 

13  1211, by Senator Johnson --

14               SENATOR LIBOUS:   Lay it aside for 

15  the day.

16               ACTING PRESIDENT GRIFFO:   Lay the 

17  bill aside for the day.

18               THE SECRETARY:   Calendar Number 

19  1212, by Senator Golden, Senate Print 6432, an 

20  act to amend the Public Authorities Law.

21               ACTING PRESIDENT GRIFFO:   Read the 

22  last section.

23               THE SECRETARY:   Section 3.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT GRIFFO:   Call the 

                                                               4092

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 59.  Nays, 

 4  1.  Senator Ball recorded in the negative.  

 5               ACTING PRESIDENT GRIFFO:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  1213, by Senator Gallivan, Senate Print 6556, an 

 9  act to amend the Environmental Conservation Law.

10               ACTING PRESIDENT GRIFFO:   Read the 

11  last section.

12               THE SECRETARY:   Section 21.  This 

13  act shall take effect on the first of November.

14               ACTING PRESIDENT GRIFFO:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 59.  Nays, 

18  1.  Senator Serrano recorded in the negative.

19               ACTING PRESIDENT GRIFFO:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  1215, by Senator Golden, Senate Print 7210A, an 

23  act to amend the Penal Law.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               4093

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect on the first of November.

 3               ACTING PRESIDENT GRIFFO:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 60.

 7               ACTING PRESIDENT GRIFFO:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  1216, by Senator Ranzenhofer, Senate Print 7533, 

11  an act to amend the Domestic Relations Law.

12               ACTING PRESIDENT GRIFFO:   Read the 

13  last section.

14               THE SECRETARY:   Section 4.  This 

15  act shall take effect on the 30th day.

16               ACTING PRESIDENT GRIFFO:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 60.

20               ACTING PRESIDENT GRIFFO:   The bill 

21  is passed.

22               THE SECRETARY:   In relation to 

23  Calendar Number 1217, Senator Martins moves to 

24  discharge, from the Committee on Local 

25  Government, Assembly Bill Number 9691 and 

                                                               4094

 1  substitute it for the identical Senate Bill 

 2  Number 7554, Third Reading Calendar 1217.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  substitution is so ordered.

 5               The Secretary will read.

 6               THE SECRETARY:   Calendar Number 

 7  1217, by Member of the Assembly Magnarelli, 

 8  Assembly Print 9691, Concurrent Resolution of the 

 9  Senate and Assembly.

10               SENATOR SQUADRON:   Lay it aside.

11               ACTING PRESIDENT GRIFFO:   The 

12  Concurrent Resolution is laid aside.

13               THE SECRETARY:   Calendar Number 

14  1218, by Senator Martins, Senate Print 7555, an 

15  act to amend the Local Finance Law.

16               ACTING PRESIDENT GRIFFO:   Read the 

17  last section.

18               THE SECRETARY:   Section 4.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 59.  Nays, 

24  1.  Senator Maziarz recorded in the negative.

25               ACTING PRESIDENT GRIFFO:   The bill 

                                                               4095

 1  is passed.

 2               THE SECRETARY:  In relation to 

 3  Calendar Number 1219, Senator Zeldin moves to 

 4  discharge, from the Committee on Rules, Assembly 

 5  Bill Number 10569A and substitute it for the 

 6  identical Senate Bill Number 7567A, Third Reading 

 7  Calendar 1219.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  substitution is so ordered.

10               The Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  1219, by the Assembly Committee on Rules, 

13  Assembly Print Number 10569A, an act to amend the 

14  General Business Law.

15               ACTING PRESIDENT GRIFFO:   Read the 

16  last section.

17               THE SECRETARY:   Section 3.  This 

18  act shall take effect on the 90th day.

19               ACTING PRESIDENT GRIFFO:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 60.

23               ACTING PRESIDENT GRIFFO:   The bill 

24  is passed.

25               THE SECRETARY:   Calendar Number 

                                                               4096

 1  1220, by Senator DeFrancisco, Senate Print 7575, 

 2  an act to authorize the New York State Thruway 

 3  Authority.

 4               ACTING PRESIDENT GRIFFO:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 7.  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, 59.  Nays, 

12  1.  Senator Dilan recorded in the negative.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  1221, by Senator Hannon, Senate Print 7596, an 

17  act to amend the Public Health Law.

18               ACTING PRESIDENT GRIFFO:   Read the 

19  last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect in 180 days.

22               ACTING PRESIDENT GRIFFO:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 60.

                                                               4097

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  1222, by Senator Grisanti, Senate Print 7605, an 

 5  act to amend the Education Law.

 6               ACTING PRESIDENT GRIFFO:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT GRIFFO:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 60.

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is passed.

16               Senator Libous, that completes the 

17  noncontroversial reading of the supplemental 

18  Rules calendar.

19               SENATOR LIBOUS:   Thank you, 

20  Mr. President.  Could we now go to the 

21  controversial reading of the supplemental 

22  calendar.

23               ACTING PRESIDENT GRIFFO:   The 

24  Secretary will ring the bell.

25               The Secretary will read.

                                                               4098

 1               THE SECRETARY:   Calendar Number 

 2  1217, by Member of the Assembly Magnarelli, 

 3  Assembly Print 9691, Concurrent Resolution of the 

 4  Senate and Assembly.

 5               SENATOR SQUADRON:   Explanation.

 6               ACTING PRESIDENT GRIFFO:   An 

 7  explanation has been requested, Senator Martins, 

 8  by Senator Squadron.

 9               SENATOR MARTINS:   Thank you, 

10  Mr. President.

11               This is a concurrent resolution at 

12  the request of the Comptroller.  

13               Since 1963, the state has 

14  authorized in 10-year increments, and has been 

15  extended each 10-year interval after that, a 

16  provision that would allow for local 

17  municipalities to bond or incur debt as a result 

18  or for the purpose of sewage treatment.  

19               It was originally proposed to be a 

20  10-year period that would encourage local 

21  municipalities to invest in sewage treatment 

22  facilities.  But again, as I stated, it has been 

23  extended every 10-year period since then.  

24               This is a further extension, simply 

25  because there is a continuing need.  And the same 

                                                               4099

 1  reasons that were in place that required this in 

 2  1963 and then 1973 and '83, '93, and 2003 

 3  continue to exist today.  

 4               There are new technologies, there 

 5  are increased expenses in modernizing and 

 6  modifying sewage treatment plants, and to require 

 7  our local municipalities to absorb those expenses 

 8  just seems unfair.  And so consistent with public 

 9  policy as it has been developed and determined by 

10  the Legislature over the course of literally the 

11  last 50 years, this merely seeks another 10-year 

12  extender to allow for sewage treatment plants to 

13  be financed through our local municipalities.

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Squadron.

16               SENATOR SQUADRON:   Thank you very 

17  much.  Thank you for that description.  

18               If the sponsor would yield.

19               SENATOR MARTINS:   Mr. President, 

20  I'd be happy to.

21               ACTING PRESIDENT GRIFFO:   The 

22  sponsor yields.

23               SENATOR SQUADRON:   Since this is a 

24  Concurrent Resolution and it has passed the other 

25  house already this year, is there yet an opinion 

                                                               4100

 1  from the Attorney General?  

 2               SENATOR MARTINS:   Mr. President 

 3  through you, I have not seen an opinion from the 

 4  Attorney General.  It was presented at the 

 5  request of the Comptroller's office.  And so I 

 6  have not seen it.

 7               SENATOR SQUADRON:   If the sponsor 

 8  would continue to yield.

 9               SENATOR MARTINS:   Mr. President, 

10  I'd be happy to.

11               ACTING PRESIDENT GRIFFO:   The 

12  sponsor yields.

13               SENATOR SQUADRON:   Thank you very 

14  much.  

15               And if the sponsor wouldn't mind 

16  telling me when this bill was introduced in the 

17  Legislature.

18               SENATOR MARTINS:   Mr. President, 

19  through you, I believe the bill was introduced 

20  sometime within the last month.

21               SENATOR SQUADRON:   If the sponsor 

22  would continue to yield.

23               SENATOR MARTINS:   Mr. President, 

24  to be more specific, it was introduced on 

25  June 4th.  

                                                               4101

 1               And I will be glad to continue to 

 2  yield.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  sponsor yields.

 5               SENATOR SQUADRON:   Thank you very 

 6  much.  

 7               And obviously we're here at the end 

 8  of session, and this is something that has 

 9  occurred, and it's a Comptroller bill.  Let me 

10  just ask the sponsor, it's been in the 

11  Legislature about a week now.  We don't yet have 

12  an opinion from the Attorney General.  Why is it 

13  so critical that this bill passes today rather 

14  than having a little more time?  

15               This is a 10-year extension.  We'd 

16  like to have the opportunity to look a little 

17  more fully at the effect.  According to the memo, 

18  you know, this is something that's been granted 

19  178 times.

20               SENATOR MARTINS:   Thank you, 

21  Mr. President.  As a constitutional amendment, 

22  and I'm sure the Senator is aware of this, it 

23  requires that it be passed by the Legislature in 

24  two consecutive years and then be voted upon by 

25  the public.  As it has over the course of the 

                                                               4102

 1  last 50 years, each 10 years.

 2               So by passing this Concurrent 

 3  Resolution this year, that is only the first 

 4  step.  It would require a second step next year, 

 5  which would also require another resolution from 

 6  this body as well as the Assembly, and then would 

 7  be placed on a vote.

 8               And so, frankly, we do have time to 

 9  get an Attorney General opinion on this.  This is 

10  merely the first step.  And so if there really 

11  are concerns that were not there in 1963 or '73 

12  or '83 or '93 or 2003, certainly we have the 

13  opportunity over the next year to review those 

14  and have the opportunity, should it be necessary 

15  next year, simply not to pass the same 

16  resolution.

17               SENATOR SQUADRON:   If the sponsor 

18  would continue to yield.

19               SENATOR MARTINS:   Be happy to.

20               ACTING PRESIDENT GRIFFO:   The 

21  sponsor yields.

22               SENATOR SQUADRON:   Thank you very 

23  much.

24               Just since it is before us today in 

25  its initial stage, can you just take us through 

                                                               4103

 1  the potential impact if it were not approved, if 

 2  the constitutional amendment were not approved 

 3  through the process that you just described?  The 

 4  impact on the ground for localities.

 5               SENATOR MARTINS:   The impact on 

 6  localities, Mr. President, if this were not to be 

 7  approved is simply that local municipalities, in 

 8  many instances towns or villages or cities, in 

 9  many instances also very small municipalities, 

10  would have to incur literally tens if not 

11  hundreds of millions of dollars in modifications 

12  to sewer treatment plants within their debt limit 

13  that would prohibit them then from having to 

14  perhaps do infrastructure improvements elsewhere, 

15  that those resources would be eliminated.

16               I call to mind a hearing we held 

17  where the supervisor of the Town of Riverhead 

18  spoke about potentially having to spend literally 

19  $200 million modernizing their sewer treatment 

20  plant.  Frankly, for a town of that size to spend 

21  $200 million at the expense of perhaps using that 

22  bonding authority to make infrastructure 

23  improvements, I think is frankly unfair.  

24               And so consistent with public 

25  policy as it has been held in this state over the 

                                                               4104

 1  last 50 years, they shouldn't have to make that 

 2  choice.

 3               SENATOR SQUADRON:   Thank you.  If 

 4  the sponsor would continue to yield.

 5               SENATOR MARTINS:   I would be happy 

 6  to.  Thank you, Mr. President.

 7               SENATOR SQUADRON:   Thank you.  

 8               Through you, Mr. President.  So why 

 9  not extend it beyond this 10 years?  As you point 

10  out, it's been done in '63, '73, '83, '93, 2003.  

11  It seems to be an exemption that tends to be 

12  granted -- I'm sure there are exemptions to this, 

13  but tends to be granted when it should be.  It's 

14  quite important to these localities.  

15               Why sort of have an extender-type 

16  situation within the State Constitution?  That 

17  seems strange.

18               SENATOR MARTINS:   Mr. President, 

19  through you.  That's a valid point.  Certainly if 

20  it were to be extended perpetually rather than 

21  incrementally every 10 years, that would 

22  certainly seem to make sense.

23               The resolution that we have before 

24  us extends it for a further 10 years.  It mirrors 

25  a resolution that was passed in the Assembly 

                                                               4105

 1  earlier.

 2               And frankly, I would hope that in 

 3  the future that if it is a long-term public 

 4  policy goal that we have stability in this vote 

 5  and we don't require that this issue be resolved 

 6  every 10 years, certainly I would support that as 

 7  well.

 8               SENATOR SQUADRON:   Thank you, 

 9  Mr. President.  On the bill.

10               ACTING PRESIDENT GRIFFO:   Senator 

11  Squadron on the bill.

12               SENATOR SQUADRON:   Thank you.

13               First of all, I really thank the 

14  sponsor for his very full explanation of the bill 

15  and the purpose of the bill.  

16               I do have a feeling, and this is 

17  true on this piece of legislation and a number of 

18  others, that a piece of legislation being 

19  introduced June 4th, being passed June 13th, not 

20  yet in the case of a Concurrent Resolution to 

21  amend the Constitution having the Attorney 

22  General's decision, is not really how we should 

23  be legislating.  And that is a concern I have.  

24               I really appreciate the sponsor's 

25  commitment that before this comes up in again in 

                                                               4106

 1  the next term -- and I'll share that commitment 

 2  on this side of the aisle -- we should have a 

 3  fuller conversation about this, we should have 

 4  the Attorney General's opinion.  Because that 

 5  really, when we're talking about amending the 

 6  Constitution, is how we should do things.

 7               Certainly the purpose here is one 

 8  that has served well.  It's one that the State 

 9  Comptroller believes we need to do.  So I'm going 

10  to not try to block it or to vote against it 

11  today, certainly.  But I do feel that just the 

12  conversation we had today about whether this 

13  should be a 10-year extender or a permanent 

14  extender, that sort of actual real deep 

15  consideration of bills, and especially of 

16  constitutional amendments, is one that we must do 

17  even here at the end of session when I know the 

18  list is long and the time is short.  

19               So I will vote yes on this bill.  

20  Again, I really appreciate the sponsor's 

21  explanation of it.  I would urge the sponsor to 

22  work with the State Comptroller on the 

23  possibility of perhaps a longer extension or, if 

24  there's a reason not to have that, perhaps that 

25  calls the entire mechanism into question.  

                                                               4107

 1               So I'll vote yes today.  I'll look 

 2  forward to further discussion and thought about 

 3  it this before it comes up again in the next 

 4  calendar year.  And I thank the sponsor.  

 5               Thank you, Mr. President.

 6               ACTING PRESIDENT GRIFFO:   Seeing 

 7  and hearing no other Senator wishing to be heard, 

 8  the Secretary will ring the bell and the debate 

 9  is closed.

10               The Secretary will call the roll on 

11  the resolution.

12               (The Secretary called the roll.)

13               ACTING PRESIDENT GRIFFO:   Announce 

14  the results.  

15               THE SECRETARY:   In relation to 

16  Calendar 1217, Senator Maziarz recorded in the 

17  negative.  

18               Ayes, 59.  Nays, 1.

19               ACTING PRESIDENT GRIFFO:   The 

20  resolution is adopted.

21               Senator Libous, that completes the 

22  reading of the controversial Rules calendar.

23               SENATOR LIBOUS:   Thank you, 

24  Mr. President.  

25               Could you call on Senator Ruth 

                                                               4108

 1  Hassell-Thompson at this point.

 2               ACTING PRESIDENT GRIFFO:   Senator 

 3  Hassell-Thompson.

 4               SENATOR HASSELL-THOMPSON:   Thank 

 5  you, Mr. President.

 6               There will be an immediate meeting 

 7  of the Democratic Conference in Room 315.

 8               ACTING PRESIDENT GRIFFO:    There 

 9  will be an immediate meeting of the Democrat 

10  Conference in Room 315.

11               Senator Libous.

12               SENATOR LIBOUS:   Mr. President, 

13  there will be a meeting of the Rules Committee at 

14  1:30 promptly, a meeting of the Rules Committee 

15  at 1:30 promptly.  I know that's a new word for 

16  the members of this house, but we're going to try 

17  to teach them the definition.

18               ACTING PRESIDENT GRIFFO:   There 

19  will be a Rules Committee meeting at 1:30 

20  promptly in Room 332.  

21               Until such time, the Senate stands 

22  at ease.

23               (Whereupon, the Senate stood at ease 

24  at 12:49 p.m.)

25               (Whereupon, the Senate reconvened at 

                                                               4109

 1  2:00 p.m.)

 2               ACTING PRESIDENT GRIFFO:   The 

 3  Senate will come to order.

 4               Senator Libous.

 5               SENATOR LIBOUS:   Mr. President, I 

 6  believe there's a report of the Rules Committee 

 7  at the desk.  Could we have it read at this time.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  Secretary will read.

10               THE SECRETARY:   Senator Skelos, 

11  from the Committee on Rules, reports the 

12  following bills:  

13               Senate Print 1361, by Senator 

14  Dilan, an act to amend the General Municipal Law; 

15               1369, by Senator Dilan, an act to 

16  amend the Highway Law; 

17               1989, by Senator Golden, an act to 

18  amend the Public Authorities Law; 

19               3114B, by Senator Espaillat, an act 

20  to amend the Public Housing Law; 

21               5423A, by Senator Larkin, an act to 

22  provide; 

23               5573C, by Senator Lanza, an act to 

24  amend the Not-for-Profit Corporation Law; 

25               6366A, by Senator LaValle, an act 

                                                               4110

 1  to amend the General Municipal Law; 

 2               6836, by Senator DeFrancisco, an 

 3  act to amend the Judiciary Law; 

 4               6839, by Senator Golden, an act to 

 5  amend the Tax Law; 

 6               7446, by Senator Robach, an act to 

 7  amend the Public Health Law; 

 8               And Senate Print 7451, by Senator 

 9  Skelos, an act to amend the Penal Law.  

10               All bills reported direct to third 

11  reading.

12               ACTING PRESIDENT GRIFFO:   Senator 

13  Libous.

14               SENATOR LIBOUS:   Thank you, 

15  Mr. President.  Can we move to accept the report 

16  of the Rules Committee.

17               ACTING PRESIDENT GRIFFO:   All in 

18  favor of accepting the Committee on Rules report 

19  signify by saying aye.

20               (Response of "Aye.")

21               ACTING PRESIDENT GRIFFO:   Opposed, 

22  nay.

23               (No response.)

24               ACTING PRESIDENT GRIFFO:   The 

25  Rules report is accepted.

                                                               4111

 1               Senator Libous.

 2               SENATOR LIBOUS:   Mr. President, if 

 3  we can jump back to motions while we're passing 

 4  out the supplemental calendar.

 5               ACTING PRESIDENT GRIFFO:   We will 

 6  return to motions and resolutions.

 7               SENATOR LIBOUS:   Thank you.

 8               On behalf of Senator Hannon, I wish 

 9  to call up his bill, Senate Print 7031, recalled 

10  from the Assembly, which is now at the desk.

11               ACTING PRESIDENT GRIFFO:   The 

12  Secretary will read.

13               THE SECRETARY:   Calendar Number 

14  819, by Senator Hannon, Senate Print 7031, an act 

15  to amend the Public Health Law.

16               SENATOR LIBOUS:   I now move to 

17  reconsider the vote by which this bill was 

18  passed.

19               ACTING PRESIDENT GRIFFO:   Call the 

20  roll on reconsideration.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 60.

23               SENATOR LIBOUS:   Mr. President, I 

24  offer up the following amendments.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4112

 1  amendments are received.  

 2               SENATOR LIBOUS:   Mr. President, at 

 3  this time could we have the noncontroversial 

 4  reading of Supplemental Calendar 56B, please.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  Secretary will read.

 7               THE SECRETARY:   Calendar Number 

 8  1202, by Senator Dilan, Senate Print 1361, an act 

 9  to amend the General Municipal Law.

10               ACTING PRESIDENT GRIFFO:   Read the 

11  last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect immediately.

14               ACTING PRESIDENT GRIFFO:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 60.

18               ACTING PRESIDENT GRIFFO:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  1207, by Senator Dilan, Senate Print 1369, an act 

22  to amend the Highway Law.

23               ACTING PRESIDENT GRIFFO:   Read the 

24  last section.

25               THE SECRETARY:   Section 5.  This 

                                                               4113

 1  act shall take effect immediately.

 2               ACTING PRESIDENT GRIFFO:   Call the 

 3  roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 60.

 6               ACTING PRESIDENT GRIFFO:   The bill 

 7  is passed.

 8               THE SECRETARY:   Calendar Number 

 9  1210, by Senator Golden, Senate Print 1989, an 

10  act to amend the Public Authorities Law.

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, 60.

19               ACTING PRESIDENT GRIFFO:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  1214, by Senator Espaillat, Senate Print 3114B, 

23  an act to amend the Public Housing Law.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               4114

 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, 60.

 7               ACTING PRESIDENT GRIFFO:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  1223, by Senator Larkin --

11               SENATOR LIBOUS:   Lay it aside for 

12  the day, please.

13               ACTING PRESIDENT GRIFFO:   Lay the 

14  bill aside for the day.

15               THE SECRETARY:   Calendar Number 

16  1224, by Senator Lanza, Senate Print 5573C, an 

17  act to amend the Not-for-Profit Corporation Law.

18               SENATOR LIBOUS:   Mr. President, I 

19  believe the bill is high; is that correct?  

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Libous, the bill is high.

22               The Secretary will read 1225 next 

23  on the calendar.

24               THE SECRETARY:   Senator LaValle 

25  moves to discharge, from the Committee on Rules, 

                                                               4115

 1  Assembly Bill 8268A and substitute it for the 

 2  identical Senate Bill Number 6366A, Third Reading 

 3  Calendar 1225.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  substitution is so ordered.

 6               There is a home-rule message at the 

 7  desk.

 8               The Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  1225, by Member of the Assembly Thiele, Assembly 

11  Print 8268A, an act to amend the General 

12  Municipal Law.

13               ACTING PRESIDENT GRIFFO:   Read the 

14  last section.

15               THE SECRETARY:   Section 2.  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, 59.  Nays.  

21  1.  Senator Zeldin recorded in the negative.

22               ACTING PRESIDENT GRIFFO:   The bill 

23  is passed.

24               THE SECRETARY:   Calendar Number 

25  1226, by Senator DeFrancisco, Senate Print 6836, 

                                                               4116

 1  an act to amend the Judiciary 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, 59.  Nays, 

10  1.  Senator Maziarz recorded in the negative.

11               ACTING PRESIDENT GRIFFO:   The bill 

12  is passed.

13               THE SECRETARY:   Calendar Number 

14  1227, by Senator Golden --

15               SENATOR LIBOUS:   Lay it aside for 

16  the day.

17               ACTING PRESIDENT GRIFFO:   Lay the 

18  bill aside for the day.

19               THE SECRETARY:   In relation to 

20  Calendar Number 1228, Senator Robach moves to 

21  discharge, from the Committee on Health, Assembly 

22  Bill Number 10095 and substitute it for the 

23  identical Senate Bill Number 7446, Third Reading 

24  Calendar 1228.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4117

 1  substitution is so ordered.

 2               The Secretary will read.

 3               THE SECRETARY:   Calendar Number 

 4  1228, by Member of the Assembly Simanowitz, 

 5  Assembly Print 10095, an act to amend the Public 

 6  Health Law.

 7               ACTING PRESIDENT GRIFFO:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect on the 90th day.

11               ACTING PRESIDENT GRIFFO:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   In relation to 

15  Calendar Number 1228, those recorded in the 

16  negative are Senators Duane, Gallivan, Little, 

17  Martins and Zeldin.

18               Ayes, 55.  Nays, 5.

19               ACTING PRESIDENT GRIFFO:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  1229, by Senator Skelos, Senate Print 7451, an 

23  act to amend the Penal Law.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               4118

 1               THE SECRETARY:   Section 5.  This 

 2  act shall take effect on the first of November.

 3               ACTING PRESIDENT GRIFFO:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 59.  Nays, 

 7  1.  Senator Duane recorded in the negative.

 8               ACTING PRESIDENT GRIFFO:   The bill 

 9  is passed.

10               Senator Libous, that completes the 

11  noncontroversial reading of Supplemental Calendar 

12  56B.

13               SENATOR LIBOUS:   Mr. President, 

14  thank you.  

15               As we move along here efficiently, 

16  I want to go to the Supplemental Active List 

17  Number 1, please.  And if we could read the 

18  noncontroversial reading of that list, please.

19               ACTING PRESIDENT GRIFFO:   The 

20  Secretary will read.

21               THE SECRETARY:   On page 14, 

22  Senator Ritchie moves to discharge, from the 

23  Committee on Agriculture, Assembly Bill Number 

24  9552A and substitute it for the identical Senate 

25  Bill Number 6774A, Third Reading Calendar 457.

                                                               4119

 1               ACTING PRESIDENT GRIFFO:   The 

 2  substitution is so ordered.

 3               The Secretary will read.

 4               THE SECRETARY:   Calendar Number 

 5  457, by Member of the Assembly McEneny, Assembly 

 6  Print 9552A, an act to amend the Agriculture and 

 7  Markets Law.

 8               ACTING PRESIDENT GRIFFO:   Read the 

 9  last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect on the 90th day.

12               ACTING PRESIDENT GRIFFO:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 59.  Nays, 

16  1.  Senator Duane recorded in the negative.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  1044, by Senator Gallivan, Senate Print 6747A --

21               SENATOR BRESLIN:   Lay it aside.

22               ACTING PRESIDENT GRIFFO:   Lay the 

23  bill aside.

24               THE SECRETARY:   Calendar Number 

25  1054, by Senator LaValle, Senate Print 3998C, an 

                                                               4120

 1  act to amend the Tax 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               ACTING PRESIDENT GRIFFO:   Announce 

10  the results.

11               THE SECRETARY:   In relation to 

12  Calendar Number 1054, those recorded in the 

13  negative are Senators Adams, Addabbo, Avella, 

14  Duane, Gianaris, Hassell-Thompson, Montgomery, 

15  Parker, Peralta, Perkins, Rivera, Serrano, 

16  Squadron and Stavisky.  

17               Ayes, 46.  Nays, 14.

18               ACTING PRESIDENT GRIFFO:   The bill 

19  is passed.

20               THE SECRETARY:   On page 47, 

21  Senator Carlucci moves to discharge, from the 

22  Committee on Rules, Assembly Bill Number 9301 and 

23  substitute it for the identical Senate Bill 

24  Number 6491, Third Reading Calendar 1117.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4121

 1  substitution is so ordered.

 2               There is a home-rule message at the 

 3  desk.

 4               The Secretary will read.

 5               THE SECRETARY:   Calendar Number 

 6  1117, by Member of the Assembly Jaffee, Assembly 

 7  Print Number 9301, an act to amend the General 

 8  Municipal Law.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 2.  This 

12  act shall take effect immediately.

13               THE PRESIDENT:   Call the roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 59.  Nays, 

16  1.  Senator Zeldin recorded in the negative.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  1188, by Senator Nozzolio, Senate Print --

21               SENATOR BRESLIN:   Lay it aside.

22               ACTING PRESIDENT GRIFFO:   Lay the 

23  bill aside.

24               Senator Libous, that completes the 

25  noncontroversial reading of Supplemental Active 

                                                               4122

 1  List Number 1.  

 2               SENATOR LIBOUS:   Mr. President.

 3               ACTING PRESIDENT GRIFFO:   Senator 

 4  Libous.

 5               SENATOR LIBOUS:   We're going to 

 6  call up the controversial reading of the 

 7  calendar, please.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  Secretary will ring the bell.

10               The Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  1044, by Senator Gallivan, Senate Print 6747A, an 

13  act to amend the Environmental Conservation Law.

14               SENATOR BRESLIN:   Explanation.

15               ACTING PRESIDENT GRIFFO:   Senator 

16  Gallivan, Senator Breslin has requested an 

17  explanation.

18               SENATOR GALLIVAN:   Thank you, 

19  Mr. President.

20               This bill would allow the 

21  Department of Environmental Conservation to 

22  promulgate standards to allow for a legalized 

23  crossbow-hunting season.  It will also require 

24  the DEC to adopt regulations for training and the 

25  safe use of hunting with a crossbow.

                                                               4123

 1               ACTING PRESIDENT GRIFFO:   Senator 

 2  Oppenheimer.

 3               SENATOR OPPENHEIMER:   Well, I 

 4  understand what Senator Gallivan is interested in 

 5  this bill, but we come from very different 

 6  parts --

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Oppenheimer, are you on the bill or are you --

 9               SENATOR OPPENHEIMER:   I'm sorry.  

10  I guess I'm on the bill, yes.

11               ACTING PRESIDENT GRIFFO:   Senator 

12  Oppenheimer on the bill.  

13               SENATOR OPPENHEIMER:   I was saying 

14  that I understand why Senator Gallivan wants this 

15  bill, but we do come from very different parts of 

16  the state.  And in my area of the state, the 

17  lower part of our state, we have pretty fair 

18  restrictions on what can be done in the bow 

19  hunting season.  

20               As some people may not understand, 

21  we have a bow hunting season in our state and we 

22  have a gun hunting season in our state.  What is 

23  happening here is the crossbow is being sought to 

24  be utilized in that longbow period.  It's a 

25  shorter period in our state, much shorter than 

                                                               4124

 1  our gun period for hunting.  

 2               And we understand that hunting is 

 3  very essential to our state, because we would 

 4  have a deer population that would simply starve 

 5  during the winter if we did not have a hunting 

 6  season.  And the DEC looks very closely at how 

 7  many days are needed to reduce the population of 

 8  the deer to a certain level where they can 

 9  sustain themselves.  So it's something we are 

10  very supportive of.

11               But it should not be bow hunting, 

12  it should not be crossbow hunting in a bow 

13  hunting season.  Because if you have ever seen a 

14  crossbow, you would think it is a gun.  You would 

15  not think it is a normal longbow.

16               And it doesn't have the accuracy of 

17  a gun.  And it is potentially kind of lethal.  It 

18  certainly looks a whole lot more like a gun, 

19  probably belongs in the gun hunting season, but 

20  certainly doesn't belong in an area in the south 

21  of our state.  Because we have very large 

22  populations, very dense populations, and this 

23  kind of hunting has always been prohibited in 

24  what we call longbow hunting season.  Which is a 

25  short period and usually utilized by the 

                                                               4125

 1  youngsters of our state to start to hunt with the 

 2  longbow.

 3               And this is I think a very bad 

 4  bill.  It is not the firearm season, it is the 

 5  longbow hunting season.  They're very different 

 6  and this certainly does not belong, the crossbow 

 7  does not belong in a densely populated area and 

 8  certainly not during the particular season that I 

 9  mentioned.  So that's the other side of this 

10  issue.  

11               I'll be voting no.

12               ACTING PRESIDENT GRIFFO:   Senator 

13  Gallivan.

14               SENATOR GALLIVAN:   Thank you, 

15  Mr. President.

16               And I apologize in advance if I do 

17  not address everything that Senator Oppenheimer 

18  brought up; I wasn't able to hear everything.  

19  But just a couple of comments.  

20               The IRS, the U.S. Fish and Wildlife 

21  Service, the Archery Trade Association all 

22  consider a crossbow archery equipment.  I would 

23  submit that the crossbows are more comparable to 

24  archery equipment than they are to firearms.  And 

25  I would just -- I would bring up a couple of 

                                                               4126

 1  points.  

 2               Crossbows and other bows I believe 

 3  differ only in that once an arrow is cocked in a 

 4  crossbow, the string does not need to be 

 5  continuously held or pulled back until released.

 6               Modern compound bows and crossbows 

 7  share similar ballistic characteristics, the 

 8  majority shooting the arrow between 300 and 

 9  350 feet per second.  Firearms shoot a projectile 

10  through the barrel at speeds of 2,000 to 3,000 

11  feet per second.

12               We very often, when we're 

13  discussing many different areas, look to the 

14  experts, in this case the DEC.  Senator 

15  Oppenheimer raises very valid points that 

16  downstate and upstate are different.  Our 

17  populations are somewhat different, the density 

18  of the populations, and the DEC takes that into 

19  account through different zones.  So certain 

20  things are allowed in some parts of the state and 

21  not in other parts of the state.  

22               The bill that I am putting forward 

23  does not compel the DEC to allow this in every 

24  single part of the state, it simply allows for it 

25  if they as the experts deem it appropriate.

                                                               4127

 1               Finally, the DEC, in its management 

 2  plan for white-tail deer in New York State from 

 3  2012 through 2016, supports the use of crossbows 

 4  and points to the law that was enacted in 2010, 

 5  stating that it does not address deer management 

 6  needs of our state.

 7               Thank you, Mr. President.

 8               ACTING PRESIDENT GRIFFO:   Thank 

 9  you, Senator Gallivan.

10               Senator Oppenheimer.

11               SENATOR OPPENHEIMER:   Thank you, 

12  Mr. President.

13               Perhaps we should have done a 

14  question and answer, Senator Gallivan.

15               But I can assure you that 

16  downstate, most of the counties only permit 

17  longbow hunting.  We don't permit hunting with 

18  guns.  We are just too densely populated.  And 

19  that is one reason that we feel very strongly 

20  that the crossbow, which as I said, it has a 

21  siting, it has a trigger, it works a whole lot 

22  like a gun.  I have pictures which you will think 

23  it is a gun.  

24               Downstate it's just too dangerous 

25  to have, where we limit so severely just to 

                                                               4128

 1  longbow hunting for very good reasons, to protect 

 2  our population.  

 3               What is our purpose?  Our purpose 

 4  is safety.  That's why we're all here.  One of 

 5  our main reasons for being in this chamber is to 

 6  make sure our residents, the citizens of this 

 7  state, are safe.  

 8               There may be different rules that 

 9  can apply upstate, but I can assure you downstate 

10  this is not a welcomed addition.

11               Thank you.

12               ACTING PRESIDENT GRIFFO:   Is there 

13  any other Senator wishing to be heard?

14               Seeing none, hearing none, the 

15  debate is closed.  

16               The Secretary will ring the bell.  

17               Read the last section.

18               THE SECRETARY:   Section 4.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   In relation to 

24  Calendar Number 1044, those recorded in the 

25  negative are Senators Adams, Diaz, Duane, 

                                                               4129

 1  Gianaris, Hassell-Thompson, Johnson, Marcellino, 

 2  Montgomery, Oppenheimer, Peralta, Perkins, 

 3  Rivera, Sampson, Serrano, Smith, Squadron, 

 4  Stavisky and Stewart-Cousins.

 5               Absent from voting:  Senators Ball, 

 6  Espaillat, Golden, Hannon and LaValle.

 7               Ayes, 37.  Nays, 18.

 8               ACTING PRESIDENT GRIFFO:   The bill 

 9  is passed.

10               The Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  1188, by Senator Nozzolio, Senate Print 3747, an 

13  act to amend the Correction Law.

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Rivera.

16               SENATOR RIVERA:   Thank you, 

17  Mr. President.  If the sponsor would yield for a 

18  few questions.

19               ACTING PRESIDENT GRIFFO:   Senator 

20  Nozzolio, do you yield?  

21               SENATOR NOZZOLIO:   Yes, 

22  Mr. President.  Before I yield, though, I'd like 

23  to explain the legislation.

24               ACTING PRESIDENT GRIFFO:   Can we 

25  have some order in the house, please {gaveling}.

                                                               4130

 1               SENATOR RIVERA:   Mr. President, 

 2  there certainly will be an opportunity through 

 3  the questions that I ask.  Through you, 

 4  Mr. President, if the sponsor would yield --

 5               ACTING PRESIDENT GRIFFO:   Senator 

 6  Rivera, the bill was laid aside, so I will allow 

 7  an explanation and then I will call upon you.

 8               Senator Nozzolio.

 9               SENATOR NOZZOLIO:   Thank you, 

10  Mr. President.  

11               Simply stated, Mr. President, this 

12  measure requires the State Department of 

13  Correctional Services to end a program known as 

14  the conjugal visit program or, euphemistically, 

15  as the family reunion program.  That it's a way 

16  to save $4 million, and this measure would do 

17  just that on an annual operating basis.

18               ACTING PRESIDENT GRIFFO:   Thank 

19  you, Senator Nozzolio.

20               Senator Rivera.

21               SENATOR RIVERA:   Thank you, 

22  Mr. President.  If the sponsor would yield for a 

23  few questions.

24               SENATOR NOZZOLIO:   Mr. President, 

25  I'd be happy to yield.

                                                               4131

 1               ACTING PRESIDENT GRIFFO:   The 

 2  sponsor yields.

 3               SENATOR RIVERA:   Thank you, 

 4  Mr. President.  

 5               Senator Nozzolio, through you, 

 6  Mr. President, are you familiar --

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Rivera, excuse me.  

 9               Again, in order to allow to 

10  expedite the conversation, can I please have some 

11  order in the house.  I'm going to ask all members 

12  and staff to take conversations outside the 

13  chamber.

14               Senator Rivera.

15               SENATOR RIVERA:   Thank you, 

16  Mr. President.

17               Again, through you.  Senator 

18  Nozzolio, are you familiar with the work of the 

19  Urban Institute?  

20               SENATOR NOZZOLIO:   Mr. President, 

21  is that the Urban Institute?  Mr. Rivera?  

22               SENATOR RIVERA:   Yes, sir.

23               SENATOR NOZZOLIO:   No, I am not, 

24  Mr. President.

25               SENATOR RIVERA:   Through you, 

                                                               4132

 1  Mr. President, if the sponsor would continue to 

 2  yield.

 3               SENATOR NOZZOLIO:   Yes, 

 4  Mr. President.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  sponsor yields.

 7               SENATOR RIVERA:   Through you, 

 8  Mr. President, the Urban Institute is a 

 9  nonpartisan economic and social policy research 

10  outfit based out of D.C.  And the reason I'm 

11  asking is because they do a lot of work as it 

12  related to formerly incarcerated individuals and 

13  recidivism in particular.  

14               So are you familiar with the -- 

15  there's a series of studies that the Urban 

16  Institute has done called "Returning Home."  Are 

17  you familiar with those -- through you, 

18  Mr. President, are you familiar with those 

19  studies?

20               SENATOR NOZZOLIO:   Mr. President, 

21  I'd like to know more about the Urban Institute.  

22  Can Senator Rivera indicate who funds this 

23  institute, where does their money come from, and 

24  what other studies have they accomplished?

25               ACTING PRESIDENT GRIFFO:   Senator 

                                                               4133

 1  Rivera, do you yield for that question?  

 2               SENATOR RIVERA:   I would certainly 

 3  yield for questions after I finish my set of 

 4  questions.

 5               So again through you, 

 6  Mr. President, is the sponsor aware of the 

 7  "Returning Home" set of studies that the Urban 

 8  Institute has done over the years?  

 9               SENATOR NOZZOLIO:   Mr. President, 

10  I don't know a thing about this institute.  I 

11  don't know where they get their money, I don't 

12  know what they do, how they're funded, who 

13  supports them, who sponsors them.  I must admit I 

14  don't know anything about this institution.  

15  Possibly Senator Rivera could enlighten us and 

16  provide some background about this institution.

17               SENATOR RIVERA:   Through you, 

18  Mr. President, if the sponsor would continue to 

19  yield.

20               SENATOR NOZZOLIO:   Yes, 

21  Mr. President, I'd be happy to yield.

22               ACTING PRESIDENT GRIFFO:   The 

23  sponsor yields.

24               SENATOR RIVERA:   While I would 

25  love to on the record regale you with the story 

                                                               4134

 1  of 40 years of studies of this particular 

 2  nonpartisan organization, for today I wanted to 

 3  see if -- through you, Mr. President -- we could 

 4  talk a little bit about a set of studies.  And 

 5  the reason I asked you about them is because of 

 6  the work that they've done as it refers to 

 7  recidivism and finding out what the impact -- or 

 8  ways in which we can keep people from returning 

 9  to prison.

10               So there's a series of studies that 

11  they did particularly in Illinois and Maryland 

12  there's a series of studies called "Returning 

13  Home" that they have done.  And as you admitted, 

14  you're not familiar with these studies.  But in 

15  your estimation -- I mean, you're not familiar 

16  with these studies, but in your estimation is 

17  there an impact that family cohesion, let's say, 

18  is there an impact on whether somebody -- does 

19  that impact, family cohesion, the idea of whether 

20  people are -- that have a family, have 

21  connections with them through the time that they 

22  are imprisoned, once they exit prison, does this 

23  connection between them and their family through 

24  the time that they were incarcerated, does that, 

25  in your estimation, have an impact on whether 

                                                               4135

 1  that person returns to prison or not?  

 2               SENATOR NOZZOLIO:   Mr. President, 

 3  I'd be happy to engage in this dialogue.  But 

 4  with all due respect, there still are a number of 

 5  conversations going on in the chamber and it is 

 6  difficult for me to hear all of the commentary of 

 7  Senator Rivera, which I very much want to hear 

 8  and add to the strength of this debate.  Could 

 9  you please demand order in the chamber.

10               ACTING PRESIDENT GRIFFO:   Again, 

11  I'm going to ask all the members, before I begin 

12  to cite members specifically, if you would take 

13  your conversations outside the chamber.  Please, 

14  members who are engaging in conversations in the 

15  chamber, please take your conversations outside 

16  the chamber.

17               SENATOR RIVERA:   I think we're 

18  good now, Mr. President.

19               ACTING PRESIDENT GRIFFO:   You may 

20  continue.

21               SENATOR RIVERA:   Very well.  I 

22  will ask again, now that all the conversations 

23  are outside -- oh, you did --

24               SENATOR NOZZOLIO:   I don't think 

25  that's necessary, Senator.  Let me try, if I may 

                                                               4136

 1  through the chair, to answer Senator Rivera's 

 2  question.

 3               Certainly I believe that there 

 4  should be family responsibility, family 

 5  connection.  And in many cases the reason why an 

 6  individual is incarcerated in the first place is 

 7  because there has been a breakdown of the 

 8  family -- the family structure, the family 

 9  discipline.  A lot of issues of course are 

10  involved with every individual who's 

11  incarcerated.  But I believe that a common theme 

12  throughout those who have committed crime is the 

13  fact that family responsibility and cohesiveness 

14  and discipline and other issues were not 

15  established.

16               Having said that, I also believe 

17  very strongly, Mr. President, that there should 

18  be some connection between the family and those 

19  who are incarcerated.  As a matter of fact, 

20  members of this house encouraged and really 

21  established, through legislation, through direct 

22  contact with prior governors, to eliminate a very 

23  costly prohibitive system where inmates' families 

24  who were making long-distance phone calls into 

25  their correctional facility to discuss issues 

                                                               4137

 1  with their loved ones who are incarcerated, they 

 2  were paying exorbitant, exorbitant fees, far 

 3  beyond the market value of the phone call.  

 4               And those fees the Department of 

 5  Corrections said were funding programs.  Frankly, 

 6  though, I believe they were a significant 

 7  impediment to be able to contact individual 

 8  family connection.

 9               So yes, Mr. President, I am aware 

10  of the need to have a family connection.  But 

11  this legislation strongly says that, although we 

12  encourage family visiting and family phone 

13  calling, that the conjugal visit issue is one 

14  that should be revisited and in effect eliminated 

15  by this legislation.

16               SENATOR RIVERA:   Through you, 

17  Mr. President, if the sponsor would continue to 

18  yield.

19               ACTING PRESIDENT GRIFFO:   The 

20  sponsor yields.

21               SENATOR RIVERA:   Thank you, 

22  Mr. President.

23               So if I understand this correctly, 

24  Senator Nozzolio, you are equating a phone call 

25  to an in-person visit?  Is that a correct 

                                                               4138

 1  assumption?  

 2               SENATOR NOZZOLIO:   Mr. President, 

 3  absolutely not.  And maybe the chamber was still 

 4  too loud and Senator Rivera did not hear me.  Let 

 5  me repeat it.  That I strongly said that 

 6  connection with family is important.  And there 

 7  is no way in the world I was equating a family 

 8  visit with a phone call.  That certainly a visit 

 9  would be appropriate.

10               This legislation before us, 

11  Mr. President, does not eliminate visits.  

12  There's no way it discourages visitation to 

13  correctional facilities to visit inmates who are 

14  incarcerated.  What it says, though, is the state 

15  is not going to pay for the design, production, 

16  and management of conjugal visits, which we 

17  certainly know are visits of a different nature.

18               SENATOR RIVERA:   Through you, 

19  Mr. President, if the sponsor would continue to 

20  yield.

21               ACTING PRESIDENT GRIFFO:   The 

22  sponsor yields.

23               SENATOR RIVERA:   Thank you, 

24  Mr. President.

25               So, Senator Nozzolio, again to 

                                                               4139

 1  clarify, there are -- the program that we're 

 2  talking about, either known as conjugal visits or 

 3  family reunion programs, do they -- right now do 

 4  they happen between incarcerated individuals and 

 5  their families, including their children?  Is 

 6  that correct?  

 7               SENATOR NOZZOLIO:   Yes, 

 8  Mr. President.

 9               SENATOR RIVERA:   Through you, 

10  Mr. President, if the sponsor would continue to 

11  yield.

12               ACTING PRESIDENT GRIFFO:   The 

13  sponsor yields.

14               SENATOR RIVERA:   So through you, 

15  Mr. President, if then, as you admitted, you do 

16  not equate a phone call to an in-person visit -- 

17  which I agree with you a hundred percent.  I talk 

18  to my parents every week, call them once a week.  

19  And if I don't, my dad calls me and reminds me 

20  that I have to do it.  But I love seeing my folks 

21  in the same way that everyone in this chamber 

22  likes to see their family.  

23               So since you, as you admitted, do 

24  not equate one with the other, and this is a 

25  program which exists right now which facilitates 

                                                               4140

 1  visits between incarcerated individuals and their 

 2  families, including their children, wouldn't the 

 3  elimination of this program actually make this 

 4  much more difficult and indeed, in some cases, 

 5  impossible?  

 6               SENATOR NOZZOLIO:   Mr. President, 

 7  this legislation, to clarify does in no way 

 8  eliminate the opportunity for a family to visit 

 9  their loved ones in prison.  Visitation is not 

10  eliminated by this legislation.

11               We're simply saying that the normal 

12  visiting hours are sufficient to do that type of 

13  visitation.  That the expense, the management, 

14  the maintenance of additional exclusive visiting 

15  time should not be maintained by our taxpayers.

16               I should also add that the 

17  Department of Corrections is engaging in policies 

18  that are upside down, in that those who are 

19  incarcerated in many ways for life, in many 

20  instances for life, have the opportunity to have 

21  visitors every day at our maximum-security 

22  facilities.  In the medium-security facilities, 

23  visiting is much less frequently allowed.  As a 

24  matter of fact, it's allowed -- those who have 

25  committed lesser crimes who have shorter 

                                                               4141

 1  sentences are, by the Corrections Department's 

 2  own policies, having fewer visitors.  And that 

 3  that, to me, doesn't make sense.  We have at the 

 4  extreme, at the maximum-security inmate level, 

 5  where some who have been convicted of the most 

 6  heinous crimes imaginable are allowed these types 

 7  of visitations.  

 8               And that this was brought to a 

 9  head, Senator, when a former governor one or two 

10  governors ago established a major appropriation, 

11  close to a million dollars, to retrofit in one of 

12  our maximum security facilities of this state, a 

13  trailer system for conjugal private visits.  At a 

14  time when we were seeing school education 

15  slashed, when we were seeing teachers losing 

16  their jobs, when we were seeing correction 

17  officers lose their jobs, when we were seeing 

18  prisons closed -- when all aspects of state 

19  government have to do more with less, at the same 

20  time we were seeing a expenditure that I believe 

21  and many believe, my constituents -- and frankly, 

22  there were 40,000 who visited my website and 

23  demanded that this type of expenditure be cut.  

24               And those weren't 40,000 just from 

25  my district, it was from all across the state 

                                                               4142

 1  asking for this type of expenditure to be cut, to 

 2  be not engaged in.  And I respect those opinions 

 3  of the over 40,000 who emailed me, from all 

 4  New Yorkers, who indicated they believe this 

 5  expenditure was inappropriate in these 

 6  tremendously difficult economic times.

 7               So we're saying this is a choice.  

 8  It's a choice that we're trying to make on behalf 

 9  of our taxpayers.  That it's an expenditure well 

10  over $4 million a year that needs to be cut.  And 

11  that's what the proposal is, to cut this specific 

12  expenditure.  

13               It does not, to clarify Senator 

14  Rivera's very telling questions, it does not cut 

15  any visitation of inmates in the regular course 

16  of visitation hours established already by our 

17  correctional facilities.  It simply eliminates 

18  the expense of this particular specific 

19  conjugal-visit program.

20               SENATOR RIVERA:   Mr. President, on 

21  the bill.

22               ACTING PRESIDENT GRIFFO:   Senator 

23  Rivera on the bill.

24               SENATOR RIVERA:   Thank you, 

25  Mr. President.  

                                                               4143

 1               And again, thank you, Senator 

 2  Nozzolio.  As we did last year, we will debate it 

 3  again in years to come, I am sure.

 4               A few things.  The studies that I 

 5  mentioned at the beginning from this 

 6  organization, which again the Urban Institute -- 

 7  and I would encourage the -- I will actually 

 8  bring some of the history over to Senator 

 9  Nozzolio.  I would not bore everyone with the 

10  history of this organization.  But it is a 

11  40-year organization that has produced 

12  nonpartisan work on social issues and economic 

13  issues.  

14               And in this particular case it 

15  has presented a series of studies that outline 

16  the way in which family cohesion, connections 

17  with family, impacts whether had a person goes 

18  back to prison or not.  And particularly when 

19  we're talking about Illinois or Maryland, which 

20  is where a lot of these numbers exist, the 

21  connection is clear.  When there is an individual 

22  that has connection with their family while they 

23  are incarcerated, they do not want to come back 

24  and be incarcerated because they believe that 

25  they have something to go back to.

                                                               4144

 1               An in-person visit, which is what 

 2  this family reunification program facilitates -- 

 3  it certainly does not guarantee it, but it 

 4  facilitates it.  And that is really the 

 5  distinction here.  

 6               Senator Nozzolio spoke about 

 7  choices, and I certainly think that we've had 

 8  many conversations on this floor about choices 

 9  that we have to make.

10               Now, most of those folks that are 

11  incarcerated upstate are going to return home.  

12  And when they return home, they're going to come 

13  to my district.  They're going to come to 

14  Yonkers, they're going to come to Brooklyn, 

15  they're going to come to the South Bronx, they're 

16  going to come to Harlem.  They're going to come 

17  back.  We don't want them to go back upstate.  We 

18  want them to stay home.  And to have -- this 

19  family program, this family reunion program 

20  facilitates that.

21               I believe that it is a choice that 

22  is a good choice.  Four million dollars is an 

23  expenditure, yes.  But this expenditure actually 

24  facilitates thousands of these individuals not 

25  wanting to commit more crimes.

                                                               4145

 1               I believe that when you have a 

 2  family member that has connection with their 

 3  children, that knows that they have committed a 

 4  mistake -- I had the opportunity just a few 

 5  months ago to go to a Parole Board hearing and 

 6  sit in the back while there was a lady who was 

 7  being interviewed by the Parole Board 

 8  commissioners.  And they showed her a picture.  

 9  They said, "Do you know who this?"  Immediately 

10  when she saw the picture she started to weep.  

11  She said, That's my daughter.  And she's about 

12  3, and I barely have seen her.  I want to go back 

13  to her."

14               What we're saying here is this is a 

15  program that facilitates connections between 

16  people incarcerated and people that are back 

17  home.  To eliminate this is not really, again, 

18  about saving money.  

19               Four million dollars, yes, it is a 

20  chunk of change.  But ultimately when we're 

21  talking about whether these people return back to 

22  prison, when all the studies have demonstrated 

23  that family cohesion and family unity are one of 

24  the things that most determine whether someone is 

25  going to return to prison or not, to make the 

                                                               4146

 1  choice to eliminate this program seems to me to 

 2  continue what a lot of other bills that we've 

 3  considered both on this floor and in the 

 4  committee do.  Just like the one that we talked 

 5  about yesterday, they are overly punitive and 

 6  overly vindictive and ultimately are not good 

 7  policy.  

 8               If we want to make sure that these 

 9  people go back to their homes -- I should say 

10  come back to their homes.  Come back to the 

11  Bronx, come back to Brooklyn, come back to Harlem 

12  and stay there and become productive members of 

13  society, they need to have a reason to do so.  

14  This is a program that facilitates that family 

15  cohesion, facilitates that family unity, gives 

16  them a reason to stay back home and not go back 

17  to prison.

18               Now, you're certainly right that if 

19  this bill were to become law it would not 

20  prohibit family visitation.  But it would 

21  certainly make it harder for the situation in 

22  which children visiting their parents can happen.

23               And if this happens, then you're 

24  going to have folks that are upstate that might 

25  not be able to get on the phone to their 

                                                               4147

 1  children.  Their children might be too young to 

 2  even get on the phone with them.  And that 

 3  person-to-person interaction is eliminated.

 4               I believe ultimately that this is a 

 5  bill that does not try to resolve a real policy 

 6  issue but instead comes from a perspective of 

 7  saying if they are incarcerated, they not only 

 8  deserve to be incarcerated but they deserve 

 9  everything that we do to be ultimately a 

10  punishment.  They are being punished already by 

11  being in prison.  Let's not punish them further 

12  by cutting off connections to their family and 

13  therefore giving them no reason to want to come 

14  back to my neighborhood and be productive members  

15  of society.  

16               I vote in the negative on this 

17  bill.  Thank you.  

18               ACTING PRESIDENT GRIFFO:   Any 

19  other Senator wishing to be heard?

20               Seeing none, hearing none, the 

21  debate is closed.  

22               The Secretary will ring the bell. 

23               The Secretary will read the last 

24  section.

25               THE SECRETARY:   Section 2.  This 

                                                               4148

 1  act shall take effect immediately.

 2               ACTING PRESIDENT GRIFFO:   Call the 

 3  roll.

 4               (The Secretary called the roll.)

 5               ACTING PRESIDENT GRIFFO:   Senator 

 6  Nozzolio to explain his vote.

 7               SENATOR NOZZOLIO:   Thank you, 

 8  Mr. President.

 9               Mr. President, I wish to thank my 

10  colleagues and especially Senator Rivera for a 

11  very respectful and open discussion on an 

12  important issue.  That what we're trying to do 

13  with this measure is save taxpayers dollars.  In 

14  tough economic times it becomes more and more 

15  imperative.  

16               And the over 40,000 citizens of 

17  this state who asked us to cut this particular 

18  expenditure out of the budget makes all the 

19  dollars and sense in the world in terms of moving 

20  New York forward.  Spending less, creating more 

21  effective and efficient state government is all 

22  our objective, and it's the objective of the 

23  legislation before us.

24               Thank you, Mr. President, for a 

25  very thoughtful debate to date, and that I very 

                                                               4149

 1  much hope that we will enact this measure.

 2               ACTING PRESIDENT GRIFFO:   Senator 

 3  Nozzolio to be recorded in the affirmative.

 4               Senator Diaz to explain his vote.

 5               SENATOR DIAZ:   Thank you, 

 6  Mr. President.

 7               Just to congratulate Gustavo 

 8  Rivera, Senator Rivera for his explanation, and 

 9  to call to the attention of Senator Nozzolio that 

10  when you say that you're doing it to protect and 

11  to save people's money, when you break the 

12  family, when you break the family, you don't save 

13  money.  In the long run, you are going to spend 

14  more money.  

15               So I'm very impressed with what 

16  Senator Gustavo said about keeping families 

17  together.  And you on that side, you are the 

18  Republican side.  You are the side -- you are the 

19  pro-family side.  You are the traditional family, 

20  you are the protector of the family.  You're 

21  supposed to be the protector of the family, the 

22  pro-family, the unity.  

23               And, you know, you're surprising me 

24  now with this kind of breaking the family to save 

25  $4 million.  At the end, at the end, ladies and 

                                                               4150

 1  gentlemen, you're going to pay more.  

 2               So I'm voting no.

 3               ACTING PRESIDENT GRIFFO:   Senator 

 4  Diaz to be recorded in the negative.

 5               Announce the results.

 6               THE SECRETARY:   In relation to 

 7  Calendar Number 1188, those recorded in the 

 8  negative are Senators Adams, Addabbo, Avella, 

 9  Breslin, Diaz, Dilan, Duane, Hassell-Thompson, 

10  Montgomery, Oppenheimer, Parker, Peralta, 

11  Perkins, Rivera, Sampson, Savino, Smith, 

12  Squadron, Stavisky, and Stewart-Cousins.  Also 

13  Senator Gianaris.  Also Senator Kennedy.  Also 

14  Senator Serrano.

15               Absent from voting are Senators 

16  Espaillat and Hannon.

17               Ayes, 35.  Nays, 23.

18               ACTING PRESIDENT GRIFFO:   The bill 

19  is passed.

20               Senator Fuschillo, that completes 

21  the controversial reading of Supplemental Active 

22  List Number 1.

23               SENATOR FUSCHILLO:   Please 

24  recognize Senator Hassell-Thompson.

25               ACTING PRESIDENT GRIFFO:   Senator 

                                                               4151

 1  Hassell-Thompson.

 2               SENATOR HASSELL-THOMPSON:   Thank 

 3  you, Mr. President.  There will be an immediate 

 4  meeting of the Democratic Conference in Room 315.

 5               ACTING PRESIDENT GRIFFO:   There's 

 6  an immediate meeting of the Democrat Conference 

 7  in Room 315.

 8               Senator Fuschillo.

 9               SENATOR FUSCHILLO:   Mr. President, 

10  there will be a meeting of the Rules Committee at 

11  3:45 promptly in Room 332, and the Senate will 

12  stand at ease.

13               ACTING PRESIDENT GRIFFO:   There 

14  will be a meeting of the Rules Committee at 3:45 

15  promptly.  Until such time, the Senate stands at 

16  ease.

17               (Whereupon, the Senate stood at ease 

18  at 2:56 p.m.)

19               (Whereupon, the Senate reconvened at 

20  4:26 p.m.)

21               ACTING PRESIDENT GRIFFO:   The 

22  Senate will come to order.

23               Senator Libous.

24               SENATOR LIBOUS:   Mr. President, I 

25  believe there's a report of the Rules Committee 

                                                               4152

 1  at the desk.  Could we have it read at this time.

 2               ACTING PRESIDENT GRIFFO:   The 

 3  Secretary will read the report of the 

 4  Rules Committee.  

 5               THE SECRETARY:   Senator Skelos, 

 6  from the Committee on Rules, reports the 

 7  following bills:  

 8               Senate Print 2747A, by Senator 

 9  Serrano, an act to amend the Parks, Recreation 

10  and Historic Preservation Law; 

11               3300, by Senator Addabbo, an act to 

12  amend the Vehicle and Traffic Law; 

13               3684, by Senator Adams, an act to 

14  amend the Military Law; 

15               4725, by Senator Kennedy, an act to 

16  amend the Penal Law; 

17               4931B, by Senator Bonacic, an act 

18  to amend the Town Law; 

19               5215C, by Senator Griffo, an act to 

20  amend the General Business Law; 

21               5288A, by Senator Lanza, an act to 

22  amend the Correction Law; 

23               6610, by Senator Bonacic, an act to 

24  amend the Education Law; 

25               6248, by Senator Grisanti, an act 

                                                               4153

 1  to amend the Labor Law; 

 2               6373, by Senator Golden, an act to 

 3  amend Chapter 548 of the Laws of 2004; 

 4               6424, by Senator Grisanti, an act 

 5  to amend the Education Law; 

 6               6427, by Senator Gallivan, an act 

 7  to amend the Executive Law; 

 8               6766, by Senator Savino, an act to 

 9  amend the Tax Law; 

10               6796A, by Senator Golden, an act to 

11  amend the Executive Law; 

12               6818, by Senator Golden, an act to 

13  amend the Executive Law; 

14               6856, by Senator Nozzolio, an act 

15  to amend the Penal Law; 

16               7187B, by Senator Bonacic, an act 

17  authorizing payment; 

18               7216, by Senator Grisanti, an act 

19  to amend the Alcoholic Beverage Control Law; 

20               7237, by Senator Farley, an act to 

21  amend the Education Law; 

22               7238, by Senator Farley, an act to 

23  amend the Education Law; 

24               7239, by Senator Farley, an act to 

25  amend the Education Law; 

                                                               4154

 1               7326, by Senator Hannon, an act to 

 2  amend the Public Health Law; 

 3               7513, by Senator Skelos, an act to 

 4  authorize the assessor;

 5               And Senate 7543, by Senator Libous, 

 6  an act to amend the State Finance Law.

 7               All bills reported direct to third 

 8  reading.

 9               ACTING PRESIDENT GRIFFO:   Senator 

10  Libous.

11               SENATOR LIBOUS:   Mr. President, I 

12  move to accept the report of the Rules Committee.

13               ACTING PRESIDENT GRIFFO:   All in 

14  favor of accepting the Rules Committee report 

15  signify by saying aye.

16               (Response of "Aye.")

17               ACTING PRESIDENT GRIFFO:   Opposed, 

18  nay.

19               (No response.)

20               ACTING PRESIDENT GRIFFO:   The 

21  Rules Committee report is accepted.  

22               Senator Libous.

23               SENATOR LIBOUS:   Mr. President, 

24  can we go to motions and resolutions for a 

25  moment, please.

                                                               4155

 1               ACTING PRESIDENT GRIFFO:   We'll 

 2  return to motions and resolutions.

 3               SENATOR LIBOUS:   Thank you.  

 4               On behalf of Senator Little, on 

 5  page 42 I offer the following amendments to 

 6  Calendar Number 1050, Senate Print 346, and ask 

 7  that said bill retain its place on the Third 

 8  Reading Calendar.

 9               ACTING PRESIDENT GRIFFO:   The 

10  amendments are received, and the bill shall 

11  retain its place on third reading.

12               SENATOR LIBOUS:   Mr. President, 

13  could we now take up the noncontroversial reading 

14  of Supplemental Calendar 56C.

15               ACTING PRESIDENT GRIFFO:   The 

16  Secretary will read.

17               THE SECRETARY:   Calendar Number 

18  1230, by Senator Serrano, Senate Print 2747A, an 

19  act to amend the Parks, Recreation and Historic 

20  Preservation Law.

21               ACTING PRESIDENT GRIFFO:   Read the 

22  last section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect January 1, 2013.

25               ACTING PRESIDENT GRIFFO:   Call the 

                                                               4156

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 57.  Nays, 

 4  3.  Senators Ball, Martins and Zeldin recorded in 

 5  the negative.

 6               ACTING PRESIDENT GRIFFO:   The bill 

 7  is passed.

 8               THE SECRETARY:   Calendar Number 

 9  1231, by Senator Addabbo, Senate Print 3300, an 

10  act to amend the Vehicle and Traffic Law.

11               ACTING PRESIDENT GRIFFO:   Read the 

12  last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect on the 180th day.

15               ACTING PRESIDENT GRIFFO:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 58.  Nays, 

19  2.  Senators Ball and Zeldin recorded in the 

20  negative.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  1232, by Senator Adams, Senate Print 3684, an act 

25  to amend the Military Law.

                                                               4157

 1               ACTING PRESIDENT GRIFFO:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT GRIFFO:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 60.

 9               ACTING PRESIDENT GRIFFO:   The bill 

10  is passed.

11               THE SECRETARY:   Calendar Number 

12  1233, by Senator Kennedy, Senate Print 4725, an 

13  act to amend the Penal Law.

14               ACTING PRESIDENT GRIFFO:   Read the 

15  last section.

16               THE SECRETARY:   Section 3.  This 

17  act shall take effect on the first of November.

18               ACTING PRESIDENT GRIFFO:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               ACTING PRESIDENT GRIFFO:   Senator 

22  Kennedy to explain his vote.

23               SENATOR KENNEDY:   Thank you, 

24  Mr. President.

25               First of all, I want to thank my 

                                                               4158

 1  colleagues for their support on this bill and 

 2  bring it to the floor of the Senate for a vote.  

 3               This bill takes a stand against the 

 4  financial exploitation of seniors and people with 

 5  disabilities.  Whether we're talking about 

 6  physical abuse, emotional abuse, or financial 

 7  exploitation, elder abuse is an increasingly 

 8  predominant concern as our aged population 

 9  increases.  

10               To put it simply, elder abuse is a 

11  growing crisis.  Between 2008 and 2009, 

12  approximately 260,000 New Yorkers were victims of 

13  elder abuse.  What's worse is that a recent 

14  statewide study estimated that the number of 

15  elder abuse incidents in New York is nearly 

16  24 times greater than the number of cases 

17  referred to authorities.

18               That's absolutely appalling.  There 

19  are people out there hurting and exploiting 

20  senior citizens and getting away with it, and 

21  this needs to change.

22               This bill takes an important step 

23  forward in strengthening laws against elder 

24  abuse.  Specifically, this legislation will enact 

25  tougher penalties for people who financially 

                                                               4159

 1  exploit seniors and people with disabilities.  It 

 2  gives law enforcement the tools they need to 

 3  crack down on elder abuse by including the 

 4  financial exploitation of seniors within the 

 5  crime of larceny.  

 6               Presently our state has no legal 

 7  provision that specifically addresses financial 

 8  abuse of seniors.  This has led to instances 

 9  where prosecutors have not been able to bring 

10  sufficient charges against people who have 

11  exploited vulnerable senior citizens or people 

12  with disabilities.  

13               This new section of the law will 

14  attack and prevent this crime while giving 

15  authorities the authority they need to stop scam 

16  artists from defrauding seniors.  

17               With New York's population aging, 

18  this problem will continue to get worse unless we 

19  act now.  We need to step up our efforts to 

20  protect the most vulnerable New Yorkers.  I thank 

21  my colleagues for supporting this important 

22  measure to keep seniors safe and individuals with 

23  disabilities safe.  

24               Mr. President, I vote aye.

25               ACTING PRESIDENT GRIFFO:   Senator 

                                                               4160

 1  Kennedy to be recorded in the affirmative.

 2               Announce the results.

 3               THE SECRETARY:   Ayes, 60.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  1234, by Senator Bonacic, Senate Print 4931B, an 

 8  act to amend the Town Law.

 9               ACTING PRESIDENT GRIFFO:   The bill 

10  is high.

11               SENATOR LIBOUS:   Thank you, 

12  Mr. President.

13               THE SECRETARY:   Calendar Number 

14  1235, by Senator Griffo, Senate Print 5215C, an 

15  act to amend the General Business Law.

16               ACTING PRESIDENT GRIFFO:   Read the 

17  last section.

18               THE SECRETARY:   Section 7.  This 

19  act shall take effect on the 180th day.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 59.  Nays, 

24  1.  Senator Maziarz recorded in the negative.

25               ACTING PRESIDENT GRIFFO:   The bill 

                                                               4161

 1  is passed.

 2               THE SECRETARY:   Calendar Number 

 3  1236, by Senator Lanza, Senate Print 5288A, an 

 4  act to amend the Correction Law.

 5               ACTING PRESIDENT GRIFFO:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect on the 90th day.

 9               ACTING PRESIDENT GRIFFO:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 59.  Nays, 

13  1.  Senator Montgomery recorded in the negative.

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is passed.

16               THE SECRETARY:   Calendar Number 

17  1237, by Senator Bonacic --

18               SENATOR LIBOUS:   Lay it aside for 

19  the day, please.

20               ACTING PRESIDENT GRIFFO:   Lay the 

21  bill aside for the day.

22               THE SECRETARY:   Calendar Number 

23  1238, by Senator Grisanti, Senate Print 6248, an 

24  act to amend the Labor Law.

25               ACTING PRESIDENT GRIFFO:   Read the 

                                                               4162

 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, 60.

 8               ACTING PRESIDENT GRIFFO:   The bill 

 9  is passed.

10               THE SECRETARY:   In relation to 

11  Calendar Number 1239, Senator Golden moves to 

12  discharge, from the Committee on Higher 

13  Education, Assembly Bill Number 9167 and 

14  substitute it for the identical Senate Bill 

15  Number 6373, Third Reading Calendar 1239.

16               ACTING PRESIDENT GRIFFO:   The 

17  substitution is so ordered.  

18               The Secretary will read.

19               THE SECRETARY:   Calendar Number 

20  1239, by Member of the Assembly Lentol, Assembly 

21  Print 9167, an act to amend Chapter 548 of the 

22  Laws of 2004.

23               ACTING PRESIDENT GRIFFO:   Read the 

24  last section.

25               THE SECRETARY:   Section 2.  This 

                                                               4163

 1  act shall take effect immediately.

 2               ACTING PRESIDENT GRIFFO:   Call the 

 3  roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 60.

 6               ACTING PRESIDENT GRIFFO:   The bill 

 7  is passed.

 8               THE SECRETARY:   In relation to 

 9  Calendar Number 1240, Senator Grisanti moves to 

10  discharge, from the Committee on Higher 

11  Education, Assembly Bill Number 9391 and 

12  substitute it for the identical Senate Bill 

13  Number 6424, Third Reading Calendar 1240.

14               ACTING PRESIDENT GRIFFO:   The 

15  substitution is so ordered.

16               The Secretary will read.

17               THE SECRETARY:   Calendar Number 

18  1240, by Member of the Assembly Peoples-Stokes, 

19  Assembly Print 9391, an act to amend the 

20  Education 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 

                                                               4164

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 60.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  1241, by Senator Gallivan, Senate Print 6427, an 

 8  act to amend the Executive Law.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 2.  This 

12  act shall take effect on the fist of November.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 60.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  1242, by Senator Savino, Senate Print 6766, an 

21  act to amend the Tax Law.

22               ACTING PRESIDENT GRIFFO:   Read the 

23  last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect immediately.

                                                               4165

 1               ACTING PRESIDENT GRIFFO:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 59.  Nays, 

 5  1.  Senator LaValle recorded in the negative.

 6               ACTING PRESIDENT GRIFFO:   The bill 

 7  is passed.

 8               THE SECRETARY:   Calendar Number 

 9  1243, by Senator Golden, Senate Print 6796A, an 

10  act to amend the Executive Law.

11               ACTING PRESIDENT GRIFFO:   Read the 

12  last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect on the 180th day.

15               ACTING PRESIDENT GRIFFO:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 58.  Nays, 

19  2.  Senators LaValle and Maziarz recorded in the 

20  negative.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  1244, by Senator Golden, Senate Print 6818, an 

25  act to amend the Executive Law.

                                                               4166

 1               ACTING PRESIDENT GRIFFO:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 46.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT GRIFFO:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 60.

 9               ACTING PRESIDENT GRIFFO:   The bill 

10  is passed.

11               THE SECRETARY:   Calendar Number 

12  1245, by Senator Nozzolio, Senate Print 6856, an 

13  act to amend the Penal Law.

14               ACTING PRESIDENT GRIFFO:   Read the 

15  last section.

16               THE SECRETARY:   Section 4.  This 

17  act shall take effect immediately.

18               ACTING PRESIDENT GRIFFO:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   In relation to 

22  Calendar Number 1245, those recorded in the 

23  negative are Senators Duane, Fuschillo, LaValle 

24  and Marcellino.

25               Ayes, 56.  Nays, 4.

                                                               4167

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  1246, by Senator Bonacic, Senate Print 7187B, an 

 5  act to authorizing payment.

 6               ACTING PRESIDENT GRIFFO:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 3.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT GRIFFO:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 60.

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is passed.

16               THE SECRETARY:   Calendar Number 

17  1247, by Senator Grisanti, Senate Print 7216, an 

18  act to amend the Alcoholic Beverage Control Law.

19               ACTING PRESIDENT GRIFFO:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.  

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               4168

 1               THE SECRETARY:   Ayes, 60.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  1248, by Senator Farley, Senate Print 7237, an 

 6  act to amend the Education Law.

 7               ACTING PRESIDENT GRIFFO:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 3.  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, 60.

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  1249, by Senator Farley, Senate Print 7238, an 

19  act to amend the Education Law.

20               ACTING PRESIDENT GRIFFO:   Read the 

21  last section.

22               THE SECRETARY:   Section 3.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT GRIFFO:   Call the 

25  roll.

                                                               4169

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 60.

 3               ACTING PRESIDENT GRIFFO:   The bill 

 4  is passed.

 5               THE SECRETARY:   Calendar Number 

 6  1250, by Senator Farley, Senate Print 7239, an 

 7  act to amend the Education Law.

 8               ACTING PRESIDENT GRIFFO:   Read the 

 9  last section.

10               THE SECRETARY:   Section 3.  This 

11  act shall take effect immediately.

12               ACTING PRESIDENT GRIFFO:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 60.

16               ACTING PRESIDENT GRIFFO:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  1251, by Senator Hannon, Senate Print 7326, an 

20  act to amend the Public Health 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 

                                                               4170

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 60.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  1252, by Senator Skelos, Senate Print 7513, an 

 8  act to authorize the assessor.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 2.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 60.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  1253, by Senator Libous, Senate Print 7543, an 

21  act to --

22               SENATOR LIBOUS:   Lay it aside for 

23  the day, please.

24               ACTING PRESIDENT GRIFFO:   Lay the 

25  bill aside for the day.

                                                               4171

 1               Senator Libous, that completes the 

 2  noncontroversial reading of Senate Supplemental 

 3  Calendar 56C.

 4               SENATOR LIBOUS:   Thank you, 

 5  Mr. President.  Could we return to motions and 

 6  resolutions, please.

 7               ACTING PRESIDENT GRIFFO:   We will 

 8  return to motions and resolutions.

 9               SENATOR LIBOUS:   On behalf of 

10  Senator Ranzenhofer, on page 28 I offer the 

11  following amendments to Calendar Number 800, 

12  Senate Print Number 5202A, and ask that said bill 

13  retain its place on the Third Reading Calendar.

14               ACTING PRESIDENT GRIFFO:   Can I 

15  have some order, please, in the chamber.

16               The amendments are received, and 

17  the bill shall retain its place on third reading.

18               SENATOR LIBOUS:   Mr. President, 

19  it's very important that you asked for order, 

20  because I have a very important announcement to 

21  make:  Is there any further business at the 

22  desk?  

23               ACTING PRESIDENT GRIFFO:   There is 

24  no further business.

25               SENATOR LIBOUS:   There being no 

                                                               4172

 1  further business, I move the Senate shall adjourn 

 2  until Thursday, June 14th, at 11:00 a.m.

 3               ACTING PRESIDENT GRIFFO:   On 

 4  motion, the Senate stands adjourned until 

 5  Thursday, June 14th, Flag Day, at 11:00 a.m. 

 6               Senate adjourned.

 7               (Whereupon, at 4:42 p.m., the Senate 

 8  adjourned.)

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