Regular Session - June 18, 2012

                                                                   4281

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 18, 2012

11                     3:35 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH ROBACH, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               4282

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

 2               ACTING PRESIDENT ROBACH:   The 

 3  Senate will come to order.  

 4               I ask all present to please rise 

 5  and join me in the Pledge of Allegiance.

 6               (Whereupon, the assemblage 

 7  recited the Pledge of Allegiance to the Flag.)

 8               ACTING PRESIDENT ROBACH:    

 9  Joining us today for the prayer is the 

10  Reverend Peter G. Young, Mother Teresa 

11  Community Church here in Albany.

12               REVEREND YOUNG:   Let us pray.  

13               As we prepare for the concluding 

14  week of this session, may we ask You to 

15  continue to guide us and share the wisdom of 

16  God beyond all imagining, and Your goodness, 

17  boundless treasure that You have given to all 

18  of these men and women serving in this 

19  political arena.

20               You, O Lord, unfailingly 

21  enlighten our minds to open up new and better 

22  means of sharing, with each other here in this 

23  Senate chamber, for our constituencies, the 

24  information and ideas and aspirations.  

25               The discoveries of technology can 

                                                               4283

 1  be of great assistance, and we pray that they 

 2  will again be developed and again sponsor 

 3  employment opportunities.  

 4               May New York State bring them 

 5  help in times of need for our resources and 

 6  for our quality of life.

 7               Amen.

 8               ACTING PRESIDENT ROBACH:    

 9  Reading of the Journal.

10               THE SECRETARY:   In Senate, 

11  Sunday, June 17th, the Senate met pursuant to 

12  adjournment.  The Journal of Saturday, 

13  June 16th, was read and approved.  On motion, 

14  Senate adjourned.

15               ACTING PRESIDENT ROBACH:    

16  Without objection, the Journal stands approved 

17  as read.  

18               Presentation of petitions.

19               Messages from the Assembly.

20               The Secretary will read.

21               THE SECRETARY:   On page 6, 

22  Senator Fuschillo moves to discharge, from the 

23  Committee on Health, Assembly Bill Number 

24  1074B and substitute it for the identical 

25  Senate Bill Number 2917A, Third Reading 

                                                               4284

 1  Calendar 162.

 2               On page 29, Senator Zeldin moves 

 3  to discharge, from the Committee on Consumer 

 4  Protection, Assembly Bill Number 8992A and 

 5  substitute it for the identical Senate Bill 

 6  Number 6608A, Third Reading Calendar 847.

 7               On page 34, Senator Lanza moves 

 8  to discharge, from the Committee on Rules, 

 9  Assembly Bill Number 9034B and substitute it 

10  for the identical Senate Bill Number 6285A, 

11  Third Reading Calendar 958.

12               On page 42, Senator Robach moves 

13  to discharge, from the Committee on Rules, 

14  Assembly Bill Number 10238 and substitute it 

15  for the identical Senate Bill Number 7520, 

16  Third Reading Calendar 1079.

17               And on page 45, Senator Young 

18  moves to discharge, from the Committee on 

19  Local Government, Assembly Bill Number 10158 

20  and substitute it for the identical Senate 

21  Bill Number 6644, Third Reading Calendar 1119.

22               ACTING PRESIDENT ROBACH:    

23  Substitutions ordered.

24               Messages from the Governor.

25               Reports of standing committees.

                                                               4285

 1               Reports of select committees.

 2               Communications and reports from 

 3  state officers.

 4               Motions and resolutions.

 5               Senator Libous.

 6               SENATOR LIBOUS:   Mr. President, 

 7  will you call on Senator Breslin.

 8               ACTING PRESIDENT ROBACH:   Senator 

 9  Breslin.  

10               SENATOR BRESLIN:   Thank you, 

11  Mr. President.  

12               Mr. President, on behalf of Senator 

13  Peralta, I move to amend Senate Bill Number 6292A 

14  by striking out the amendments made on June 14th 

15  and restoring it to its original print number, 

16  6292.

17               ACTING PRESIDENT ROBACH:   So 

18  ordered.

19               SENATOR BRESLIN:   Thank you, 

20  Mr. President.  

21               I wish to call up Senator 

22  Montgomery's bill, Print Number 6356, recalled 

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

24               ACTING PRESIDENT ROBACH:   The 

25  Secretary will read.

                                                               4286

 1               THE SECRETARY:   Calendar Number 

 2  1063, by Senator Montgomery, Senate Print 6356, 

 3  an act to amend the Executive Law.

 4               SENATOR BRESLIN:   I now move to 

 5  reconsider the vote by which this bill was 

 6  passed.

 7               ACTING PRESIDENT ROBACH:   Call the 

 8  roll on reconsideration.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 52.

11               SENATOR BRESLIN:   Mr. President, I 

12  now offer the following amendments.

13               ACTING PRESIDENT ROBACH:   The 

14  amendments are received.

15               SENATOR BRESLIN:   Thank you, 

16  Mr. President.

17               On page number 44, I offer the 

18  following amendments to Calendar Number 1104, 

19  Senate Print Number 6411A, and ask that Senator 

20  Rivera's said bill retain its place on the Third 

21  Reading Calendar.

22               ACTING PRESIDENT ROBACH:   The 

23  amendments are received, and the bill will retain 

24  its place on the Third Reading Calendar.

25               SENATOR BRESLIN:   Thank you, 

                                                               4287

 1  Mr. President.

 2               ACTING PRESIDENT ROBACH:   Thank 

 3  you, Senator Breslin.

 4               Senator Libous.

 5               SENATOR LIBOUS:   Mr. President, 

 6  would you call on Senator Carlucci, please. 

 7               ACTING PRESIDENT ROBACH:   Senator 

 8  Carlucci.

 9               SENATOR CARLUCCI:   Mr. President, 

10  on page 30, I offer the following amendments to 

11  Calendar Number 876, Senate Print Number 7103, 

12  and ask that the said bill retain its place on 

13  the Third Reading Calendar.

14               ACTING PRESIDENT ROBACH:   The 

15  amendments are received, and the bill will retain 

16  its place on the Third Reading Calendar.

17               Senator Libous.

18               SENATOR LIBOUS:   Thank you, 

19  Mr. President.

20               If you'd just give me a second, 

21  there were a pair of glasses here.  

22  Mr. President, like Boy Scouts, we're always 

23  prepared here in the Senate.  Okay.

24               On behalf of Senator Martins, 

25  Mr. President, I move to amend Senate Print 7433A 

                                                               4288

 1  and by striking out the amendments made on 6/14 

 2  and restoring it to its original print, 7433.

 3               ACTING PRESIDENT ROBACH:   So 

 4  ordered.

 5               SENATOR LIBOUS:   On behalf of 

 6  Senator Fuschillo, I wish to call up his bill, 

 7  Senate Print 7217, recalled from the Assembly, 

 8  which is now at the desk.

 9               ACTING PRESIDENT ROBACH:   The 

10  Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  780, by Senator Fuschillo, Senate Print 7217, an 

13  act to amend the Public Authorities Law.

14               SENATOR LIBOUS:   I now move to 

15  reconsider the vote by which this bill was 

16  passed.

17               ACTING PRESIDENT ROBACH:   Call the 

18  roll on reconsideration.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 52.

21               SENATOR LIBOUS:   I offer up the 

22  following amendments.

23               ACTING PRESIDENT ROBACH:   The 

24  amendments are received.

25               SENATOR LIBOUS:   On behalf of 

                                                               4289

 1  Senator Little, I wish to call up her print, 

 2  Senate 5525B, recalled from the Assembly, which 

 3  is now at the desk.

 4               ACTING PRESIDENT ROBACH:   The 

 5  Secretary will read.

 6               THE SECRETARY:   Calendar Number 

 7  91, by Senator Little, Senate Print 5525B, an act 

 8  to amend the General Municipal Law.

 9               SENATOR LIBOUS:   I now move to 

10  reconsider the vote by which this bill was 

11  passed.

12               ACTING PRESIDENT ROBACH:   Call the 

13  roll on reconsideration.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 52.

16               SENATOR LIBOUS:   Mr. President, I 

17  offer up the following amendments.

18               ACTING PRESIDENT ROBACH:   The 

19  amendments are received.

20               SENATOR LIBOUS:   On behalf of 

21  Senator Marcellino, I wish to call up his print, 

22  Senate 6999A, recalled from the Assembly, which 

23  is now at the desk.

24               ACTING PRESIDENT ROBACH:   The 

25  Secretary will read.

                                                               4290

 1               THE SECRETARY:   Calendar Number 

 2  832, by Senator Marcellino, Senate Print 6999A, 

 3  an act to authorize.

 4               SENATOR LIBOUS:   I now move to 

 5  reconsider the vote by which this bill was 

 6  passed.

 7               ACTING PRESIDENT ROBACH:   Call the 

 8  roll on reconsideration.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 52.

11               SENATOR LIBOUS:   I offer up the 

12  following amendments.

13               ACTING PRESIDENT ROBACH:   The 

14  amendments are received.

15               SENATOR LIBOUS:   On behalf of 

16  Senator Flanagan, I wish to call up his bill, 

17  Senate Print Number 5650C, recalled from the 

18  Assembly, which is now at the desk.

19               ACTING PRESIDENT ROBACH:   The 

20  Secretary will read.

21               THE SECRETARY:   Calendar Number 

22  125, by Senator Flanagan, Senate Print 5650C, an 

23  act to amend the Education Law.

24               SENATOR LIBOUS:   I now move to 

25  reconsider the vote by which this bill was 

                                                               4291

 1  passed.

 2               ACTING PRESIDENT ROBACH:   Call the 

 3  roll on reconsideration.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 52.

 6               SENATOR LIBOUS:   Mr. President, I 

 7  offer up the following amendments.

 8               ACTING PRESIDENT ROBACH:   The 

 9  amendments are received.

10               SENATOR LIBOUS:   On behalf of 

11  Senator Young, I wish to call up her bill, Senate 

12  Print Number 4020B, recalled from the Assembly, 

13  which is now at the desk.

14               ACTING PRESIDENT ROBACH:   The 

15  Secretary will read.

16               THE SECRETARY:   Calendar Number 

17  347, by Senator Young, Senate Print 4020B, an act 

18  to amend the Highway Law.

19               SENATOR LIBOUS:   I now move to 

20  reconsider the vote by which this bill was 

21  passed.

22               ACTING PRESIDENT ROBACH:   Call the 

23  roll on reconsideration.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 53.

                                                               4292

 1               SENATOR LIBOUS:   I now offer up 

 2  the following amendments.

 3               ACTING PRESIDENT ROBACH:   The 

 4  amendments are received.

 5               SENATOR LIBOUS:   On behalf of 

 6  Senator Seward, I wish to call up his print, 

 7  Senate Number 6811, recalled from the Assembly, 

 8  which is now at the desk.

 9               ACTING PRESIDENT ROBACH:   The 

10  Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  558, by Senator Seward, Senate Print 6811, an act 

13  to amend Chapter 585 of the Laws of 2011.

14               SENATOR LIBOUS:   I now move to 

15  reconsider the vote by which this bill was 

16  passed.

17               ACTING PRESIDENT ROBACH:   Call the 

18  roll on reconsideration.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 53.

21               SENATOR LIBOUS:   I offer up the 

22  following amendments.

23               ACTING PRESIDENT ROBACH:   The 

24  amendments are received.

25               SENATOR LIBOUS:   Mr. President, I 

                                                               4293

 1  have a number of amendments for a number of 

 2  bills, and I'll read them in order.  These 

 3  amendments are offered on the following Third 

 4  Reading Calendar bills.  

 5               By Senator Golden, page 4, Calendar 

 6  Number 72, Senate Print 5576A; 

 7               By Senator Flanagan, page 11, 

 8  Calendar Number 374, Senate Print 4690A; 

 9               By Senator Gallivan, page 16, 

10  Calendar Number 507, Senate Print 6721; 

11               By Senator Zeldin, page 19, 

12  Calendar Number 615, Senate Print 6872A; 

13               By Senator Flanagan, page 21, 

14  Calendar Number 638, Senate Print 5510; 

15               By Senator Seward, page 36, 

16  Calendar Number 994, Senate Print 4425A.

17               Mr. President, I can't even hear 

18  myself.

19               ACTING PRESIDENT ROBACH:    

20  {Gaveling.}  We need to establish some order in 

21  the chamber.  Thank you very much.

22               SENATOR LIBOUS:   Thank you, 

23  Mr. President.  I'm sorry, but these are 

24  procedural things that need to be done.

25               On behalf of Senator Farley, on 

                                                               4294

 1  page 41, Calendar Number 1067, Senate Print 6909; 

 2               By Senator LaValle, on page 43, 

 3  Calendar Number 1092, Senate Print 7088; 

 4               By Senator Lanza, on page 47, 

 5  Calendar Number 1224, Senate Print 5573C; 

 6               By Senator Alesi, on page 43, 

 7  Calendar Number 1090, Senate Print 6249A; 

 8               By Senator Grisanti, on page 18, 

 9  Calendar Number 594, Senate Print 6268C; 

10               By Senator Robach, on page 20, 

11  Calendar Number 634, Senate Print 3749C; 

12               And by Senator Griffo, on page 31, 

13  Calendar Number 898, Senate Print 6777A.

14               Mr. President, I now move that 

15  these bills retain their place on the order of 

16  third reading.

17               ACTING PRESIDENT ROBACH:   All the 

18  aforementioned amendments are received, and the 

19  bills will retain their place on the Third 

20  Reading Calendar.

21               Senator Libous.

22               SENATOR LIBOUS:   Mr. President, at 

23  this time there will be an immediate meeting of 

24  the Rules Committee in Room 332, an immediate 

25  meeting of the Rules Committee in Room 332.  

                                                               4295

 1               We will come back to the Senate 

 2  chamber promptly following the Rules Committee 

 3  meeting.

 4               ACTING PRESIDENT ROBACH:   There 

 5  will be a Rules Committee meeting in Room 332.  

 6               If all members could proceed there, 

 7  the quicker we get to that, the quicker we can 

 8  get back to our business.  Thank you.

 9               The Senate will stand at ease 

10  pending the completion of the Rules Committee 

11  meeting.

12               (Whereupon, the Senate stood at ease 

13  at 3:46 p.m.)

14               (Whereupon, the Senate reconvened at 

15  4:21 p.m.)

16               ACTING PRESIDENT ROBACH:   The 

17  Senate will come to order.

18               Senator Libous.

19               SENATOR LIBOUS:   Thank you, 

20  Mr. President.

21               I believe there's a report of the 

22  Rules Committee at the desk.  Could we have it 

23  read at this time.

24               ACTING PRESIDENT ROBACH:   The 

25  Secretary will read.

                                                               4296

 1               THE SECRETARY:   Senator Skelos, 

 2  from the Committee on Rules, reports the 

 3  following bills:  

 4               Senate Print 494, by Senator 

 5  Robach, an act to amend the Penal Law; 

 6               562, by Senator Robach, an act to 

 7  amend the Vehicle and Traffic Law; 

 8               714A, by Senator Robach, an act to 

 9  amend the Penal Law; 

10               734, by Senator Robach, an act to 

11  amend the Social Services Law; 

12               743A, by Senator Young, an act to 

13  amend the Penal Law; 

14               1835, by Senator Flanagan, an act 

15  to amend the Penal Law; 

16               2936, by Senator Lanza, an act to 

17  amend the Penal Law; 

18               2973, by Senator Nozzolio, an act 

19  to amend the Environmental Conservation Law; 

20               3213, by Senator Nozzolio, an act 

21  to amend the Vehicle and Traffic Law; 

22               3742B, by Senator Griffo, an act to 

23  amend the Vehicle and Traffic Law; 

24               4749, by Senator DeFrancisco, an 

25  act to amend the Social Services Law;

                                                               4297

 1               5490, by Senator Golden, an act to 

 2  amend the Criminal Procedure Law; 

 3               6466B, by Senator Bonacic, an act 

 4  to amend the Public Health Law; 

 5               6524A, by Senator Grisanti, an act 

 6  to amend the Tax Law; 

 7               6712, by Senator Gallivan, an act 

 8  to amend the Penal Law; 

 9               6743A, by Senator Hannon, an act to 

10  amend the Penal Law; 

11               6837, by Senator DeFrancisco, an 

12  act to amend the General Municipal Law; 

13               7019, by Senator Ritchie, an act to 

14  amend the Tax Law; 

15               7297B, by Senator Larkin, an act to 

16  authorize; 

17               7489A, by Senator Ball, an act to 

18  amend the Executive Law; 

19               7505, by Senator Bonacic, an act 

20  making findings and determinations; 

21               7509, by Senator Young, an act to 

22  amend the Public Officers Law; 

23               7510, by Senator Oppenheimer, an 

24  act to amend the Tax Law; 

25               7531, by Senator Ranzenhofer, an 

                                                               4298

 1  act authorizing the Town of Amherst; 

 2               7538, by Senator Saland, an act to 

 3  amend the County Law; 

 4               7650, by Senator Skelos, an act to 

 5  amend the Tax Law; 

 6               7661, by Senator Ball, an act to 

 7  amend the Tax Law; 

 8               7662, by Senator Grisanti, an act 

 9  to amend the Public Service Law; 

10               7663, by Senator Seward, an act to 

11  amend the Tax Law; 

12               7664, by Senator Ranzenhofer, an 

13  act to amend the Tax Law; 

14               7677, by Senator Grisanti, an act 

15  to amend the Labor Law; 

16               7686, by Senator Libous, an act to 

17  amend the Alcoholic Beverage Control Law; 

18               7727, by Senator Ritchie, an act to 

19  amend the Alcoholic Beverage Control Law; 

20               7728, by Senator Zeldin, an act to 

21  amend the Tax Law; 

22               And Senate 7740, by Senator Saland, 

23  an act to amend the Education Law.

24               All bills reported direct to third 

25  reading.

                                                               4299

 1               ACTING PRESIDENT ROBACH:   Senator 

 2  Libous.

 3               SENATOR LIBOUS:   Thank you, 

 4  Mr. President.

 5               I now move to accept the report of 

 6  the Rules Committee.

 7               ACTING PRESIDENT ROBACH:   All 

 8  those in favor of accepting the report of the 

 9  Rules Committee signify by saying aye.

10               (Response of "Aye.")

11               ACTING PRESIDENT ROBACH:   Opposed, 

12  nay.

13               (No response.)

14               ACTING PRESIDENT ROBACH:   The 

15  report is accepted.

16               Senator Libous.

17               SENATOR LIBOUS:   Thank you, 

18  Mr. President.

19                Mr. President, at this time could 

20  we have the reading of the noncontroversial 

21  calendar.

22               ACTING PRESIDENT ROBACH:   The 

23  Secretary will read.

24               THE SECRETARY:   Calendar Number 

25  118, by Senator Lanza, Senate Print 5904A, an act 

                                                               4300

 1  to amend the Vehicle and Traffic Law.

 2               ACTING PRESIDENT ROBACH:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect on the 60th day.

 6               ACTING PRESIDENT ROBACH:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 55.

10               ACTING PRESIDENT ROBACH:   The bill 

11  is passed.

12               THE SECRETARY:   Calendar Number 

13  162, substituted earlier by Member of the 

14  Assembly Weisenberg, Assembly Print Number 1074B, 

15  an act to amend the Public Health Law.

16               ACTING PRESIDENT ROBACH:   Read the 

17  last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect on the 30th day.

20               ACTING PRESIDENT ROBACH:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               SENATOR FUSCHILLO:   Mr. President, 

24  to explain my vote.

25               ACTING PRESIDENT ROBACH:   Senator 

                                                               4301

 1  Fuschillo to explain his vote.

 2               SENATOR FUSCHILLO:   I just want to 

 3  take the opportunity to thank all the sponsors in 

 4  this house for their support, and especially the 

 5  American Cancer Society and so many people I have 

 6  met in the last couple of years who have lost 

 7  loved ones who are suffering from skin cancer.  

 8               This is a public health policy 

 9  that's critically important for the State of 

10  New York, and I vote in the affirmative.  

11               Thank you very much, Mr. President.

12               ACTING PRESIDENT ROBACH:   Thank 

13  you, Senator Fuschillo.  You will be recorded in 

14  the affirmative.

15               Announce the results.

16               ACTING PRESIDENT ROBACH:

17               THE SECRETARY:   In relation to 

18  Calendar Number 162, those recorded in the 

19  negative are Senators Gallivan, Grisanti, Klein, 

20  Savino and Seward.  

21               Ayes, 51.  Nays, 5.

22               ACTING PRESIDENT ROBACH:   The bill 

23  is passed.

24               THE SECRETARY:   Calendar Number 

25  192, by Senator Martins, Senate Print 6296A, an 

                                                               4302

 1  act to amend Chapter 359 of the Laws of 2010.

 2               ACTING PRESIDENT ROBACH:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 4.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT ROBACH:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 56.

10               ACTING PRESIDENT ROBACH:   The bill 

11  is passed.

12               THE SECRETARY:   Calendar Number 

13  207, by Senator Maziarz, Senate Print 277B, an 

14  act to amend the County Law.

15               ACTING PRESIDENT ROBACH:   Read the 

16  last section.

17               THE SECRETARY:   Section 2.  This 

18  act shall take effect on the 180th day.

19               ACTING PRESIDENT ROBACH:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               ACTING PRESIDENT ROBACH:   Senator 

23  Rivera to explain his vote.

24               SENATOR RIVERA:   Thank you, 

25  Mr. President.  To explain my vote.

                                                               4303

 1               We will be voting on two pieces of 

 2  legislation today that deal with sex offenders, 

 3  at least on the active list.  This first one I 

 4  will be voting no on.  And the reason for that 

 5  is, as I've pointed out before on other bills, 

 6  there is a preponderance of bills like this that 

 7  limit the amount of things that sex offenders can 

 8  do.  

 9               And while I agree that that is 

10  smart and -- this is not the Maziarz bill?  Oh, 

11  this is a Maziarz bill, but not that bill.  This 

12  is a yes.  Apologies.  I will be standing up to 

13  explain my vote.  

14               This is a good bill.  I vote yes.  

15  Thank you, Mr. President.

16               (Laughter.)

17               ACTING PRESIDENT ROBACH:   Senator 

18  Rivera will be recorded in the affirmative.

19               Announce the results.

20               THE SECRETARY:   Ayes, 56.

21               ACTING PRESIDENT ROBACH:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  430, by Senator Maziarz --

25               SENATOR LIBOUS:   Lay the bill 

                                                               4304

 1  aside for the day.

 2               ACTING PRESIDENT ROBACH:   The bill 

 3  is laid aside for the day.

 4               (Laughter.)

 5               THE SECRETARY:   Calendar Number 

 6  456, by Senator Ritchie, Senate Print 6609, an 

 7  act to amend the Agriculture and Markets Law.

 8               ACTING PRESIDENT ROBACH:   Read the 

 9  last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect immediately.

12               ACTING PRESIDENT ROBACH:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 56.

16               ACTING PRESIDENT ROBACH:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  504, by Senator Stewart-Cousins, Senate Print 

20  6490A, an act to amend Chapter 566 of the Laws of 

21  1967.

22               ACTING PRESIDENT ROBACH:   Read the 

23  last section.

24               THE SECRETARY:   Section 10.  This 

25  act shall take effect immediately.

                                                               4305

 1               ACTING PRESIDENT ROBACH:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 56.

 5               ACTING PRESIDENT ROBACH:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  543, by Senator Flanagan, Senate Print 2481A, an 

 9  act to amend the Correction Law.

10               ACTING PRESIDENT ROBACH:   Read the 

11  last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect on the first of November.

14               ACTING PRESIDENT ROBACH:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               ACTING PRESIDENT ROBACH:   Senator 

18  Rivera to explain his vote.

19               SENATOR RIVERA:   Mr. President, 

20  just to check, this is Flanagan Bill S2481A, 

21  correct?

22               ACTING PRESIDENT ROBACH:   Yes.

23               SENATOR RIVERA:   Thank you, 

24  Mr. President.  To explain my vote.

25               As I started speaking about the 

                                                               4306

 1  bill that we were going to perhaps vote on 

 2  earlier, and we did not, this is a bill that 

 3  deals with restrictions placed on sex offenders, 

 4  and the interactions in this particular case are 

 5  on visitation rights.  

 6               There are many bills that we 

 7  consider related to sex offenders, and I've made 

 8  the case both in committee and on the floor that 

 9  we need to be more specific in these particular 

10  bills.

11               In this case, it is a bill that I 

12  voted against in committee because it had no 

13  distinction because of levels.  In this case, 

14  Senator Flanagan -- and I certainly want to thank 

15  him for making a very smart and good policy 

16  choice here; a change was made so that it relates 

17  specifically to Level 3 sex offenders.  

18               I vote in the affirmative on this 

19  piece of legislation because I agree 

20  wholeheartedly that we should take every chance 

21  that we can to protect our citizens against those 

22  that are predators.  This bill actually makes a 

23  specific change to address that, and it is why I 

24  believe it is a good piece of legislation.  I'll 

25  be voting in the affirmative.

                                                               4307

 1               Thank you, Mr. President.

 2               ACTING PRESIDENT ROBACH:   Thank 

 3  you, Senator Rivera.  You will be recorded in the 

 4  affirmative.

 5               Announce the results.

 6               THE SECRETARY:   Ayes, 55.  Nays, 

 7  1.  Senator Parker recorded in the negative.

 8               ACTING PRESIDENT ROBACH:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  625, by Senator DeFrancisco, Senate Print 6057, 

12  an act to amend the General Obligations Law.

13               ACTING PRESIDENT ROBACH:   Read the 

14  last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT ROBACH:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 56.

21               ACTING PRESIDENT ROBACH:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  677, by Senator Marcellino, Senate Print 940, an 

25  act to amend the Vehicle and Traffic Law.

                                                               4308

 1               ACTING PRESIDENT ROBACH:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect on the 120th day.

 5               ACTING PRESIDENT ROBACH:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 56.

 9               ACTING PRESIDENT ROBACH:   The bill 

10  is passed.

11               THE SECRETARY:   Calendar Number 

12  785, by Senator Marcellino, Senate Print 6361, an 

13  act to amend the Civil Practice Law and Rules.

14               ACTING PRESIDENT ROBACH:   Read the 

15  last section.

16               THE SECRETARY:   Section 2.  This 

17  act shall take effect immediately.

18               ACTING PRESIDENT ROBACH:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 56.

22               ACTING PRESIDENT ROBACH:   The bill 

23  is passed.

24               THE SECRETARY:   Calendar Number 

25  840, by Senator Seward, Senate Print 4950, an act 

                                                               4309

 1  to amend the Insurance Law.

 2               ACTING PRESIDENT ROBACH:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 3.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT ROBACH:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 56.

10               ACTING PRESIDENT ROBACH:   The bill 

11  is passed.

12               THE SECRETARY:   Calendar Number 

13  847, substituted earlier by Member of the 

14  Assembly Dinowitz, Assembly Print 8992A, an act 

15  to amend the General Business Law.

16               ACTING PRESIDENT ROBACH:   Read the 

17  last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect on the 120th day.

20               ACTING PRESIDENT ROBACH:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 56.

24               ACTING PRESIDENT ROBACH:   The bill 

25  is passed.

                                                               4310

 1               THE SECRETARY:   Calendar Number 

 2  887, by Senator DeFrancisco, Senate Print 4640C, 

 3  an act to amend the Education Law.

 4               ACTING PRESIDENT ROBACH:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 2.  This 

 7  act shall take effect on the 90th day.

 8               ACTING PRESIDENT ROBACH:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 56.

12               ACTING PRESIDENT ROBACH:   The bill 

13  is passed.

14               THE SECRETARY:   Calendar Number 

15  899, by Senator Farley, Senate Print 6952A, an 

16  act to amend the Banking Law.

17               ACTING PRESIDENT ROBACH:   Read the 

18  last section.

19               THE SECRETARY:   Section 4.  This 

20  act shall take effect on the 90th day.

21               ACTING PRESIDENT ROBACH:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 56.

25               ACTING PRESIDENT ROBACH:   The bill 

                                                               4311

 1  is passed.

 2               THE SECRETARY:   Calendar Number 

 3  917, by Senator Golden, Senate Print 1749C, an 

 4  act to amend the Domestic Relations Law.

 5               ACTING PRESIDENT ROBACH:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT ROBACH:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 56.

13               ACTING PRESIDENT ROBACH:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  924, by Senator Zeldin, Senate Print 6954B, an 

17  act to amend the Penal Law.

18               ACTING PRESIDENT ROBACH:   Read the 

19  last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect on the first of November.

22               ACTING PRESIDENT ROBACH:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 56.

                                                               4312

 1               ACTING PRESIDENT ROBACH:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  926, by Senator Zeldin, Senate Print 6956A, an 

 5  act to amend the Penal Law.

 6               ACTING PRESIDENT ROBACH:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect on the first of November.

10               ACTING PRESIDENT ROBACH:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 54.  Nays, 

14  2.  Senators Duane and Squadron recorded in the 

15  negative.

16               ACTING PRESIDENT ROBACH:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  927, by Senator Zeldin, Senate Print 6957B, an 

20  act to amend the Penal Law.

21               ACTING PRESIDENT ROBACH:   Read the 

22  last section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect on the first of November.

25               ACTING PRESIDENT ROBACH:   Call the 

                                                               4313

 1  roll.

 2               (The Secretary called the roll.)

 3               ACTING PRESIDENT ROBACH:   Announce 

 4  the results.

 5               THE SECRETARY:   In relation to 

 6  Calendar Number 927, those recorded in the 

 7  negative are Senators Duane, Krueger, 

 8  Hassell-Thompson, Montgomery, Rivera and 

 9  Serrano.  

10               Ayes, 50.  Nays, 6.

11               ACTING PRESIDENT ROBACH:   The bill 

12  is passed.

13               THE SECRETARY:   Calendar Number 

14  928, by Senator Zeldin, Senate Print 6958C, an 

15  act to amend the Penal Law.

16               ACTING PRESIDENT ROBACH:   Read the 

17  last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect on the first of November.

20               ACTING PRESIDENT ROBACH:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 54.  Nays, 

24  2.  Senators Duane and Montgomery recorded in the 

25  negative.

                                                               4314

 1               ACTING PRESIDENT ROBACH:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  929, by Senator Zeldin, Senate Print 6959B, an 

 5  act to amend the Penal Law.

 6               ACTING PRESIDENT ROBACH:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 3.  This 

 9  act shall take effect on the first of November.

10               ACTING PRESIDENT ROBACH:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 55.  Nays, 

14  1.  Senator Duane recorded in the negative.

15               ACTING PRESIDENT ROBACH:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  958, substituted earlier by Member of the 

19  Assembly Englebright, Assembly Print Number 

20  9034B, an act to amend the Executive Law.

21               ACTING PRESIDENT ROBACH:   Read the 

22  last section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT ROBACH:   Call the 

                                                               4315

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 56.

 4               ACTING PRESIDENT ROBACH:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  977, by Senator DeFrancisco, Senate Print 7244A, 

 8  an act to amend the Tax Law.

 9               ACTING PRESIDENT ROBACH:   Read the 

10  last section.

11               THE SECRETARY:   Section 4.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT ROBACH:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 56.

17               ACTING PRESIDENT ROBACH:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  992, by Senator LaValle, Senate Print 3801A, an 

21  act to amend the Insurance Law.

22               ACTING PRESIDENT ROBACH:   Read the 

23  last section.

24               THE SECRETARY:   Section 4.  This 

25  act shall take effect immediately.

                                                               4316

 1               ACTING PRESIDENT ROBACH:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 56.

 5               ACTING PRESIDENT ROBACH:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  1040, by Senator Grisanti, Senate Print 4522B, an 

 9  act to amend the Environmental Conservation Law.

10               ACTING PRESIDENT ROBACH:   Read the 

11  last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect on the 120th day.

14               ACTING PRESIDENT ROBACH:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               ACTING PRESIDENT ROBACH:   Announce 

18  the results.

19               THE SECRETARY:   In relation to 

20  Calendar Number 1040, those recorded in the 

21  negative are Senators Avella, Ball, Breslin, 

22  Duane, Gianaris, Kennedy, Krueger, Oppenheimer, 

23  Parker, Peralta, Rivera, Serrano, Squadron, 

24  Stewart-Cousins.  Also Senator Stavisky.  Also 

25  Senator LaValle.  Also Senator Hassell-Thompson.

                                                               4317

 1               Ayes, 39.  Nays, 17.

 2               ACTING PRESIDENT ROBACH:   The bill 

 3  is passed.

 4               THE SECRETARY:   On page 42, 

 5  Senator Robach moves to discharge, from the 

 6  Committee on Rules, Assembly Bill Number 10253 

 7  and substitute it for the identical Senate Bill 

 8  Number 7396, Third Reading Calendar 1078.

 9               ACTING PRESIDENT ROBACH:    

10  Substitution ordered.

11               The Secretary will read.

12               THE SECRETARY:   Calendar Number 

13  1078, by Member of the Assembly Wright, Assembly 

14  Print Number 10253, an act to amend the Labor 

15  Law.

16               ACTING PRESIDENT ROBACH:   Read the 

17  last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT ROBACH:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 56.

24               ACTING PRESIDENT ROBACH:   The bill 

25  is passed.

                                                               4318

 1               THE SECRETARY:   Calendar Number 

 2  1079, substituted earlier by Member of the 

 3  Assembly Wright, Assembly Print Number 10238, an 

 4  act to amend Chapter 831 of the Laws of 1981.

 5               ACTING PRESIDENT ROBACH:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT ROBACH:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 56.

13               ACTING PRESIDENT ROBACH:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  1119, substituted earlier by Member of the 

17  Assembly Espinal, Assembly Print Number 10158, an 

18  act to amend the General Municipal Law.

19               ACTING PRESIDENT ROBACH:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT ROBACH:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               4319

 1               THE SECRETARY:   Ayes, 56.

 2               ACTING PRESIDENT ROBACH:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  1129, by Senator Little, Senate Print 7220A, an 

 6  act to dissolve.

 7               ACTING PRESIDENT ROBACH:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT ROBACH:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 56.

15               ACTING PRESIDENT ROBACH:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  1134, by Senator Marcellino, Senate Print 7454, 

19  an act to amend the Local Finance Law.

20               ACTING PRESIDENT ROBACH:   There is 

21  a home-rule message at the desk.

22               Read the last section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT ROBACH:   Call the 

                                                               4320

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 55.  Nays, 

 4  1.  Senator Krueger recorded in the negative.

 5               ACTING PRESIDENT ROBACH:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  1223, by Senator Larkin, Senate Print 5423B, an 

 9  act to amend the Education Law.

10               ACTING PRESIDENT ROBACH:   Read the 

11  last section.

12               THE SECRETARY:   Section 11.  This 

13  act shall take effect immediately.

14               ACTING PRESIDENT ROBACH:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 56.

18               ACTING PRESIDENT ROBACH:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  1234, by Senator Bonacic, Senate Print 4931B, an 

22  act to amend the Town Law.

23               SENATOR LIBOUS:   Excuse me, 

24  Mr. President.  I believe that 1224 is high.

25               ACTING PRESIDENT ROBACH:   Calendar 

                                                               4321

 1  Number 1224 was amended earlier, Senator Libous, 

 2  so it is in fact high and has been laid aside.

 3               SENATOR LIBOUS:   Thank you, 

 4  Mr. President.

 5               ACTING PRESIDENT ROBACH:   The 

 6  Secretary will continue.

 7               THE SECRETARY:   Calendar Number 

 8  1234, by Senator Bonacic, Senate Print 4931B, an 

 9  act to amend the Town Law.

10               ACTING PRESIDENT ROBACH:   Read the 

11  last section.

12               THE SECRETARY:   Section 7.  This 

13  act shall take effect immediately.

14               ACTING PRESIDENT ROBACH:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 56.

18               ACTING PRESIDENT ROBACH:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  1256, by Senator Ritchie, Senate Print 4712E, an 

22  act to amend the Insurance Law.

23               ACTING PRESIDENT ROBACH:   Read the 

24  last section.

25               THE SECRETARY:   Section 3.  This 

                                                               4322

 1  act shall take effect on the 90th day.

 2               ACTING PRESIDENT ROBACH:   Call the 

 3  roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 54.  Nays, 

 6  2.  Senators Duane and Hassell-Thompson recorded 

 7  in the negative.

 8               ACTING PRESIDENT ROBACH:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  1263, by Senator Martins, Senate Print 7645, an 

12  act to amend the Local Finance Law.

13               ACTING PRESIDENT ROBACH:   Read the 

14  last section.

15               THE SECRETARY:   Section 6.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT ROBACH:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 56.

21               ACTING PRESIDENT ROBACH:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  1265, by Senator Grisanti, Senate Print 7652, an 

25  act to amend the General Business Law.

                                                               4323

 1               ACTING PRESIDENT ROBACH:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect on the 30th day.

 5               ACTING PRESIDENT ROBACH:   Senator 

 6  Grisanti to explain your vote.

 7               SENATOR GRISANTI:   Yes, thank you, 

 8  Mr. President.  My fellow colleagues --

 9               ACTING PRESIDENT ROBACH:   Excuse 

10  me, Senator Grisanti, for one moment.  Excuse 

11  me.  My error.  

12               Call the roll.

13               (The Secretary called the roll.)

14               ACTING PRESIDENT ROBACH:   Now, 

15  Senator Grisanti, to explain your vote.

16               SENATOR GRISANTI:   Yes, thank you, 

17  Mr. President.  

18               My fellow colleagues, this piece of 

19  legislation is a pro-consumer piece of 

20  legislation.  For those of who you may notice 

21  this as you're driving, if you're in your cities 

22  across New York State, there will be 

23  advertisements for phone numbers:  Call this 

24  number either for an educational opportunity, to 

25  try to find employment, for daycare, or 

                                                               4324

 1  et cetera.  

 2               What happens when that individual 

 3  who's trying to find a better way of life or 

 4  looking for some information, they do remote 

 5  call-forwarding, and that number that you think 

 6  is in your area code is then sent to another 

 7  number at hefty, hefty fees, at huge costs to the 

 8  consumers.  

 9               So this bill will require a notice 

10  of warning of fee or charge, an imposition for 

11  calling certain telephone numbers.  And the 

12  warning message will be in the same language as 

13  the advertisement on such call lines.  

14               As I said, this type of scam has 

15  been labeled remote call-forwarding by the 

16  telephone companies.  And since the area codes 

17  are local, it seems legitimate to persons who are 

18  just trying to find out some information about 

19  the advertisement.  However, when they're 

20  transferred to a second three number, that's 

21  where the scam is hitting.  

22               This is going to save consumers 

23  huge costs.  We need to track down on some of 

24  those illegal scammers.  And since a three-digit 

25  exchange is not always advertised, a lot of money 

                                                               4325

 1  being made by these scammers.  

 2               So I urge all my colleagues to vote 

 3  for this.  And I vote aye, Mr. President, and 

 4  let's get this pro-consumer legislation moved 

 5  forward.  Thank you very much.  

 6               ACTING PRESIDENT ROBACH:   Thank 

 7  you, Senator Grisanti.

 8               Seeing no other Senator wishing to 

 9  be heard, announce the results.

10               THE SECRETARY:   Ayes, 56.

11               ACTING PRESIDENT ROBACH:   The bill 

12  is passed.

13               Senator Libous, that completes the 

14  noncontroversial reading of the calendar.

15               SENATOR LIBOUS:   Thank you, 

16  Mr. President.

17               Mr. President, can we go back to 

18  motions and resolutions.

19               ACTING PRESIDENT ROBACH:   Motions 

20  and resolutions.

21               Senator Libous.  

22               SENATOR LIBOUS:   Thank you, 

23  Mr. President.  

24               I believe that Senator Grisanti has 

25  Resolution Number 4837 at the desk.  This 

                                                               4326

 1  resolution was previously adopted by the house on 

 2  May 31st.  Could you just have the title read and 

 3  call on Senator Grisanti.

 4               ACTING PRESIDENT ROBACH:   The 

 5  Secretary will read the title.

 6               THE SECRETARY:   Legislative 

 7  Resolution Number 4837, by Senator Grisanti, 

 8  commemorating the Bicentennial of the War of 

 9  1812.

10               ACTING PRESIDENT ROBACH:   Senator 

11  Grisanti on the resolution.

12               SENATOR GRISANTI:   Yes, thank you, 

13  Mr. President.  

14               My fellow colleagues, on June 18, 

15  1812, as you may know, President James Madison 

16  and the United States Congress declared war on 

17  Great Britain.  Battles raged throughout the 

18  continent for over two years before peace was 

19  negotiated.  

20               The War of 1812 represents a 

21  seminal period in the process of nation building 

22  between both the United States and Canada.  The 

23  bicentennial commemoration of the War of 1812 and 

24  the Star-Spangled Banner honors this legacy and 

25  reminds Americans that freedom of the seas and 

                                                               4327

 1  the free flow of commerce remains important today 

 2  as it did 200 years ago.  

 3               Within the Niagara region of 

 4  Western New York, there are three forts with a 

 5  number of historic battle sites from the war.  

 6  And there are over 300 soldiers that are buried 

 7  in Delaware Park in Buffalo who died in a bitter 

 8  winter 200 years ago.

 9               But from the ashes of the War of 

10  1812 a spirit of cooperation and a vision of 

11  peace was born between the U.S. and Canada.  And 

12  the cross-border Niagara region has become known 

13  as the International Corridor of Peace and 

14  Cooperation.  A perfect example is, on Friday, 

15  the great Wallenda walk commemorating between the 

16  United States and Canada.  

17               So we can celebrate today the 

18  bicentennial of the War of 1812, which brought 

19  about a lasting legacy of peace and freedom 

20  between our nations, along with the unparalleled 

21  cooperation, prosperity, and friendship that we 

22  have with Canada itself.  

23               Thank you very much, Mr. President.

24               ACTING PRESIDENT ROBACH:   Thank 

25  you, Senator Grisanti.  That resolution was 

                                                               4328

 1  previously adopted on May 31st.

 2               Senator Libous.

 3               SENATOR LIBOUS:   Mr. President, do 

 4  we have a supplemental calendar before us, 

 5  Number 58A? 

 6               ACTING PRESIDENT ROBACH:   We do.

 7               SENATOR LIBOUS:   Could we have the 

 8  noncontroversial reading of that calendar.

 9               ACTING PRESIDENT ROBACH:   The 

10  Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  1266, by Senator Robach, Senate Print 494, an act 

13  to amend the Penal Law.

14               ACTING PRESIDENT ROBACH:   Read the 

15  last section.

16               THE SECRETARY:   Section 2.  This 

17  act shall take effect on the first of November.

18               ACTING PRESIDENT ROBACH:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 54.  Nays, 

22  2.  Senators Duane and Krueger recorded in the 

23  negative.

24               ACTING PRESIDENT ROBACH:   The bill 

25  is passed.

                                                               4329

 1               THE SECRETARY:   Calendar Number 

 2  1267, by Senator Robach, Senate Print 562, an act 

 3  to amend the Vehicle and Traffic Law.

 4               ACTING PRESIDENT ROBACH:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 3.  This 

 7  act shall take effect on the 30th day.

 8               ACTING PRESIDENT ROBACH:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 55.  Nays, 

12  1.  Senator Rivera recorded in the negative.

13               ACTING PRESIDENT ROBACH:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  1268, by Senator Robach, Senate Print 714A, an 

17  act to amend the Penal Law.

18               ACTING PRESIDENT ROBACH:   Read the 

19  last section.

20               THE SECRETARY:   Section 5.  This 

21  act shall take effect on the first of November.

22               ACTING PRESIDENT ROBACH:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 56.

                                                               4330

 1               ACTING PRESIDENT ROBACH:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  1269, by Senator Robach, Senate Print 734, an act 

 5  to amend the Social Services Law.

 6               ACTING PRESIDENT ROBACH:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT ROBACH:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 56.

14               ACTING PRESIDENT ROBACH:   The bill 

15  is passed.

16               THE SECRETARY:   Calendar Number 

17  1270, by Senator Young, Senate Print 743A, an act 

18  to amend the Penal Law.

19               ACTING PRESIDENT ROBACH:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect on the first of November.

23               ACTING PRESIDENT ROBACH:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               4331

 1               THE SECRETARY:   Ayes, 56.

 2               ACTING PRESIDENT ROBACH:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  1271, by Senator Flanagan, Senate Print 1835, an 

 6  act to amend the Penal Law.

 7               ACTING PRESIDENT ROBACH:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 6.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT ROBACH:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 56.

15               ACTING PRESIDENT ROBACH:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  1272, by Senator Lanza, Senate Print 2936, an act 

19  to amend the Penal Law.

20               ACTING PRESIDENT ROBACH:   Read the 

21  last section.

22               THE SECRETARY:   Section 5.  This 

23  act shall take effect on the first of November.

24               ACTING PRESIDENT ROBACH:   Call the 

25  roll.

                                                               4332

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 56.

 3               ACTING PRESIDENT ROBACH:   The bill 

 4  is passed.

 5               THE SECRETARY:   Calendar Number 

 6  1273, by Senator Nozzolio, Senate Print 2973, an 

 7  act to amend the Environmental Conservation Law.

 8               ACTING PRESIDENT ROBACH:   Read the 

 9  last section.

10               THE SECRETARY:   Section 4.  This 

11  act shall take effect on the first of November.

12               ACTING PRESIDENT ROBACH:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 56.

16               ACTING PRESIDENT ROBACH:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  1274, by Senator Nozzolio --

20               SENATOR BRESLIN:   Lay it aside.

21               ACTING PRESIDENT ROBACH:   The bill 

22  is laid aside.

23               THE SECRETARY:   Calendar Number 

24  1275, by Senator Griffo, Senate Print --

25               SENATOR BRESLIN:   Lay it aside.

                                                               4333

 1               ACTING PRESIDENT ROBACH:   The bill 

 2  is laid aside.

 3               THE SECRETARY:   Calendar Number 

 4  1276, by Senator DeFrancisco, Senate Print --

 5               SENATOR BRESLIN:   Lay it aside.

 6               ACTING PRESIDENT ROBACH:   The bill 

 7  is laid aside.

 8               THE SECRETARY:   Calendar Number 

 9  1277, by Senator Golden, Senate Print 5490, an 

10  act to amend the Criminal Procedure Law.

11               ACTING PRESIDENT ROBACH:   Read the 

12  last section.

13               THE SECRETARY:   Section 5.  This 

14  act shall take effect on the 90th day.

15               ACTING PRESIDENT ROBACH:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 54.  Nays, 

19  2.  Senators Duane and Hassell-Thompson recorded 

20  in the negative.

21               ACTING PRESIDENT ROBACH:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  1278, by Senator Bonacic, Senate Print 6466B, an 

25  act to amend the Public Health Law.

                                                               4334

 1               ACTING PRESIDENT ROBACH:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT ROBACH:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 56.

 9               ACTING PRESIDENT ROBACH:   The bill 

10  is passed.

11               THE SECRETARY:   Calendar Number 

12  1279, by Senator Grisanti, Senate Print --

13               SENATOR BRESLIN:   Lay it aside.

14               ACTING PRESIDENT ROBACH:   The bill 

15  is laid aside.

16               THE SECRETARY:   Calendar Number 

17  1280, by Senator Gallivan, Senate Print 6712, an 

18  act to amend the Penal Law.

19               ACTING PRESIDENT ROBACH:   Read the 

20  last section.

21               THE SECRETARY:   Section 5.  This 

22  act shall take effect on the first of November.

23               ACTING PRESIDENT ROBACH:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               4335

 1               THE SECRETARY:   Ayes, 56.

 2               ACTING PRESIDENT ROBACH:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  1281, by Senator Hannon, Senate Print 6743A, an 

 6  act to amend the Penal Law.

 7               ACTING PRESIDENT ROBACH:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 4.  This 

10  act shall take effect on the first of November.

11               ACTING PRESIDENT ROBACH:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 56.

15               ACTING PRESIDENT ROBACH:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  1282, by Senator DeFrancisco, Senate Print 6837, 

19  an act to amend the General Municipal Law.

20               ACTING PRESIDENT ROBACH:   Read the 

21  last section.

22               THE SECRETARY:   Section 6.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT ROBACH:   Call the 

25  roll.

                                                               4336

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 56.

 3               ACTING PRESIDENT ROBACH:   The bill 

 4  is passed.

 5               THE SECRETARY:   In relation to 

 6  Calendar Number 1283, Senator Ritchie moves to 

 7  discharge, from the Committee on Investigations 

 8  and Government Operations, Assembly Bill Number 

 9  9523 and substitute it for the identical Senate 

10  Bill Number 7019, Third Reading Calendar 1283.

11               ACTING PRESIDENT ROBACH:    

12  Substitution ordered.

13               The Secretary will read.

14               THE SECRETARY:   Calendar Number 

15  1283, by Member of the Assembly Farrell, Assembly 

16  Print Number 9523, an act to amend the Tax Law.

17               ACTING PRESIDENT ROBACH:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect immediately.

21               ACTING PRESIDENT ROBACH:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 55.  Nays, 

25  1.  Senator Diaz recorded in the negative.

                                                               4337

 1               ACTING PRESIDENT ROBACH:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  1284, by Senator Larkin, Senate Print 7297B, an 

 5  act to authorize.

 6               ACTING PRESIDENT ROBACH:   There is 

 7  a home-rule message at the desk.

 8               Read the last section.

 9               THE SECRETARY:   Section 3.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT ROBACH:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               ACTING PRESIDENT ROBACH:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 56.

18               ACTING PRESIDENT ROBACH:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  1285, by Senator Ball, Senate Print 7489A, an act 

22  to amend the Executive Law.

23               ACTING PRESIDENT ROBACH:   Read the 

24  last section.

25               THE SECRETARY:   Section 2.  This 

                                                               4338

 1  act shall take effect on the 180th day.

 2               ACTING PRESIDENT ROBACH:   Call the 

 3  roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 56.

 6               ACTING PRESIDENT ROBACH:   The bill 

 7  is passed.

 8               THE SECRETARY:   In relation to 

 9  Calendar Number 1286, Senator Bonacic moves to 

10  discharge, from the Committee on Rules, Assembly 

11  Bill Number 10523 and substitute it for the 

12  identical Senate Bill Number 7505, Third Reading 

13  Calendar 1286.

14               ACTING PRESIDENT ROBACH:    

15  Substitution ordered.

16               The Secretary will read.

17               THE SECRETARY:   Calendar Number 

18  1286, by the Assembly Committee on Rules, 

19  Assembly Print 10523, an act making findings and 

20  determinations.

21               ACTING PRESIDENT ROBACH:   There is 

22  a home-rule message at the desk.

23               Read the last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect immediately.

                                                               4339

 1               ACTING PRESIDENT ROBACH:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 56.

 5               ACTING PRESIDENT ROBACH:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  1287, by Senator Young, Senate Print 7509, an act 

 9  to amend the Public Officers Law.

10               ACTING PRESIDENT ROBACH:   Read the 

11  last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect immediately.

14               ACTING PRESIDENT ROBACH:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 56.

18               ACTING PRESIDENT ROBACH:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  1288, by Senator Oppenheimer, Senate Print 7510, 

22  an act to amend the Tax Law.

23               ACTING PRESIDENT ROBACH:   Read the 

24  last section.

25               THE SECRETARY:   Section 2.  This 

                                                               4340

 1  act shall take effect immediately.

 2               ACTING PRESIDENT ROBACH:   Call the 

 3  roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   In relation to 

 6  Calendar Number 1288, those recorded in the 

 7  negative are Senators Ball, Bonacic, Fuschillo, 

 8  Grisanti, Larkin, Martins, Nozzolio, Ranzenhofer, 

 9  and Zeldin.  Also Senator Libous.

10               Ayes, 46.  Nays, 10.

11               ACTING PRESIDENT ROBACH:   The bill 

12  is passed.  

13               THE SECRETARY:   Calendar Number 

14  1289, by Senator Ranzenhofer, Senate Print 7531, 

15  an act authorizing the Town of Amherst.

16               ACTING PRESIDENT ROBACH:   There is 

17  a home-rule message at the desk.

18               Read the last section.

19               THE SECRETARY:   Section 7.  This 

20  act shall take effect immediately.

21               ACTING PRESIDENT ROBACH:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 56.

25               ACTING PRESIDENT ROBACH:   The bill 

                                                               4341

 1  is passed.

 2               THE SECRETARY:   Calendar Number 

 3  1290, by Senator Saland, Senate Print 7538, an 

 4  act to amend the County Law.

 5               ACTING PRESIDENT ROBACH:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT ROBACH:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 56.

13               ACTING PRESIDENT ROBACH:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  1292, by Senator Skelos, Senate Print 7650, an 

17  act to amend the Tax Law.

18               ACTING PRESIDENT ROBACH:   Read the 

19  last section.

20               THE SECRETARY:   Section 8.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT ROBACH:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 56.

                                                               4342

 1               ACTING PRESIDENT ROBACH:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  1293, by Senator Ball, Senate Print 7661, an act 

 5  to amend the Tax Law.

 6               ACTING PRESIDENT ROBACH:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 5.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT ROBACH:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 56.

14               ACTING PRESIDENT ROBACH:   The bill 

15  is passed.

16               THE SECRETARY:   Calendar Number 

17  1294, by Senator Grisanti, Senate Print 7662, an 

18  act to amend the Public Service Law.

19               ACTING PRESIDENT ROBACH:   Read the 

20  last section.

21               THE SECRETARY:   Section 4.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT ROBACH:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               4343

 1               THE SECRETARY:   Ayes, 56.

 2               ACTING PRESIDENT ROBACH:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  1295, by Senator Seward, Senate Print 7663, an 

 6  act to amend the --

 7               SENATOR BRESLIN:   Lay it aside.

 8               ACTING PRESIDENT ROBACH:   The bill 

 9  is laid aside.

10               THE SECRETARY:   Calendar Number 

11  1296, by Senator Ranzenhofer, Senate Print 7664, 

12  an act to amend the Tax Law.

13               ACTING PRESIDENT ROBACH:   Read the 

14  last section.

15               THE SECRETARY:   Section 5.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT ROBACH:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 56.

21               ACTING PRESIDENT ROBACH:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  1297, by Senator Grisanti, Senate Print 7677, an 

25  act to amend the Labor Law.

                                                               4344

 1               ACTING PRESIDENT ROBACH:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect on the 30th day.

 5               ACTING PRESIDENT ROBACH:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               ACTING PRESIDENT ROBACH:   Senator 

 9  Grisanti to explain his vote.

10               SENATOR GRISANTI:   Yes, thank you 

11  again, Mr. President.  

12               You know, I would like to thank, 

13  first of all, Senator Martins and Senator Zeldin 

14  for their leadership on this issue, together with 

15  Dean Skelos and the rest of this body.  We 

16  finally have been able to resolve a long-standing 

17  safety issue affecting firefighters that has been 

18  confounding the Legislature for many years prior 

19  to me being here.  

20               This legislation will reform the 

21  Labor Law to protect both our professional and 

22  volunteer firefighters by ensuring that they are 

23  provided with the safest and most appropriate 

24  emergency escape systems.  This legislation comes 

25  up for a vote after over a year of meetings 

                                                               4345

 1  between all stakeholders.  

 2               Most importantly, this legislation 

 3  assures firefighters who enter buildings above 

 4  grade of the best emergency escape equipment 

 5  possible to help save their lives.  

 6               And further, this legislation goes 

 7  farther.  It undoes an unfunded mandate that 

 8  required municipalities to purchase equipment 

 9  that was not appropriate for some of the 

10  firefighters.  So this legislation gives the 

11  commissioner of the Department of Labor 

12  much-needed flexibility to ensure proper 

13  emergency escape systems are provided.

14               You know, whenever a firefighter 

15  gives their life in the line of service, we as 

16  elected officials attend their service, mourn 

17  them, and wonder what we could have done to help 

18  prevent a tragedy.  Well, my fellow colleagues, 

19  today we can do just this, by passing this 

20  legislation, to put the best equipment possible 

21  in their hands in order to give them every 

22  opportunity to escape and survive when all other 

23  lifesaving options are exhausted and their life 

24  is on the line.  

25               I vote in the affirmative, 

                                                               4346

 1  Mr. President, and I encourage everybody else to 

 2  do so.  Thank you very much.

 3               ACTING PRESIDENT ROBACH:   Thank 

 4  you, Senator Grisanti.  

 5               And I would encourage members, two 

 6  minutes on the vote explanation.

 7               Senator Zeldin to explain his vote.

 8               SENATOR ZELDIN:   I rise in favor 

 9  of this vote as well.  

10               There's a lot of discussion with 

11  regards to mandate relief.  For the volunteer 

12  fire departments in the Third Senate District, 

13  there's no better form of mandate relief that we 

14  could be giving them than passing this bill 

15  today.  

16               I would like to thank Senator 

17  Grisanti and Senator Martins both for their 

18  leadership on this issue; also, the New York 

19  State Fire Chiefs.  There has been a broad 

20  coalition of support from all around the state.  

21  And I also wanted to thank Adam Richardson, who 

22  works for the Senate, who worked so very hard on 

23  this as well.  They really are to be commended.  

24               But on behalf of all the fire 

25  departments in the Third Senate District, thank 

                                                               4347

 1  you to all my colleagues who support this and to 

 2  Senator Skelos for allowing a vote.

 3               ACTING PRESIDENT ROBACH:   Thank 

 4  you, Senator Zeldin.  

 5               Announce the results.

 6               THE SECRETARY:   Ayes, 56.

 7               ACTING PRESIDENT ROBACH:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  1298, by Senator Libous, Senate Print 7686, an 

11  act to amend the --

12               SENATOR LIBOUS:   Lay it aside for 

13  the day.

14               ACTING PRESIDENT ROBACH:   The bill 

15  is laid aside for the day.

16               THE SECRETARY:   Calendar Number 

17  1299, by Senator Ritchie, Senate Print 7727, an 

18  act to amend the Alcoholic Beverage Control Law.

19               ACTING PRESIDENT ROBACH:   Read the 

20  last section.

21               THE SECRETARY:   Section 17.  This 

22  act shall take effect on the 180th day.

23               ACTING PRESIDENT ROBACH:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               4348

 1               ACTING PRESIDENT ROBACH:   Senator 

 2  Ritchie to explain her vote.

 3               SENATOR RITCHIE:   Thank you, 

 4  Mr. President.

 5               I rise in support of this 

 6  legislation, which will provide an economic boost 

 7  for our farmers, craft brewers, and also the 

 8  tourism economy as whole.  Farm wineries across 

 9  this state, like many in my district, have become 

10  primary tourist attractions, and with this 

11  legislation we'll expand the same opportunity for 

12  farmers and the small business community.  

13               I'd like to thank Governor Cuomo 

14  for his leadership on this, but I'd also like to 

15  thank Senator Valesky for partnering with me on 

16  this legislation.  I vote aye.  

17               Thank you.

18               ACTING PRESIDENT ROBACH:   Senator 

19  Valesky to explain his vote.

20               SENATOR VALESKY:   Thank you, 

21  Mr. President.  

22               I want to join Senator Ritchie in 

23  congratulating all involved in this bill.  The 

24  Governor has taken a lead role in this.  

25               And I think that clearly, as time 

                                                               4349

 1  goes by, the creation of the farm brewery license 

 2  will have the same effect for our craft breweries 

 3  across the state as the farm winery license did a 

 4  number of years ago.  

 5               So I want to thank all my 

 6  colleagues and especially Senator Ritchie for her 

 7  leadership on this issue.  I vote in the 

 8  affirmative.

 9               ACTING PRESIDENT ROBACH:   Thank 

10  you, Senator Valesky.  You will be recorded in 

11  the affirmative.

12               Announce the results.

13               THE SECRETARY:   Ayes, 55.  Nays, 

14  1.  Senator Diaz recorded in the negative.

15               ACTING PRESIDENT ROBACH:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  1300, by Senator Zeldin, Senate Print 7728, an 

19  act to amend the Tax Law.

20               ACTING PRESIDENT ROBACH:   Read the 

21  last section.

22               THE SECRETARY:   Section 7.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT ROBACH:   Call the 

25  roll.

                                                               4350

 1               (The Secretary called the roll.)

 2               ACTING PRESIDENT ROBACH:   Senator 

 3  Zeldin to explain his vote.

 4               SENATOR ZELDIN:   I rise in favor 

 5  of this particular bill and this effort.  

 6               There was a very broad coalition of 

 7  support amongst New York's craft breweries spread 

 8  out all throughout New York State.

 9               Now, when I was running for office 

10  for the first time, if anyone would have ever 

11  told me that on a Sunday morning I would be at 

12  the East Village Tavern grabbing a craft brew 

13  with Senator Squadron and Senator Schumer and 

14  Assemblyman Lentol -- this particular issue 

15  brings us all together, the idea of supporting 

16  breweries, craft breweries here in New York 

17  State.  

18               And I know that Senator Skelos and 

19  the team has worked so hard to negotiate this 

20  particular deal on this legislation.

21               I represent Blue Point Brewery in 

22  the Third Senate District.  And these are jobs.  

23  While other industries over the course of the 

24  last decade have been suffering, the New York 

25  State craft breweries have been investing in 

                                                               4351

 1  New York State.  They have been growing here in 

 2  New York.  

 3               This is supporting New York State 

 4  companies, hiring New York State employees.  And 

 5  while this industry is willing to invest here in 

 6  New York, I say this Legislature should do 

 7  everything in their power to support it.  

 8               I vote aye.

 9               ACTING PRESIDENT ROBACH:   Senator 

10  Squadron to explain his vote.

11               SENATOR SQUADRON:   Thank you, 

12  Mr. President.  

13               I want to commend Senator Zeldin 

14  for his leadership on this issue.  It's something 

15  that the moment the need was there, he was on top 

16  of and working in a bipartisan fashion.  Also, 

17  with the Assembly, we were able to get something 

18  done.  And I appreciate the Governor also 

19  weighing in and making this happen.

20               As Senator Zeldin said, this is an 

21  industry that is really expanding and growing 

22  here in the state right now.  And it's so 

23  important that we allow it to continue.  

24               I represent Brooklyn Brewery, which 

25  is a great jobs generator in Brooklyn, along with 

                                                               4352

 1  Senator Dilan; we share the area.  And Brooklyn 

 2  Brewery is such a great job generator in 

 3  Brooklyn, but also in Utica, New York, where some 

 4  of it is brewed.  And in addition, it's just a 

 5  great brand for Brooklyn and for the state.  And 

 6  that's true for the breweries in Senator Zeldin's 

 7  district, Senator Valesky, others across the 

 8  state.  

 9               This is a case in which an 

10  incentive of the state really does make a 

11  difference.  We've got an industry that has three 

12  times as many jobs as it did a decade ago, twice 

13  as many businesses continuing to grow.  

14               I thank Senator Zeldin again.  

15  Mr. President, you also have some wonderful 

16  breweries in your own district.  And so on behalf 

17  of all of them, I vote aye, Mr. President.  

18               ACTING PRESIDENT ROBACH:   Thank 

19  you, Senator Squadron.  

20               Senator McDonald to explain his 

21  vote.

22               SENATOR MCDONALD:   Thank you, 

23  Mr. President.  

24               Thanks to Senator Zeldin, Senator 

25  Skelos, all our colleagues on the other side, and 

                                                               4353

 1  the Governor's office.  

 2               Like many communities, I have 

 3  several of these breweries already, and many are 

 4  being proposed.  They make a difference.  As it 

 5  was said, they employ local people.  In addition 

 6  to that, they are a stimuli for the local 

 7  economy.  And they're a lot of fun.

 8               So -- on a serious note, though, it 

 9  is something that was needed because of that 

10  court case, and I'm so proud that we responded 

11  quickly.  

12               And as we go into the summer 

13  months, it is a tourist attraction.  I have a 

14  couple of wonderful breweries up in Saratoga 

15  Springs.  I have the Brown's Brewery in the City 

16  of Troy, Chatham Brewery in Chatham, in Columbia 

17  County.  They are nothing but hot spots of people 

18  just getting together enjoying food and locally 

19  brewed beer.  

20               Thank you.

21               ACTING PRESIDENT ROBACH:   Thank 

22  you, Senator McDonald.

23               Announce the results.

24               THE SECRETARY:   Ayes, 55.  Nays, 

25  1.  Senator Diaz recorded in the negative.

                                                               4354

 1               ACTING PRESIDENT ROBACH:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  1301, by Senator Saland, Senate Print 7740 --

 5               SENATOR KLEIN:   Lay it aside.

 6               ACTING PRESIDENT ROBACH:   The bill 

 7  is laid aside by Senator Klein.

 8               Senator DeFrancisco, that concludes 

 9  the noncontroversial reading of the supplemental 

10  calendar.

11               SENATOR DeFRANCISCO:    

12  Mr. President, would you please go on to the 

13  controversial reading of the supplemental 

14  calendar.

15               ACTING PRESIDENT ROBACH:   The 

16  Secretary will ring the bell.  We will now move 

17  to the controversial reading of the calendar.  If 

18  members could please come to the chamber, we can 

19  get to the debate list.

20               The Secretary will read.

21               THE SECRETARY:   Calendar Number 

22  1274, by Senator Nozzolio, Senate Print 3213, an 

23  act to amend the Vehicle and Traffic Law.

24               ACTING PRESIDENT ROBACH:   Senator 

25  Krueger.

                                                               4355

 1               SENATOR KRUEGER:   Thank you.  If 

 2  the sponsor would please yield to some questions.

 3               ACTING PRESIDENT ROBACH:   Senator 

 4  Nozzolio, will you yield?

 5               SENATOR NOZZOLIO:   Yes, 

 6  Mr. President.  

 7               SENATOR KRUEGER:   Thank you.

 8               Does the Senator know the 

 9  fiscal-note cost of this bill on an annualized 

10  basis for the years after the first four years 

11  when there would be no loss for the state?  

12               ACTING PRESIDENT ROBACH:   Senator 

13  Nozzolio.

14               SENATOR NOZZOLIO:   Mr. President, 

15  before I get into the specifics of the 

16  legislation, I'd like to indicate to my 

17  colleagues what this legislation is about.  

18               It establishes a one-time 

19  registration fee for historic vehicles.  Those 

20  who take their time and effort and money to 

21  restore a historic vehicle -- that is a vehicle 

22  that, by law, is defined as a vehicle that is 

23  manufactured more than 25 years prior to the 

24  calendar year of which we are in -- those 

25  individuals now are confronted with an annual 

                                                               4356

 1  registration fee, a fee that's decided whether or 

 2  not they're going to pay.  

 3               It's a limited-use vehicle.  It's 

 4  taken from basically one exhibition to another.  

 5  That it's become a very popular series of events 

 6  in particularly upstate New York, where various 

 7  historic vehicles are part of summer festivals, 

 8  summer exhibitions.  It's become a growing 

 9  component certainly of life in New York.

10               And that those who restore these 

11  vehicles must have to make a choice, do they put 

12  them on the road and pay the annual fee or, under 

13  this legislation, receive a one-time requirement 

14  that that payment be, as listed in the 

15  legislation, of $100.  That fee in effect 

16  contrasts with the annual fee that is now charged 

17  at $28 per vehicle.

18               So Senator Krueger could do the 

19  math that basically, rather than collect the fee 

20  every year, the Department of Motor Vehicles 

21  would collect that fee on a one-time basis.

22               If we were to develop an 

23  econometric model about this legislation, you'd 

24  have to look at items like who in fact is 

25  deciding to pay a one-time fee as opposed to 

                                                               4357

 1  rejecting the annual fee.  

 2               Another item of basis within this 

 3  econometric model would be whether or not the 

 4  administrative costs to the State of New York to 

 5  collect this fee each and every year outweigh the 

 6  revenue coming to the state from this renewal 

 7  process, as opposed to a one-time process.  Of 

 8  course that one-time process would change when 

 9  the vehicle changed registrations, if the vehicle 

10  is sold or transferred in some way, and then 

11  you'd have to pay for that one-time fee.

12               So there are certain unknowns about 

13  developing a strict fiscal impact to the state, 

14  except to know that the sky is the limit in terms 

15  of the ability to gather revenue for the state 

16  with this legislation.  The more we encourage 

17  people to engage in this one-time registration, 

18  the more revenue would be brought to the state.  

19               There are currently between 7 and 

20  12 million vehicles out there that are either in 

21  some stages of restoration and exhibition.  And 

22  of course every year it would bring, cycling, a 

23  new criterion would allow an additional 

24  model-year of vehicle to be receiving the 

25  historical designation.

                                                               4358

 1               So I'd have to say, looking at all 

 2  those factors, the bottom line is that this 

 3  legislation will enhance the quality of life in 

 4  this state, will be, at worst, revenue neutral, 

 5  and will at best actually raise money for the 

 6  State of New York.

 7               SENATOR KRUEGER:   Through you, 

 8  Mr. President, if the sponsor would yield, 

 9  please.

10               ACTING PRESIDENT ROBACH:   Senator 

11  Nozzolio, will you continue to yield to Senator 

12  Krueger?  

13               SENATOR NOZZOLIO:   Yes, 

14  Mr. President.

15               SENATOR KRUEGER:   So I appreciate 

16  the detailed explanation.  

17               But getting back to the question, 

18  how many vehicles do we believe currently are 

19  paying $28.75 per year that would switch into a 

20  $100 one-time-only -- therefore, after four years 

21  plus or a month or two, end up being a revenue 

22  reducer for State of New York?  

23               SENATOR NOZZOLIO:   Mr. President, 

24  the question is, is this a revenue reducer for 

25  the State of New York?  

                                                               4359

 1               SENATOR KRUEGER:   Through you, 

 2  Mr. President, maybe we'll just start with how 

 3  many vehicles in the State of New York do we 

 4  believe this law would apply to.

 5               SENATOR NOZZOLIO:   Well, 

 6  Mr. President, it depends on how many wish to 

 7  restore their vehicles and how many in each model 

 8  year decide -- the law establishes now a 25-year 

 9  period.  So that every year, a new model-year is 

10  added to that 25-year period.  

11               The potential for a particular 

12  model-year of restoration is not necessarily 

13  something that would be easily calculable.  But 

14  the historic registration fee we believe would 

15  affect millions of cars, millions of historical 

16  vehicle owners through time.

17               SENATOR KRUEGER:   Through you, 

18  Mr. President, thank you.  

19               Okay, so the sponsor has thrown a 

20  number of numbers out there.  He said millions of 

21  cars over time.  In his earlier presentation he 

22  said there could be as many as 7 to 12 million 

23  cars going through restoration in the State of 

24  New York.

25               Through you, Mr. President, if the 

                                                               4360

 1  sponsor would continue to yield.

 2               ACTING PRESIDENT ROBACH:   Senator 

 3  Nozzolio, do you continue to yield?  

 4               SENATOR NOZZOLIO:   Yes, 

 5  Mr. President.

 6               SENATOR KRUEGER:   So if I 

 7  understand you right, even taking the 

 8  conservative number, are you suggesting that 

 9  there are 7 million vehicles in the State of 

10  New York 25 years or older that are going through 

11  some kind of renovation or restoration that are 

12  currently paying $28.75 per year to the State of 

13  New York?

14               SENATOR NOZZOLIO:   Mr. President, 

15  the Department of Motor Vehicles does not have 

16  that information readily available.  After 

17  Senator Krueger asked the same question in 

18  Rules Committee, we checked with the department 

19  today; they don't have that number.

20               SENATOR KRUEGER:   Through you, 

21  Mr. President, if the sponsor would continue to 

22  yield.

23               ACTING PRESIDENT ROBACH:   Senator 

24  Nozzolio, do you continue to yield?  

25               SENATOR NOZZOLIO:   Yes, 

                                                               4361

 1  Mr. President.

 2               SENATOR KRUEGER:   Thank you.

 3               So the Department of Motor Vehicles 

 4  doesn't know how many cars they currently collect 

 5  money from -- excuse me, owners of cars.  I don't 

 6  think the cars are paying themselves, so I want 

 7  to correct myself.  

 8               So the Department of Motor Vehicles 

 9  says that they don't know how many registrations 

10  of cars there are now per year in the State of 

11  New York for cars 25 years or older.  That's 

12  actually very disturbing to me and I think should 

13  be disturbing to the sponsor as well.  One would 

14  think the Department of Motor Vehicles should 

15  know how many vehicles it's collecting 

16  registration money on behalf of.

17               But let's say if it's the 7 million 

18  cars he suggests, that would be approximately -- 

19  excuse me.  If it was 7 million cars at, excuse 

20  me, $28.75 a year, that would be $200 million to 

21  the State of New York.  And it would concern me 

22  immensely for us to pass a bill that was reducing 

23  our revenue by over $200 million a year.  

24               And so I guess I ask again -- we're 

25  all shaking our heads, so I'm not sure that there 

                                                               4362

 1  are 7 million cars over 25 years old going 

 2  through restoration or on the roads of New York 

 3  State.  But is it possible that there are 

 4  7 million cars over 25 years old that are defined 

 5  under the category of this bill?

 6               SENATOR NOZZOLIO:   Through you, 

 7  Mr. President, that -- Senator Krueger, there's a 

 8  choice that every owner of a vehicle makes, 

 9  whether or not they wish to place it under this 

10  historic designation and receive a historic 

11  license plate.  We're not alleging that there are 

12  7 million vehicles now under the historic plate 

13  number.  And DMV did not have that data readily 

14  available when we called in response to your 

15  question today.

16               But I think you have to step back 

17  for a second, get out of the weeds and understand 

18  that this is a policy that could engender much 

19  interest and support.  

20               That remember, every year, every 

21  calendar year there is a new model-year added to 

22  that 25-year historical status.  That every motor 

23  vehicle that's 25 years old doesn't have an owner 

24  that's necessarily interested in establishing 

25  that being a historic vehicle.  Some may be 

                                                               4363

 1  driving it out of necessity.  

 2               But the fact is those who have 

 3  restored vehicles, who spend a lot of time and 

 4  effort into their hobby, are asking to establish 

 5  a more reasonable rate of registration for a very 

 6  limited use of the vehicle, which is basically to 

 7  and from historical vehicle exhibitions.  

 8               That's all this is.  It's not 

 9  something that is trying to establish some type 

10  of detailed model.  It's only to encourage those 

11  who are restoring vehicles to pay the fee, to 

12  make the decision to keep their car licensed and 

13  to keep it licensed in New York.

14               That there is potential for many 

15  millions of vehicles to fall under this category 

16  and many owners to choose to be participants in 

17  this historic vehicle registration.  But -- and 

18  with that, Mr. President, I think I've 

19  sufficiently discussed Senator Krueger's 

20  questions and do not wish to elaborate further.

21               ACTING PRESIDENT ROBACH:   Thank 

22  you, Senator Nozzolio.

23               SENATOR KRUEGER:   I think that 

24  meant he doesn't wish to answer any more 

25  questions.  On the bill, Mr. President.

                                                               4364

 1               ACTING PRESIDENT ROBACH:   Senator 

 2  Krueger on the bill.

 3               SENATOR KRUEGER:   So sometimes an 

 4  older car is just an old car, not a historic 

 5  vehicle that's been restored.  My husband's car 

 6  is from 1990, so I guess in three years he can 

 7  make the decision whether or not he would want to 

 8  register as an historical vehicle.  But trust me, 

 9  if you've seen it, nobody wants to call it a 

10  historic vehicle.  

11               I too enjoy historic cars, and I 

12  like actually to go to antique car shows.  I 

13  think it's very interesting, and the history of 

14  the automobile and this country's dependence on 

15  it.  And some people are truly passionate about 

16  the restoration work they do on their cars.

17               My point about this bill is for 

18  that universe -- and I don't think it's 7 million 

19  cars.  I'm sure it's a much smaller number.  And 

20  yet I'm disturbed DMV can't tell us the numbers 

21  we're working with.  My point is, one, bills that 

22  come to the floor of the Senate to be voted on 

23  should have the fiscal notes and should have the 

24  numbers behind them to tell us how much money the 

25  state would be gaining or losing by passage of a 

                                                               4365

 1  piece of legislation.

 2               Two, people who restore and 

 3  lovingly restore historic cars -- and some could 

 4  be back as far as Model Ts and some of the 

 5  original vehicles that crossed and crisscrossed 

 6  this country.  Some can be a 1987 car in 

 7  not-great shape, not unlike my husband's 1990 

 8  Nissan Maxima.

 9               My point is, for the people who are 

10  investing in showing their cars and competing, in 

11  going to antique car shows, in lovingly 

12  restoring, $29.75 isn't really -- excuse me, I 

13  added a dollar -- $28.75 isn't really the 

14  make-it-or-break-it issue for them.  In fact, I 

15  have had some people who are car restorers tell 

16  me that the only thing more expensive to own and 

17  never use than a boat is an antique car.  So they 

18  put a huge amount of money into antique cars.  

19  And they love them, and they're exciting, and 

20  that's great.

21               But there are costs to the state 

22  also for having responsibility over vehicles and 

23  for vehicles driving our roads, and $28.75 is a 

24  minimal amount of money.  And in fact, changing 

25  it to a $100 one-time-only for some of those 

                                                               4366

 1  vehicles that become 1986 or 1985 vehicles that 

 2  are eligible, some are from the 1920s -- so if 

 3  you imagine that a historic vehicle, if this law 

 4  passed, the owner would pay $100 once but the 

 5  state could lose that revenue year after year, 

 6  decade after decade.  I really can't see a 

 7  justification for the state deciding it wants to 

 8  lose that revenue at this point in time.  

 9               And I don't think it will prevent 

10  or distract any car lover from continuing their 

11  pursuit of the perfect, historically accurate 

12  restored vehicle.

13               I vote no, Mr. President.  Thank 

14  you.

15               ACTING PRESIDENT ROBACH:   Thank 

16  you, Senator Krueger.

17               Seeing no other Senator wishing to 

18  be heard, the debate is closed.  The Secretary 

19  will ring the bell.  We need to get all members  

20  in the chamber to vote on the controversial 

21  calendar.

22               Read the last section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT ROBACH:   Call the 

                                                               4367

 1  roll.

 2               (The Secretary called the roll.)

 3               ACTING PRESIDENT ROBACH:   Announce 

 4  the results.

 5               THE SECRETARY:   In relation to 

 6  Calendar Number 1274, those recorded in the 

 7  negative are Senators Addabbo, Avella, Breslin, 

 8  Dilan, Duane, Gianaris, Krueger, Montgomery, 

 9  Oppenheimer, Parker, Peralta, Ritchie, Rivera, 

10  Serrano, Squadron, Stavisky, and Stewart-Cousins.

11               Ayes, 39.  Nays, 17.

12               ACTING PRESIDENT ROBACH:   The bill 

13  is passed.

14               THE SECRETARY:   Calendar Number 

15  1275, by Senator Griffo, Senate Print 

16  3742B, an act to amend the Vehicle and Traffic 

17  Law.

18               ACTING PRESIDENT ROBACH:   Senator 

19  Krueger.

20               SENATOR KRUEGER:   Thank you, 

21  Mr. President.  If the sponsor would please yield 

22  to some questions.

23               ACTING PRESIDENT ROBACH:   Senator 

24  Griffo, would you please yield to some 

25  questions?  

                                                               4368

 1               SENATOR GRIFFO:   It's a pleasure 

 2  to have Senator Krueger back in the house.

 3               SENATOR KRUEGER:   Thank you so 

 4  much, Senator Griffo.

 5               (Laughter.)

 6               SENATOR KRUEGER:   I'm sorry, 

 7  Mr. President, can I ask my colleagues why that 

 8  was funny?

 9               (Laughter.)

10               SENATOR KRUEGER:   Behave, 

11  everyone.

12               ACTING PRESIDENT ROBACH:   Who 

13  would you like to yield for a question, Senator?  

14               (Laughter.)

15               SENATOR KRUEGER:   You know what, 

16  I'll stick with Senator Griffo, the charming, 

17  polite Senator Griffo.  Thank you.  

18               ACTING PRESIDENT ROBACH:   Continue 

19  with your question, Senator Krueger.

20               SENATOR KRUEGER:   Thank you, 

21  Mr. President.  Through you, Mr. President.  

22               This bill would allow ATVs to be 

23  increased by weight limit to 2,000 pounds and 

24  would actually allow for the registration of 

25  vehicles with a carrying capacity of more than 

                                                               4369

 1  3,000 pounds to go to off-road vehicles.

 2               What's the current weight standard 

 3  in New York State without this law?

 4               SENATOR GRIFFO:   Well, Senator 

 5  Krueger -- Mr. President, through you.  Senator 

 6  Krueger, the current VLT Section 2281 provides 

 7  for only one class of an ATV which cannot exceed 

 8  1,000 pounds.

 9               We have, Senator Krueger, 

10  throughout deliberations here in the past, tried 

11  to look at the weight, because there are industry 

12  and societal changes.  In order to reflect those 

13  changes in the industry and in society, we have 

14  regularly looked at weight.  What we're trying to 

15  do in this bill is look at a redefinition in 

16  order to allow this particular component of the 

17  industry to be competitive.  

18               Particularly as you expressed 

19  concerns in the prior debate on registration 

20  opportunities and revenue, this really would 

21  allow for additional revenue to be generated for 

22  the state as well as to continue to help not only 

23  from a professional perspective, but from an 

24  economic perspective also, relative to the 

25  tourism industry.

                                                               4370

 1               SENATOR KRUEGER:   Through you, 

 2  Mr. President, if the sponsor would continue to 

 3  yield.

 4               ACTING PRESIDENT ROBACH:   Senator 

 5  Griffo, do you continue to yield?  

 6               SENATOR GRIFFO:   Yes, sure.

 7               SENATOR KRUEGER:   So the ATV 

 8  weight limit in this state used to be 500 pounds, 

 9  and then we changed it to a thousand pounds.  Why 

10  do we need to increase it to 2,000 pounds, and 

11  who are we competing with?

12               SENATOR GRIFFO:   Well -- 

13  Mr. President, through you.  Senator Krueger, as 

14  I indicated to you before -- and you can see this 

15  even in the automobile industry.  Vehicles are 

16  changing and being designed differently to 

17  accommodate a lot of needs for a lot of different 

18  reasons.  

19               In this particular instance, the 

20  industry is -- and society, the requests have 

21  been for these vehicles to become larger.  

22  They're used for a lot of purposes, both 

23  recreationally and professionally.  There are 

24  requirements, there would be requirements for 

25  registration outside of agriculture, because in 

                                                               4371

 1  agriculture you would not have to register that.  

 2               So when you look at advancements in 

 3  technology, when you look at new designs and you 

 4  look at some of the requests from the consumer, I 

 5  think that's what this is, a reflection of 

 6  meeting today.  

 7               And who we're competing with is 

 8  right now you can go to New Jersey and purchase 

 9  this, but you can't do it in New York State.  So 

10  we're hurting our retailers and our manufacturers 

11  in New York State by allowing this lower limit.  

12               And I don't know if you've ever had 

13  an opportunity to actually ride on one of these.  

14  I'd ask Senator Krueger if she'd yield.  Have you 

15  ever ridden on an ATV?  

16               SENATOR KRUEGER:   Through you, 

17  Mr. President, yes, I have ridden on an ATV.

18               SENATOR GRIFFO:   So you have some 

19  familiarization, then, with what I'm talking 

20  about.  

21               SENATOR KRUEGER:   Yes, I do.  And 

22  it was in New Jersey.  And I don't know what the 

23  weight of it was.  But my understanding is 

24  New Jersey's weight limit is a thousand pounds, 

25  which is the same -- excuse me, 600 pounds.  So 

                                                               4372

 1  they're below ours.  So I don't understand why 

 2  we'd be competing with New Jersey by going to 

 3  2,000 pounds for an ATV.

 4               SENATOR GRIFFO:   Mr. President, 

 5  through you.  Senator Krueger, I don't believe 

 6  that's completely accurate, because there are 

 7  different proportional limits and sizes that 

 8  exist.  And you can purchase vehicles of this 

 9  size outside of the State of New York right now.  

10               And the industry itself is 

11  evolving, as I indicated, for lack of a better 

12  word, to reflect consumer interest, demand and 

13  need.  And as a result of that, I think these 

14  vehicles are being made to do less damage to 

15  forest floor, cause less soil and trail erosion, 

16  become more family-oriented, and actually their 

17  safety standards have been increased also as a 

18  result of how they're being manufactured.

19               SENATOR KRUEGER:   Through you, 

20  Mr. President, if the sponsor would continue to 

21  yield.

22               ACTING PRESIDENT ROBACH:   Senator 

23  Griffo, do you continue to yield?  

24               SENATOR GRIFFO:   Sure.

25               SENATOR KRUEGER:   Thank you.  

                                                               4373

 1               I'm happy to share my chart, which 

 2  is the Specialty Vehicle Institute of America 

 3  State All-Terrain Vehicle Requirements, which has 

 4  the weight displacement limits by state.  And in 

 5  fact, I don't see -- I'm just double-checking -- 

 6  any state that has a 2,000-pound limit.  Now, 

 7  they might be selling them, but they're not legal 

 8  to use in those states, at least according to 

 9  this chart.

10               But I heard the sponsor answer me 

11  by saying that the industry is changing and the 

12  purposes are changing and the safety is 

13  changing.  So I want to go to the safety issues.  

14               Are these vehicles that would be 

15  double the weight of what's legally allowed in 

16  New York State going to continue under this law 

17  to be usable by children under 16?

18               SENATOR GRIFFO:   Mr. President, 

19  through you.  Senator Krueger, currently you're 

20  not allowed to have an ATV, if you take -- just 

21  similar to a car license, you have to be 16.  

22  Unless you're on a agricultural exemption, and 

23  that would require permission of the parent as 

24  well as, with that consent, a safety 

25  certification that you've undertaken a certain 

                                                               4374

 1  course in how to run or operate that vehicle.

 2               So I believe right now there are 

 3  restrictions of under 16, with the exception of 

 4  the agriculture exemption.  And then, with that, 

 5  would require consent and safety certification.

 6               SENATOR KRUEGER:   Through you, 

 7  Mr. President, if the sponsor would continue to 

 8  yield.

 9               ACTING PRESIDENT ROBACH:   Senator 

10  Griffo, will you continue to yield?  

11               SENATOR GRIFFO:   Yes.

12               ACTING PRESIDENT ROBACH:    

13  Continue.

14               SENATOR KRUEGER:   Thank you.  Just 

15  for clarification, someone under 16 in the State 

16  of New York requires parental consent and a 

17  safety course, is that what I just heard you say?

18               SENATOR GRIFFO:   Agriculturally.

19               SENATOR KRUEGER:   For agricultural 

20  purposes.

21               SENATOR GRIFFO:   Mr. President, 

22  through you, for agricultural purposes.  

23               Beyond that, you have to be over 16 

24  in order to operate one of these.  But with the 

25  agriculture exemption, you would have to have 

                                                               4375

 1  consent and proper safety certification 

 2  demonstrated.

 3               SENATOR KRUEGER:   Through you, 

 4  Mr. President, if the sponsor would continue to 

 5  yield.

 6               ACTING PRESIDENT ROBACH:   Senator 

 7  Griffo?

 8               SENATOR GRIFFO:   Yes.

 9               SENATOR KRUEGER:   Does the sponsor 

10  agree that it's possible these under-16-year-olds 

11  are actually using these ATVs for nonagricultural 

12  purposes even though the law says that they 

13  can't?

14               SENATOR GRIFFO:   Mr. President, 

15  through you.  Senator Krueger, I would hope that 

16  families -- I believe in the family, and I hope 

17  that parents are exercising proper responsibility 

18  and supervision in cases such as this.  

19               So I'm not aware of what may be or 

20  may not be happening.  I'm sure that happens in 

21  all cases where a youngster may have access or do 

22  something that they shouldn't do.  

23               But again, I would rely heavily on 

24  the home and the family here to properly 

25  supervise.  It would be no different than we talk 

                                                               4376

 1  about the hazards of a pool in the backyard and, 

 2  you know, you have to make sure that you're 

 3  monitoring properly who has access to it and who 

 4  is near it.

 5               So in this particular case, if 

 6  there is an individual under the age of 16, as 

 7  you indicated, I'm not aware of specific 

 8  illustrations or examples, but I would hope that 

 9  would be in the purview of the parent and the 

10  parent would exercise proper responsibility and 

11  oversight.

12               SENATOR KRUEGER:   Through you, 

13  Mr. President.  On the bill.

14               ACTING PRESIDENT ROBACH:   Senator 

15  Krueger on the bill.

16               SENATOR KRUEGER:   Thank you.  I 

17  appreciate the sponsor's responses.

18               I have several concerns about this 

19  bill.  

20               One, the environmental community 

21  has been clear that ATVs, the heavier they get, 

22  the more than environmental damage they can do 

23  off-road, in wilderness areas.  This is not for 

24  agricultural purposes but for pleasure riding.  

25  And so doubling the weight of ATVs adds 

                                                               4377

 1  significantly to the environmental risk and 

 2  damage that can be caused by these vehicles.

 3               Second, just to put it in 

 4  perspective, a 2,000-pound ATV weighs more than 

 5  some of the antique cars pre-1987 that we were 

 6  discussing in the previous bill.  A VW Beetle 

 7  weighs less than 2,000 pounds.  There are several 

 8  current cars that weigh approximately 2,000 

 9  pounds.  So the concept that we're talking about, 

10  an ATV -- again, for nonagricultural work 

11  purposes -- that's being driven hopefully legally 

12  by adults, but no guarantee -- I have certainly 

13  unfortunately witnessed any number of 

14  under-16-year-olds driving ATVs and even 

15  16-to-21-year-olds driving ATVs perhaps not as 

16  they were instructed.

17               These are enormously large and 

18  heavy vehicles.  They go fast off-road.  They put 

19  young people, particularly, at risk.  The 

20  American Association of Pediatricians argues that 

21  people under 16 should not be driving ATVs.  And 

22  I don't think this report was based on 2,000 

23  pounds, because no state had a 2,000 pound limit 

24  at the time of this report.  

25               That steering is complex and 

                                                               4378

 1  counterintuitive.  That a child cannot even begin 

 2  to follow the process.  And if he or she is too 

 3  short to reach the footrest and is outweighed by 

 4  the machine many times over, it puts them at even 

 5  greater risk.  Pediatricians, orthopedic surgeons 

 6  and other health professionals across the country 

 7  are expressing growing concern that the 

 8  industry's self-regulating approach has failed to 

 9  protect children and continued to leave them 

10  vulnerable of injury and death.  The problems are 

11  so serious that major medical associations have 

12  issued formal policies concerning ATV use by 

13  young people.

14               There is a risk of death from the 

15  existing ATVs.  And there has been national 

16  tracking of the number of people who die each 

17  year in ATV accidents.  And those are, again, 

18  smaller ATVs.  We're talking about doubling the 

19  size from a weight perspective.  And you have to 

20  believe that weight is going into faster engines 

21  to move more quickly in off-road situations.

22               I have to believe that if we were 

23  to double the weight of ATVs for nonagricultural 

24  purposes, we would find ourselves with an 

25  increased number of deaths, an increased number 

                                                               4379

 1  of injuries, and increased harm done to young 

 2  people -- who again, maybe aren't supposed to be 

 3  driving them, but they are.  They are driving 

 4  them.

 5               And to allow these machines to get 

 6  bigger, heavier, faster and technically more 

 7  dangerous is not in the best interests of the 

 8  children of New York State.  And to be honest, 

 9  since you're not talking about agricultural 

10  purposes here specifically, it's bad for the 

11  environment, it puts people at greater risk.  I 

12  just don't understand the arguments to why we 

13  would want to double the weight of ATV vehicles 

14  in this state.

15               And we can't really argue it's 

16  because we're losing ATV riders to other states, 

17  because other states don't have a 2,000-pound 

18  limit.  Many of them don't even have a 

19  1,000-pound limit.  

20               So I would urge a no vote on this 

21  today, Mr. President.  Thank you.

22               ACTING PRESIDENT ROBACH:   Thank 

23  you, Senator Krueger.

24               Senator Oppenheimer, why do you 

25  rise?

                                                               4380

 1               SENATOR OPPENHEIMER:   Thank you 

 2  for your recognition.  I'd like to just speak on 

 3  the bill.

 4               ACTING PRESIDENT ROBACH:   On the 

 5  bill.

 6               SENATOR OPPENHEIMER:   This is the 

 7  report that Senator Krueger was referencing, and 

 8  it has serious implications for the safety of 

 9  youngsters.  It's put out by the Consumer 

10  Federation of America.

11               But I would say this is a terrible 

12  bill just from an environmental standpoint, 

13  because this damage that will be created by these 

14  off-road vehicles to our trail network will be 

15  enormous.  And, you know, we're not rolling in 

16  money, so we're not going to be in a position to 

17  start to repair all the damage that has been 

18  done.

19               The fact that we have limited in 

20  the past the ATVs to a thousand pounds is really 

21  what we were trying -- the environmental 

22  community and the park community was trying to 

23  find a middle ground where the vehicles would 

24  have to be of a certain weight to maintain the 

25  trails, but yet we were very concerned about the 

                                                               4381

 1  weight factor.

 2               A report was published a while back 

 3  called "Rutted and Ruined," and it talked about 

 4  the damage in our Forest Preserve and in our 

 5  parks from off-trail vehicles that are heavier 

 6  than a thousand pounds.  

 7               So this is really a very bad bill, 

 8  and it's small wonder than the Environmental 

 9  Advocates have actually given it its highest 

10  designation as far as seriousness, and that is 3 

11  smokestacks.  So this really is a very bad bill 

12  and should be turned down.  

13               I vote no.  Thank you, 

14  Mr. President.

15               ACTING PRESIDENT ROBACH:   Thank 

16  you, Senator Oppenheimer.

17               Seeing no other Senator wishing to 

18  be heard, the debate is closed.  The Secretary 

19  will ring the bell and ask the members to come to 

20  the chamber.

21               Read the last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect on the 30th day.

24               ACTING PRESIDENT ROBACH:   Call the 

25  roll.

                                                               4382

 1               (The Secretary called the roll.)

 2               ACTING PRESIDENT ROBACH:   Announce 

 3  the results.

 4               THE SECRETARY:   In relation to 

 5  Calendar Number 1275, those recorded in the 

 6  negative are Senators Addabbo, Avella, Ball, 

 7  Breslin, DeFrancisco, Dilan, Duane, Gianaris, 

 8  Hassell-Thompson, Krueger, LaValle, Marcellino, 

 9  Oppenheimer, Parker, Peralta, Rivera, Sampson, 

10  Serrano, Squadron, Stavisky and Stewart-Cousins.  

11               Ayes, 35.  Nays, 21.

12               ACTING PRESIDENT ROBACH:   The bill 

13  is passed.

14               THE SECRETARY:   Calendar Number 

15  1276, by Senator DeFrancisco, Senate Print 4749, 

16  an act to amend the Social Services Law.  

17               ACTING PRESIDENT ROBACH:   Senator 

18  Krueger.

19               SENATOR KRUEGER:   Thank you.  To 

20  speak on the bill, Mr. President.

21               ACTING PRESIDENT ROBACH:   On the 

22  bill.

23               SENATOR KRUEGER:   Thank you.  In a 

24  previous year I had the honor of debating the 

25  sponsor, John DeFrancisco, so this year I thought 

                                                               4383

 1  I would just highlight my points.  

 2               First, when you're on Medicaid or 

 3  Child Health Plus, Family Health Plus, you by 

 4  definition fall into categories of being some of 

 5  the poorest people in the State of New York.  You 

 6  might not only be poor, but also quite likely be 

 7  elderly and/or disabled or suffer from a chronic 

 8  illness, because in fact poverty and extremely 

 9  bad health correlate.  

10               And because, just as an example, 

11  you have 800,000 people who are called 

12  dual-eligible, Medicare -- i.e., elderly or 

13  disabled -- and Medicaid for filling of their 

14  prescription drugs, among other things, you have 

15  800,000 people right away who are elderly and 

16  disabled and extremely poor.  And the vast 

17  majority of the rest of the people on Medicaid 

18  are actually children and single mothers.  So I 

19  start with that presumption.

20               If you go to your doctor and you 

21  get a prescription filled, very often it is more 

22  than one prescription at once.  It can be, for 

23  elderly and disabled and chronically ill people, 

24  as many as six prescriptions at once.  You need 

25  to go and get them filled, that is the medical 

                                                               4384

 1  advice to you.  But if you were required to pay a 

 2  copay, you may find yourself unable to fill the 

 3  prescriptions.  

 4               In New York City, where low-income 

 5  people spend a disproportionate amount of their 

 6  total income on rent and utilities -- in fact, a 

 7  much higher share of their income than upstate 

 8  New York, which may explain some of the variables 

 9  in being able to pay copays.  So you're using 

10  your disposable income for rent and utilities, 

11  and now you find yourself with prescriptions that 

12  you may not even be able to pay for with the 

13  require copay.  You are literally being forced to 

14  decide between paying your rent, filling your 

15  prescriptions, or feeding yourself and your 

16  children.  

17               That is a reality that we see all 

18  the time in the State of New York among the very 

19  poor.  We see these people turning to emergency 

20  food pantries and soup kitchens to help them with 

21  food, we see them in housing courts facing 

22  evictions because they can't afford to pay their 

23  rent, we see them with utility shut-offs because 

24  they can't pay their utilities, and we see them 

25  disproportionately more ill than non-poor people.

                                                               4385

 1               With this law, they would then have 

 2  to make a copayment in order to get their 

 3  prescription filled.  If they could not pay that 

 4  copay, it would mean they couldn't get their 

 5  prescription filled, making it much more likely, 

 6  rather than getting better, they or their family 

 7  members would get sicker, they and their family 

 8  members might need more emergency healthcare 

 9  because they couldn't afford to get the drugs 

10  that might prevent them from getting sicker, they 

11  or their family members might end up more 

12  frequently in emergency rooms in literal medical 

13  emergencies because they couldn't get the drugs 

14  they need to do take care of themselves and get 

15  better.

16               Given how much the State of 

17  New York pays for state-funded insurance -- and 

18  we can all agree it's a huge amount of money, and 

19  we can all agree or disagree that great progress 

20  is being made through the Medicaid Redesign Team 

21  and through federal waivers and through other 

22  modernizations that are taking place right now, 

23  that we are doing a better job at reining in the 

24  costs of healthcare.  But I actually don't know 

25  too many people who think preventing people from 

                                                               4386

 1  filling their prescriptions because they're too 

 2  poor to pay copayments is a good model in 

 3  healthcare, nor that it will actually save the 

 4  State of New York any significant money versus 

 5  increasing emergency needs among our poorest 

 6  recipients.

 7               And so, again, I ask my colleagues, 

 8  please don't pass this law.

 9               Now, I think the good news is it's 

10  not very likely to be a two-house bill passed in 

11  the Assembly as well.  But again, I hope that all 

12  of my colleagues will think through the 

13  difference for perhaps all of us who work here in 

14  the Senate of what $5 or $10 or $15 in copayments 

15  might mean to us versus the poorest in New York, 

16  who we know don't have enough money for food, 

17  rent, utilities, and their ongoing healthcare 

18  needs.  

19               This is a bad public policy 

20  decision and, I would even argue, a foolish 

21  assumption that it will somehow save us money.  

22  It won't save us money.  It will increase pain 

23  and suffering and healthcare costs for those who 

24  can least afford it.  I urge all of my 

25  colleagues, both sides of the aisle, to vote no.  

                                                               4387

 1               Thank you.  

 2               ACTING PRESIDENT ROBACH:   Thank 

 3  you, Senator Krueger.

 4               Senator Diaz.

 5               SENATOR DIAZ:   Thank you, 

 6  Mr. President.  Will the sponsor yield for a 

 7  question or two?

 8               ACTING PRESIDENT ROBACH:   Senator 

 9  DeFrancisco, will you yield?  

10               SENATOR DeFRANCISCO:   Yes, I will.

11               ACTING PRESIDENT ROBACH:    

12  Continue, Senator Diaz.

13               SENATOR DIAZ:   Senator 

14  DeFrancisco, I always admire you.

15               SENATOR DeFRANCISCO:   Thank you.  

16  I know you do.

17               (Laughter.)

18               SENATOR DeFRANCISCO:   And I admire 

19  you as well.

20               SENATOR DIAZ:   But I have to ask 

21  you a very touchy question.  This legislation 

22  that you are proposing is geared to the poor 

23  people.  As a matter of fact, the poorest of the 

24  poor in the State of New York.  You are forcing 

25  them to pay the copayment when they purchase 

                                                               4388

 1  their prescription drugs, and if they don't have 

 2  the copayment, they will not get the medication.  

 3               My question to you is, do you hate 

 4  poor people?  

 5               SENATOR DeFRANCISCO:   No, Senator 

 6  Diaz, I don't hate poor people.  I don't hate 

 7  anyone, I don't think.  That I know of at the 

 8  moment.  Maybe I'll think of somebody by the end 

 9  of the debate.

10               (Laughter.)

11               SENATOR DeFRANCISCO:   But the fact 

12  of the matter is, is this is the situation.  

13  There are rules and regulations for getting 

14  prescription drugs.  And this great state 

15  provides all the prescription drugs for people on 

16  Healthcare Plus -- on Family Health Plus, and 

17  they don't have to pay anything except, for 

18  generic drugs, $1 per prescription and $3 for 

19  brand-name drugs.

20               Now, there are people who actually 

21  provide the benefits so that the poor people can 

22  get 99.9 percent of their prescription paid for.  

23  But, and according to the law, they're supposed 

24  to be paying the copay.  That's not my rule.  

25  They're supposed to be paying the copay.  

                                                               4389

 1               But what's happened over time is 

 2  that pharmacists have not been collecting the 

 3  copay because the State of New York will not 

 4  enforce the rules that require them to pay the 

 5  copay.

 6               Now, let me tell you about the 

 7  poorest of the poor.  I happen to take 

 8  prescription drugs.  It's probably hard to 

 9  imagine, with the specimen I am, that I need some 

10  prescription drugs, but I do.  And on one 

11  occasion, it was the dead of winter.  And I got 

12  out of my car and froze from getting my car into 

13  the pharmacy, and I walk in, and I'm waiting my 

14  turn faithfully.  And in the drive-in section of 

15  that particular pharmacy was an SUV bigger than 

16  any car I've owned.  And this is how I became 

17  aware of it.  

18               And while I'm waiting there, this 

19  individual is getting her prescription drugs.  

20  And what she's doing is burning gas, keeping nice 

21  and warm, while I was chilled from my walk.  

22  Staying nice and warm in her car, burning at 

23  least $3 to $5 worth of gas.  And the pharmacist 

24  said, Your copay is $4, or $6 -- I forgot the 

25  number.  She says, "I can't pay that."  Or said 

                                                               4390

 1  something, I didn't hear what she said.  

 2               The pharmacist came back without 

 3  getting money.  I said, "What was that all 

 4  about?"  "Well, it's the government program.  She 

 5  said she couldn't pay.  So I can't collect it, 

 6  because New York State will not enforce it."  

 7               Now, that's wrong.  That's wrong.  

 8  That's not the poorest of the poor, that's 

 9  somebody that can pay the copay and should follow 

10  the rules.  I'm not making the rules.  The state 

11  should enforce what the rules are.  And that's 

12  what it's for.  

13               So this cost $37 million last 

14  year.  Listen to this.  I love this.  Statewide, 

15  50 percent of the people refuse to pay their 

16  copay, 50 percent overall.  And guess what?  Of 

17  the City of New York, 90 percent of the people 

18  down there refuse to pay their copay.

19               So there's poor people up in 

20  Syracuse too.  There's poor people in Rochester.  

21  So the people in Syracuse mostly pay the copay.  

22  I just happened to catch one that didn't.

23               So this is a matter of equity, 

24  regional equity.  It's a matter of enforcing the 

25  rules that are in place so that we will have 

                                                               4391

 1  funding for those people that really need 

 2  99.9 percent of their drugs to be paid and that's 

 3  not being diluted because some people don't pay 

 4  their copay.  

 5               SENATOR DIAZ:   Mr. President, 

 6  would the sponsor still yield for more 

 7  questions?  

 8               ACTING PRESIDENT ROBACH:   Senator 

 9  DeFrancisco, will you continue to yield?  

10               SENATOR DeFRANCISCO:   Yes.  

11               SENATOR DIAZ:   Two things you 

12  said, Senator DeFrancisco, that shocked me.  One 

13  is that you tried to compare yourself, saying 

14  that you use prescription drugs.  

15               But, you know, you make $79,000 for 

16  a part-time job here, plus you are also a lawyer, 

17  making more money.  So you could have the luxury 

18  of paying whatever money you have to pay for 

19  prescription drugs, whatever.  You shouldn't even 

20  have prescription drugs.  You should -- you 

21  should -- you should help some people pay out of 

22  your money.  

23               And then the other thing you're 

24  saying is that the City of New York, the poor in 

25  the City of New York don't pay.  So then you 

                                                               4392

 1  don't hate the poor upstate, you just hate the 

 2  poor in the City of New York.

 3               ACTING PRESIDENT ROBACH:   Senator 

 4  Diaz, do you have a question or are you on the 

 5  bill?  

 6               SENATOR DIAZ:   Yeah, I have a 

 7  question.

 8               ACTING PRESIDENT ROBACH:   What is 

 9  your question?

10               SENATOR DIAZ:   Does Senator 

11  DeFrancisco just hate the poor of the City of 

12  New York and not the poor of upstate?  That's my 

13  question.  

14               Because it seems to me, it seems to 

15  me that this piece of legislation, to come to -- 

16  to present something like this on this Senate 

17  floor when we are here and when we go 

18  campaigning, I'm pretty sure that Senator 

19  DeFrancisco, when he's campaigning, he goes out 

20  there promising the poor that he will take care 

21  of them and will help them.  And to come here and 

22  present a piece of legislation like this, it 

23  seems to me that he has something against the 

24  poor.  He hates the poor, I think.  

25               And I used to admire him.  But, 

                                                               4393

 1  Senator DeFrancisco, you know, you are losing it.

 2               SENATOR DeFRANCISCO:   What's the 

 3  question?  

 4               ACTING PRESIDENT ROBACH:   Yes, 

 5  Senator Diaz, if you'd come through the chair.  

 6               SENATOR DIAZ:   I don't want to --

 7               SENATOR DeFRANCISCO:   Well, I'd 

 8  like to respond to that non-question.  

 9               First of all, I wasn't comparing 

10  myself, with my income, with somebody who's on  

11  Family Health Plus.  I wasn't comparing that.  I 

12  was comparing my circumstances of I got out of my 

13  car and went in to get my prescription.  I'm 

14  pointing out that this individual could have done 

15  the same, and I wouldn't even have noticed the 

16  situation.  

17               The point is this person chose to 

18  sit in her car, keep the motor running at 

19  whatever cost it was while she was waiting her 

20  turn, and then say she doesn't have five bucks 

21  for the copay.  That was my point.  

22               I have the floor, Senator.  I 

23  wasn't comparing my income or her income or my 

24  circumstances to her circumstances.  I'm 

25  suggesting that the individual certainly had 

                                                               4394

 1  enough money to pay for gas.  She could have paid 

 2  according to the rules and paid the copay rather 

 3  than depleting the monies that are used in order 

 4  to provide these prescription drugs for those who 

 5  are entitled to them.

 6               Second, as far as I hate the poor 

 7  in New York City, I don't hate the poor in 

 8  Syracuse, I have no clue what that means.  

 9               What I was suggesting by the 

10  difference is that in addition to everyone having 

11  to pay the copay, regionally upstate New York is 

12  paying more of the lack of people paying their 

13  copay, because only 10 percent follow the rules 

14  in the City of New York.  And obviously a lot 

15  more do, if the overall average is 50 percent, 

16  pay according to what they're -- as opposed to 

17  upstate.  

18               So it had nothing to do with 

19  comparing poor from one region to the other, it 

20  had to do in addition to us not following the 

21  rules and getting the copays that are required, 

22  that some regions of the state are abusing this 

23  more than other regions, which puts more of the 

24  cost on the other regions of the State of 

25  New York.

                                                               4395

 1               So I stand by this bill.  It's a 

 2  good bill.  We have people that are paying for 

 3  this program, people that need it.  We shouldn't 

 4  allow others to abuse it and not have the funds 

 5  we need for those who need the drugs.

 6               Thank you, Mr. President.

 7               ACTING PRESIDENT ROBACH:   Seeing 

 8  no other Senator wishing to be heard --

 9               SENATOR DeFRANCISCO:   And I still 

10  don't hate anyone.

11               (Laughter.)

12               ACTING PRESIDENT ROBACH:   -- the 

13  debate is closed.

14               The Secretary will ring the bells.  

15  I ask the members to please come to the chamber 

16  so we can have a prompt vote on this bill on the 

17  controversial calendar.  Prompt. 

18               Read the last section.

19               THE SECRETARY:   Section 3.  This 

20  act shall take effect on the 180th day.

21               ACTING PRESIDENT ROBACH:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               ACTING PRESIDENT ROBACH:   Senator 

25  Duane to explain his vote.

                                                               4396

 1               SENATOR DUANE:   Yes, I'm voting 

 2  no.  But I also think that the Senator should 

 3  turn in the pharmacist that conveyed information 

 4  that's covered by HIPAA regarding the person who 

 5  was picking up the prescription in front of him.  

 6  So I hope that that happens.  

 7               I'll be voting no, Mr. President.  

 8  Thank you.

 9               ACTING PRESIDENT ROBACH:   Senator 

10  Duane will be recorded in the negative.

11               Announce the results.

12               THE SECRETARY:   In relation to 

13  Calendar 1276, those recorded in the negative are 

14  Senators Avella, Breslin, Diaz, Duane, Gianaris, 

15  Hassell-Thompson, Kennedy, Krueger, Montgomery, 

16  Oppenheimer, Parker, Peralta, Rivera, Sampson, 

17  Serrano, Smith, Squadron, Stavisky, 

18  Stewart-Cousins and Storobin.

19               Ayes, 36.  Nays, 20.

20               ACTING PRESIDENT ROBACH:   The bill 

21  is passed.

22               Senator Libous.

23               SENATOR LIBOUS:   Mr. President, 

24  could we at this time take up Calendar Number 

25  1301 by Senator Saland, please.  The 

                                                               4397

 1  controversial reading.

 2               ACTING PRESIDENT ROBACH:   The 

 3  Secretary will read Calendar Number 1301.

 4               THE SECRETARY:   Calendar Number 

 5  1301, by Senator Saland, Senate Print 7740, an 

 6  act to amend the Education Law.

 7               ACTING PRESIDENT ROBACH:   Senator 

 8  Saland.

 9               SENATOR SALAND:   Thank you, 

10  Mr. President.

11               Mr. President, this bill has been 

12  commonly referred to over the course of the past 

13  week or so as the cyberbullying bill.  And yes, 

14  it is a cyberbullying bill, but it does more than 

15  that.  

16               What this bill does is, within the 

17  framework of what had been the Dignity for All 

18  Students Act, it expands upon that framework so 

19  that any and all students who are bullied, 

20  regardless of the specific classes identified 

21  within Dignity for All Students, they will now be 

22  afforded the same protections, and more so, than 

23  were provided under that bill, because the "more 

24  so" includes cyberbullying.  

25               And cyberbullying basically 

                                                               4398

 1  means electronic means or electronic 

 2  communications.  The simple fact of the matter is 

 3  the state of the art is such that one never knows 

 4  what will constitute electronic means or 

 5  electronic communications with the state of the 

 6  art constantly evolving.  

 7               What we do know is that bullying by 

 8  any stretch of the imagination transcends 

 9  whatever may be the immediacy of the event.  So 

10  that if somebody is physically bullied, if 

11  somebody is bullied electronically, not only do 

12  they endure the pain, the trauma of that 

13  particular moment, but they live it and relive it 

14  and continuously can relive it in the instance of 

15  the 24/7 repetitive, never-ending use of 

16  electronic means to torment, to taunt, regardless 

17  of what the reason may be.  

18               And it may well have to do with 

19  somebody's sexual orientation, it may well have 

20  to do with their race, it may well have to do 

21  with their religion.  But it can be something as 

22  tragically foolish as the way somebody dresses or 

23  the perception that somebody, somehow or other, 

24  has intervened in a relationship between two 

25  other people.  Or the fact that perhaps they 

                                                               4399

 1  dress differently.  The possibilities are just 

 2  infinite for the reasons for which somebody gets 

 3  bullied.  

 4               And what this does is not only does 

 5  it recognize this variety, but it says and very 

 6  importantly says that if that bullying finds its 

 7  way to school to the schoolroom, to the 

 8  classroom, and if in fact that bullying 

 9  reasonably causes or would reasonably be expected 

10  to cause emotional harm or physical injury or if 

11  it occurs off school property and creates a 

12  foreseeable risk of substantial disruption within 

13  the school environment, that rises to the level 

14  of bullying, harassment, or intimidation.  

15               Now, in addition, there is not only 

16  a duty to report these incidents and report them 

17  within no more than two days, but if it rises to 

18  the level of criminal conduct, there is a duty to 

19  promptly report to local law enforcement.  And 

20  there are a multitude of instances under the 

21  existing law where that could rise to criminal 

22  activity.  

23               So, for example, under 240.30 of 

24  the Penal Law, aggravated harassment would be 

25  applicable where somebody used electronic means 

                                                               4400

 1  intended to threaten, harass or annoy.  And if 

 2  there was some attempt to do so, there was an 

 3  attempt to engage in physical conduct -- not 

 4  necessarily engage in the physical conduct but 

 5  merely attempt to engage in that conduct, and 

 6  were someone to do that twice within 10 years, 

 7  that would be elevated from an A misdemeanor to 

 8  an E felony.  

 9               If it amounted to something in the 

10  nature of a hate crime, there would be another 

11  bump-up in terms of the degree of the crime.  

12               And obviously, if it's the old, 

13  quote, unquote, schoolyard-bully type of event 

14  where somebody physically abuses, beats up on 

15  somebody, there's a host of criminal charges, 

16  starting with assault and working its way up -- 

17  misdemeanors, felonies.  

18               So there are certainly applications 

19  of the criminal law that could arise from such 

20  conduct, and they are buttressed by the duty to 

21  promptly report to law enforcement.  This will go 

22  a long way, a very long way.  

23               Can I say that this is somehow or 

24  other going to miraculously bring an end to 

25  bullying?  We've probably had bullying since 

                                                               4401

 1  shortly after creation.  And I'm sure bullying is 

 2  not going to end with the enactment of this 

 3  legislation.  But it will mitigate, it will 

 4  provide a template within which to deal with that 

 5  bullying, it will provide the means for schools 

 6  to intervene.  It will provide a progressive 

 7  model by which to use either intervention, 

 8  education, or discipline, in addition to those 

 9  instances where it rises to the level of a crime 

10  and the existing law would cover it.  

11               So I would encourage all of my 

12  colleagues to support this bill.  It's a bill 

13  that's been a long time in the making.  It's a 

14  bill that we in New York could be very proud of.  

15               And I'd be terribly remiss if I did 

16  not acknowledge the collaboration of many.  The 

17  Governor certainly was involved with these 

18  negotiations.  Assemblyman O'Donnell was involved 

19  with these negotiations.  Our senior staff was 

20  involved, working closely with me during the 

21  course of these negotiations.  I say thanks to 

22  all of them and thank them for their 

23  contributions.  

24               Thank you, Mr. President.  

25               ACTING PRESIDENT ROBACH:   Thank 

                                                               4402

 1  you, Senator Saland.

 2               Senator Klein.

 3               SENATOR KLEIN:   On the bill, 

 4  Mr. President.

 5               ACTING PRESIDENT ROBACH:   On the 

 6  bill.

 7               SENATOR KLEIN:   I want to thank 

 8  Senator Saland for his hard work on this issue 

 9  and thank the Governor for putting together a 

10  package of legislation on cyberbullying which I 

11  think is a very important step in fighting 

12  cyberbullying in our society.  

13               Probably just after the death of 

14  Jamey Rodemeyer, a 14-year-old from Williamsville 

15  who lived in Senator Ranzenhofer's district, is 

16  when I first got involved in this issue.  I was 

17  stunned that young people would be able to 

18  torment one another to drive a young man to 

19  commit suicide.

20               I then started speaking about this 

21  issue in my schools, trying to get some input, 

22  you know, from the students in my Senate 

23  district.  And I found very, very quickly that 

24  this was a problem that we were not equipped to 

25  handle.  I realize that this was a problem that 

                                                               4403

 1  someone of my age just didn't understand.

 2               So I decided to do something about 

 3  it, talked to more and more students tried to get 

 4  their input on what we need to do to help.  And 

 5  what I quickly learned was that we've come a long 

 6  way from the schoolyard bully of yesteryear, 

 7  because that schoolyard bully is now the 

 8  cyberbully of the digital age.  And a cyberbully 

 9  is a lot more lethal, because what you have is 

10  hordes of invisible bullies going online, using 

11  their cellphone, really torturing and tormenting 

12  one another.

13               I've been working with several 

14  young people who are success stories.  They were 

15  victims of cyberbullying.  And instead of doing 

16  what some of the students did -- take their own 

17  lives, miss days from school, don't sleep, don't 

18  eat, watch their grades fall -- they took it upon 

19  themselves to communicate with each other.  

20               But I found still it really wasn't 

21  enough, we still needed to do more.  And I 

22  decided to kick off, about six months ago, the 

23  first-ever New York cyberbullying census.  What 

24  we did was we attempted to reach students all 

25  over the State of New York, with the help of many 

                                                               4404

 1  of my colleagues, with the help of young people 

 2  all over the state.  

 3               And I'm proud to report that last 

 4  week we released the results of our census where 

 5  we were able to reach 10,000 young people, 

 6  10,000 young people around the state, in 

 7  45 counties around the State of New York, making 

 8  it the most comprehensive survey ever done.  A 

 9  lot of the national surveys only use a sample of 

10  about 1500.  This was 10,000 in our state.

11               And they spoke to us loud and 

12  clear. Eighty percent of those surveyed -- and 

13  most of these surveys came from students in 

14  middle school -- said that they were victimized 

15  or knew someone who was victimized as far as 

16  cyberbullying is concerned.  

17               A very interesting statistic was 

18  that 70 percent of young people surveyed said 

19  they believed that cyberbullying should be a 

20  crime.  Which instantly leads me to believe that 

21  they know it's not and that's why they're not 

22  afraid to do it.

23               Sixty-three percent said we need 

24  more education in our schools.  Which I think the 

25  bill before us today, Senator Saland's bill, I 

                                                               4405

 1  think very ably accomplishes.

 2               But I think what we're doing here 

 3  today I think is a very, very important first 

 4  step.  Because I think, as I said a little bit 

 5  earlier, when I was growing up I was taught that 

 6  sticks and stones may break your bones but words 

 7  can never harm you.  I think what we're seeing 

 8  now, though, is completely different because 

 9  we're seeing each and every day, unfortunately, 

10  that words can kill.  And I think we have to take 

11  it a lot more seriously.

12               So while I think this is an 

13  important first step, sort of the first stage of 

14  a two-stage rocket, an important educational 

15  component, I think we need to do more.  And I 

16  hope we can because this legislation, while it's 

17  an amendment to the Dignity for All Students Act, 

18  doesn't take effect until July 2013.  So I think 

19  it gives us still another year till we can 

20  actually get a criminal statute on the books 

21  which makes cyberbullying a crime.

22               I heard a lot and I kind of 

23  disagree somewhat with what Senator Saland said.  

24  Yeah, we do have a law on the books that 

25  criminalizes stalking.  It's a Class A 

                                                               4406

 1  misdemeanor.  We do have a law on the books which 

 2  criminalizes aggravated harassment.  But you know 

 3  something, my conversations with DAs around the 

 4  state, my conversations with law enforcement, 

 5  they say they can't prosecute these cases because 

 6  the element of cyberbullying is missing.

 7               So I'm glad that we are actually 

 8  defining what cyberbullying is; that's 

 9  important.  But I think we're not reinventing the 

10  wheel by punishing young people who commit these 

11  crimes.  Remember something, we're not punishing 

12  the age group or the person, we're making the act 

13  illegal.  

14               And I think each and every day I 

15  think all of us know, as far as criminal justice 

16  is concerned, when a minor, when a juvenile 

17  commits a crime that rises to the level of what 

18  an adult would commit, we prosecute them.  That's 

19  the same case here.  

20               So again, of those who keep saying, 

21  Well, you know, it's a 14-year-old, it's a 

22  15-year-old -- well, that's nonsense.  Because I 

23  think we all know when someone who happens to be 

24  a minor commits a heinous act, commits a crime, 

25  causes someone else to take -- causes someone to 

                                                               4407

 1  take their own lives, we punish them.  That's the 

 2  way it's done.

 3               And my conversations with district 

 4  attorneys bear that out.  And I think we really 

 5  have to, I think, move away from the act of 

 6  saying, Well, you know, these are kids being 

 7  kids.  Well, I don't think that's the case.  And 

 8  I think we have to take it a lot more seriously.  

 9               And it's interesting because in 

10  this piece of legislation that we're about to 

11  pass today it actually states that we're 

12  requiring schools to notify local law 

13  enforcement.  Well, when we notify local law 

14  enforcement, I can't even begin to imagine what 

15  they're going to do because they don't have a law 

16  on the books to prosecute these cases.  

17               So I think we're a long way off.  

18  But I do commend, again, the Governor, Senator 

19  Saland.  Because I think I've said it, and I've 

20  said it many times, that we do need a 

21  comprehensive approach, we do need education, 

22  which is accomplished in this bill, but we also 

23  have to treat this as a crime.

24               Again, I think through our 

25  cyberbullying census the young people of our 

                                                               4408

 1  State of New York were heard loud and clear.  Now 

 2  I think it's up to us to listen to their honesty 

 3  and listen to their wisdom and eventually make 

 4  cyberbullying a crime in New York State.

 5               I vote yes, Mr. President.

 6               ACTING PRESIDENT ROBACH:   Thank 

 7  you, Senator Klein.

 8               Senator Ranzenhofer.

 9               SENATOR RANZENHOFER:   Thank you, 

10  Mr. President.

11               Just a couple of comments.  First 

12  of all, I'd like to thank Senator Saland for his 

13  leadership, and Senator Klein, who's also been 

14  very involved in the issue of cyberbullying.  

15               The issue of cyberbullying was 

16  first brought to my attention when I first became 

17  a Senator.  And some school districts in my 

18  district are actually very active in programs 

19  within the school, pointing out to their students 

20  and heightening awareness of this particular 

21  program.  They have assemblies, they do posters, 

22  and they really try to bring this problem to the 

23  forefront so they can address this in a very open 

24  and very up-front way.

25               However, one of the things I also 

                                                               4409

 1  noticed is that the problem continues, 

 2  notwithstanding the fact that some school 

 3  districts were already doing a pretty good job.  

 4  And that was highlighted in my own school 

 5  district where my own children went to high 

 6  school, where last year a young boy by the name 

 7  of Jamey Rodemeyer committed suicide.  And that 

 8  was just about a year ago.

 9               And ever since that time, one of 

10  the things that I've learned is you need to be 

11  able to recognize the problem.  I think that this 

12  legislation for the very first time finally 

13  defines cyberbullying so you actually have a 

14  definition in statute.

15               The next part of the problem is 

16  right now in the statute, in the aggravated 

17  harassment statute is you actually have language 

18  dealing with mechanical means and electronic 

19  means.  But one of the things that happens, as 

20  Senator Klein pointed out, is that the 

21  students -- and the students, I think, are the 

22  ones that know best -- they really know that if 

23  they do this, they can't be prosecuted.  

24               One of the things that happened in 

25  my own school district when the police conducted 

                                                               4410

 1  an investigation and the DAs conducted an 

 2  investigation, they could not doing anything 

 3  because the Laws on the books were not adequate.

 4               So I think that this is a very good 

 5  first step.  I commend the Governor for finally 

 6  bringing the parties together and being able to 

 7  define cyberbullying, being able to be more 

 8  specific, enhance the educational component.  

 9               But I do think that we need to get 

10  to the second step.  I do think that we do need 

11  to define it as a crime in New York State.  

12  Because I think the kids are trying to give us a 

13  message.  They've trying to tell us that they 

14  think that it's a crime.  They think that it's a 

15  wrong, but they also know -- and they're very 

16  savvy, they communicate with each other -- that 

17  they know that they will not be prosecuted for 

18  these type of crimes.  

19               So again, I just to sum up by 

20  saying thank you, Senator Saland, Senator Skelos, 

21  for bringing this to the floor today, Senator 

22  Klein for the work that you've done.  Again, I 

23  think this is a very, very good first step.  But 

24  I think the kids are actually our teachers, and 

25  they're saying to us we now need to take it to 

                                                               4411

 1  the second level, we need to take it to the 

 2  second step.  

 3               So I'll be voting yes on this 

 4  legislation.  Thank you, Mr. President.

 5               ACTING PRESIDENT ROBACH:   Thank 

 6  you, Senator Ranzenhofer.

 7               Senator Duane.

 8               SENATOR DUANE:   Thank you, 

 9  Mr. President.  

10               I actually am very happy and I want 

11  to make clear that there are no additional 

12  criminal sanctions in this bill, that this 

13  legislation is about education and deterrence.  

14  It's actually built upon my Dignity for All 

15  Students Act legislation, which I introduced in 

16  1999 with then-Assembly Education chair Steve 

17  Sanders, and we had two hearings on the 

18  legislation.  

19               And it's being implemented this 

20  year, that bill.  And as I say, it protects those 

21  who may be most at risk in school.  It even 

22  includes people of transgender experience, 

23  students of transgender experience, and 

24  regardless of what their physical appearance may 

25  be.  This deters students from being bullied in 

                                                               4412

 1  person or on the Internet.  

 2               And, you know, I tell you, 

 3  introducing it in 1999 and passing Dignity in 

 4  2010 with bipartisan support -- I think there 

 5  were only a couple of then-Minority members who 

 6  voted against it -- and then to build on this 

 7  with the issue of cyberbullying I think is really 

 8  terrific.

 9               So I'm proud to really honestly to 

10  put that foundation down, and it's something we 

11  can build on and our schools will be safer places 

12  for the entire school family.  So I will, when we 

13  get to the vote, be voting proudly in the 

14  affirmative.

15               Thank you, Mr. President.  

16               ACTING PRESIDENT GRIFFO:   Thank 

17  you, Senator Duane.

18               Is there any other Senator wishing 

19  to be heard?

20               Seeing and hearing no other Senator 

21  wishing to be heard, debate is closed.  The 

22  Secretary will ring the bell.  

23               Read the last section.

24               THE SECRETARY:   Section 9.  This 

25  act shall take effect July 1, 2013.

                                                               4413

 1               ACTING PRESIDENT GRIFFO:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Hannon to explain his vote.

 6               SENATOR HANNON:   Thank you, 

 7  Mr. President.

 8               I rise to support this 

 9  legislation.  These little devices {indicating 

10  smartphone} which give us so much opportunity to 

11  gain knowledge are also a big challenge when it 

12  comes to crafting statutes, and therefore I 

13  congratulate Senator Saland for coming up with 

14  this statute.  And I also congratulate all the 

15  other Senators who have worked and had individual 

16  pieces of legislation on this.

17               The very fact it's a challenge 

18  because of the technology means that it's 

19  especially a dangerous instrument when it comes 

20  to bullying.  It's something that can reach into 

21  the child's life who is being bullied, it can 

22  reach into their dinner table, it can really 

23  harass them.  And that's why we need to continue 

24  to look at what can be done in this regard and 

25  what we can do to balance society and to make 

                                                               4414

 1  sure that we have -- and we haven't found it 

 2  yet -- an effective deterrent from having it 

 3  happen.  

 4               The statute goes a long way in 

 5  coming up with the elements that are needed, and 

 6  I congratulate Senator Saland again.  

 7               Thank you.

 8               ACTING PRESIDENT GRIFFO:   Senator 

 9  Hannon to be recorded in the affirmative.

10               Senator Oppenheimer to explain her 

11  vote.

12               SENATOR OPPENHEIMER:   Thank you, 

13  Mr. President, to explain my vote.

14               Actually I just want to point to a 

15  concern that has been raised by the school boards 

16  in our state.  And they think that there may be 

17  some unintended consequences that we have not 

18  really given enough thought to around the legal 

19  issue and the liability of some of our school 

20  districts -- of all of our school districts and 

21  the question how the districts are expected to 

22  investigate the electronic bullying.  

23               And they ask the questions, Are 

24  they to "friend" students?  School administrators 

25  and teachers are highly discouraged from engaging 

                                                               4415

 1  in communication with students via social media 

 2  websites.  Will they be expected to obtain 

 3  subpoenas to view password-protected material?  

 4  Districts may not even be able to gain access to 

 5  student's social media accounts to investigate.  

 6               And therefore, they're concerned 

 7  where we say that they should be conducting a 

 8  prompt and a thorough investigation.  So that's 

 9  one concern they have.  

10               There are several concerns.  For 

11  example, the bill requires school employees who 

12  have witnessed bullying to orally report the 

13  incident within one day and file a written report 

14  within two.  Their concern is that bullying 

15  behavior is not immediately so easily to 

16  discern.  And it is conceivable that an employee 

17  could reasonably fail to recognize the bullying 

18  behavior.  

19               And I think what this points to is 

20  that we have to assist them, our various school 

21  districts, in the implementation of this.  We 

22  have to --

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Oppenheimer --

25               SENATOR OPPENHEIMER:   We have 

                                                               4416

 1  provided no money, so I think at least we should 

 2  try and do something, our Department of Education 

 3  should try and offer some support.

 4               ACTING PRESIDENT GRIFFO:   -- how 

 5  do you vote?  

 6               SENATOR OPPENHEIMER:   But I'm very 

 7  strongly in favor of the bill.  I vote yes.

 8               ACTING PRESIDENT GRIFFO:   Senator 

 9  Oppenheimer to be recorded in the affirmative.

10               Senator DeFrancisco to explain his 

11  vote.

12               SENATOR DeFRANCISCO:   Yes, I 

13  concur with all of the statements about 

14  cyberbullying, and I am going to vote yes on this 

15  bill.  But I think there's another aspect that 

16  Senator Saland had mentioned earlier that I think 

17  is equally important.  

18               And Senator Duane also mentioned 

19  his Dignity for All Students Act.  I remember 

20  when that bill was debated, I spoke against that 

21  bill because it only applied to a certain list of 

22  people as to who was going to be protected from 

23  harassment by other students.  And I think I 

24  specifically said, Well, what about -- and I 

25  don't know why I thought of this -- what about 

                                                               4417

 1  protecting short people or some other people that 

 2  might be bullied?  And as was said earlier today 

 3  by somebody, the way you dress or anything else 

 4  that might cause bullying.  

 5               So this corrects, to me, that 

 6  defect in that prior bill, because it applies to 

 7  all students for any reason that they're being 

 8  bullied.  And that's why I support this bill.  

 9               I vote aye.

10               ACTING PRESIDENT GRIFFO:   Senator 

11  DeFrancisco to be recorded in the affirmative.

12               Senator Duane to explain his vote.

13               SENATOR DUANE:   Thank you, 

14  Mr. President.  

15               Those that have read the Dignity 

16  bill will see "including but not limited to" is 

17  in the language.  And so I encourage everyone 

18  that hasn't read it to read it.  And those that 

19  need to refreshes their memories about what the 

20  language of the bill says, to do it.

21               I'll be voting yes.  Thank you, 

22  Mr. President.

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Duane to be recorded in the affirmative.

25               Announce the results.

                                                               4418

 1               THE SECRETARY:   Ayes, 56.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               Senator Libous.

 5               SENATOR LIBOUS:   Thank you, 

 6  Mr. President.  At this time could we go to 

 7  Calendar 1279, by Senator Grisanti, please.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  Secretary will read.

10               THE SECRETARY:   Calendar Number 

11  1279, by Senator Grisanti, Senate Print 6524A, an 

12  act to amend the Tax Law.

13               ACTING PRESIDENT GRIFFO:   Senator 

14  Krueger.

15               SENATOR KRUEGER:   I'm a short 

16  person, but I was standing.  Thank you, 

17  Mr. President, for recognizing me.

18               If the sponsor would please yield.

19               ACTING PRESIDENT GRIFFO:   Senator 

20  Grisanti, do you yield?  

21               SENATOR GRISANTI:   I do, 

22  Mr. President.

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Krueger.

25               SENATOR KRUEGER:   Thank you.

                                                               4419

 1               I don't see a fiscal note about 

 2  what the costs would be to the state with this 

 3  bill, which would be a tax credit, so it would 

 4  have to cost the state something.  May I ask how 

 5  much the fiscal note is on this bill.

 6               SENATOR GRISANTI:   Yes, through 

 7  you, Mr. President.  If this bill were to pass, 

 8  it reverts back to January 1, 2012.  There may 

 9  not be a cost in this year.  Future years, 2013, 

10  2014, would depend on how many individuals took 

11  part in the project's development.  

12               And just to give some background, 

13  basically it's a 20 percent eligible credit, up 

14  to three years, at a max of a million dollars.  

15  So you can kind of do the math and figure out, 

16  you know, if there's 10 structures in, then 

17  you'll pretty much, over three years, pretty much 

18  know exactly how much it's going to cost.  If 

19  there's 20 structures, 30 structures.  

20               I mean, we don't know what the 

21  fiscal determination is going to be.  But because 

22  the project may start in 2012 but not be 

23  completed, the fiscal cost this year will not be 

24  an issue.  But in 2013, 2014, it depends on how 

25  many properties developers want to remediate.

                                                               4420

 1               SENATOR KRUEGER:   Through you, 

 2  Mr. President, if the sponsor would continue to 

 3  yield.

 4               SENATOR GRISANTI:   I will.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  sponsor yields.

 7               SENATOR KRUEGER:   Thank you.

 8               The sponsor just mentioned the 

 9  number of projects developers want to take on.  

10  Is it my understanding that the sponsor thinks 

11  this only applies to developers redoing 

12  buildings, as opposed to homeowners?

13               SENATOR GRISANTI:   Through you, 

14  Mr. President, no.  This applies to both 

15  commercial and residential.  

16               It offers a tax credit to help 

17  defray these costs of cleanup, remediation of 

18  properties over 25 years old to encourage 

19  economic development, as I'm sure Senator Krueger 

20  realizes, remove blight, create jobs in our 

21  cities and across the state.  That's the purpose 

22  of this legislation moving forward.  

23               And going back to your initial 

24  question, I think the results of the program are 

25  going to far outweigh the cost once the program 

                                                               4421

 1  goes through.

 2               SENATOR KRUEGER:   Through you, 

 3  Mr. President, if the sponsor would continue to 

 4  yield.

 5               SENATOR GRISANTI:   I do.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  sponsor yields.

 8               SENATOR KRUEGER:   Thank you.  I 

 9  appreciate that.  

10               See, my dilemma is we shouldn't 

11  actually be passing legislation in this house 

12  that can have a significant fiscal cost without 

13  actually being able to project at least an 

14  approximation of what the annual cost to the 

15  state will be because we in fact then also have 

16  an obligation to find the money in the budget or 

17  in next year's budget to make up for the lost 

18  revenue.

19               So the sponsor answered that it's 

20  up to a million dollars per credit, it can be 

21  over three years.  And he talked about 30, 40 

22  developments.  But in fact the Department of 

23  Labor reports there are 5400 active asbestos 

24  projects throughout the state.

25               So my question to the sponsor is 

                                                               4422

 1  did he imagine that it could be up to 5400 

 2  taxpayers who apply for this abatement that can 

 3  be up to a million dollars each?

 4               SENATOR GRISANTI:   Through you, 

 5  Mr. President, not all of those structures out of 

 6  the 5400 will be qualified for that particular 

 7  project.  Some of those projects are properties 

 8  that are within 25 years, so some of those 

 9  projects would not count.

10               SENATOR KRUEGER:   Through you, 

11  Mr. President, if the sponsor could help me 

12  understand why he thinks all 5400 wouldn't 

13  qualify.  I don't think we've been using asbestos 

14  in projects newer than 25 years.

15               ACTING PRESIDENT GRIFFO:   Senator 

16  Grisanti.

17               SENATOR GRISANTI:   Through you, 

18  Mr. President.  In the bill it talks about 

19  qualified structures shall mean a building 

20  principally used by a taxpayer for residential, 

21  industrial, commercial, recreational or 

22  environmental conservation purposes as prior to 

23  taxable year 25 years in which a credit is 

24  claimed.

25               There's other criteria that can be 

                                                               4423

 1  set up through different departments.  As of 

 2  right now, currently involved agencies must 

 3  determine which agency will take the lead.  Once 

 4  those agencies take the lead, there could be 

 5  further items that have to be met in order to 

 6  qualify.  That's in the bill.

 7               So as I said, it's -- to determine 

 8  with exact precision, it's difficult.  If 

 9  there's, you know, 5400 projects, it's possible 

10  that 5400 projects can start off in a given 

11  year.  We don't know exactly how many projects 

12  are going to be involved in this particular bill.

13               SENATOR KRUEGER:   Through you, 

14  Mr. President, if the sponsor would continue to 

15  yield.

16               SENATOR GRISANTI:   Yes.

17               ACTING PRESIDENT GRIFFO:   The 

18  sponsor yields.

19               SENATOR KRUEGER:   Thank you.  

20               I believe when the sponsor just 

21  read off his list he didn't mention residential.  

22  Did I not hear that?  

23               SENATOR GRISANTI:   No, I did.

24               SENATOR KRUEGER:   He did include 

25  residential, thank you.  So it can be residential 

                                                               4424

 1  as well as commercial.

 2               Through you, Mr. President, if the 

 3  sponsor would continue to yield.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  sponsor yields.

 6               SENATOR KRUEGER:   Thank you.

 7               Now, has anything changed in the 

 8  asbestos remediation rules or regulations that 

 9  would call for a new tax credit this year as 

10  opposed to all the years up until now?  I think 

11  1987 is when the feds put a number of the 

12  requirements for asbestos remediation into 

13  federal law and then we applied it in New York 

14  State law to meet the federal standards.  

15               So we have a system that's been in 

16  place since 1987.  What is different now calling 

17  for the State of New York to need to offer what 

18  can be significantly large tax credits in order 

19  to get this work done?

20               SENATOR GRISANTI:   Through you, 

21  Mr. President, that's a good question.  The 

22  problem that I see in Western New York and what I 

23  hear across the state is that the cost of 

24  asbestos removal, which could be $4 million to 

25  $5 million sometimes per job, is a hurdle to 

                                                               4425

 1  economic development.  And these properties are 

 2  not getting completed in a period of time.  

 3               So either you're trying to rehab a 

 4  property quickly through asbestos abatement or, 

 5  by the time somebody wants to get around to it, 

 6  the property has to be demolished altogether, 

 7  which results in significantly more cost.

 8               So, through you, Mr. President, the 

 9  more properties that we can get rehabbed as fast 

10  as possible, the more properties that we will 

11  have back on our tax rolls, we'll have people at 

12  work, people doing the work, creating jobs.  And 

13  then after the fact, whether it's a commercial 

14  building or other type of structure, residential, 

15  it'll be added to the tax rolls.  If it's a 

16  commercial building, it's going to be done for 

17  business purposes, it's going to be then a 

18  building that's going to be used for job growth.  

19               Which is why I said the results of 

20  the program can far outweigh the cost if it is 

21  done quickly.  If you wait too long, buildings 

22  have to be demolished and then you're sitting 

23  there with a vacant site and then you have to go 

24  probably into a brownfield program.

25               SENATOR KRUEGER:   Through you, 

                                                               4426

 1  Mr. President, if the sponsor would continue to 

 2  yield.

 3               SENATOR GRISANTI:   Yes.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  sponsor yields.

 6               SENATOR KRUEGER:   Thank you.  

 7               How would we, the State of 

 8  New York, make sure that somebody was not double- 

 9  or triple-dipping on various tax abatements or 

10  credits?  So how would we make sure that you 

11  weren't trying to draw down a historic 

12  rehabilitation tax credit at the same time as 

13  this, or a brownfields tax credit at the same 

14  time as this?  Or no doubt there are some other 

15  tax credits that I don't immediately remember.

16               Is there anything in this bill that 

17  prevents the double- or triple-dipping on tax 

18  credits for remediation work?

19               SENATOR GRISANTI:   Through you, 

20  Mr. President, it does say in the bill that it's 

21  for one credit per cost.  

22               And also it states -- through you, 

23  Mr. President -- that the involved agencies have 

24  to determine what agencies are going to take the 

25  lead.  It talks about the Commission of 

                                                               4427

 1  Environmental Conservation designated to be the 

 2  lead agency.  So they would know if somebody is 

 3  going to get a historic preservation, try to take 

 4  a double credit for that or the asbestos credit.

 5               SENATOR KRUEGER:   Through you, 

 6  Mr. President, on the bill.

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Krueger on the bill.

 9               SENATOR KRUEGER:   I appreciate the 

10  sponsor's answers to the questions.  

11               And under the right circumstances, 

12  with the right information and the right purview, 

13  he might convince me that this is a law we should 

14  pass in the State of New York.

15               But not due to his lack of 

16  answering the questions, but due to our lack of 

17  information, we don't know whether or not 5400 

18  projects might be eligible through the Department 

19  of Labor all in one year.  By the way, the costs 

20  could be a break-the-bank situation.  

21               We don't know whether there's a way 

22  to be sure that somebody is not double- or 

23  triple-dipping on tax credits through this 

24  program, even though the sponsor has answered 

25  that the department or departments could make 

                                                               4428

 1  that criteria.  

 2               But I'm very concerned about 

 3  passing a bill that can be fairly open-ended on 

 4  how much it will cost the State of New York when 

 5  we don't know many of the questions that I 

 6  believe need to be answered.  

 7               And while it is true that when you 

 8  pass a law you're never a hundred percent sure 

 9  how many people are going to participate or what 

10  the actual costs will be to the state in any 

11  given year, there is a reason that we are 

12  supposed to get fiscal notes for bills -- from, 

13  in this case, the Tax and Finance Department -- 

14  before we bring them to the floor, so that we can 

15  have the experts in the State of New York in our 

16  Tax and Finance Department do evaluations of the 

17  estimated costs or new costs to the State of 

18  New York.

19               So there might be a logic for this 

20  type of bill at some point in the future.  But I 

21  don't believe we have enough answers to enough of 

22  the important questions about who's going to be 

23  affected, how much it's going to cost, and what 

24  the domino effect with other types of tax credits 

25  could be to the State of New York.  

                                                               4429

 1               So I find myself having to urge a 

 2  no vote on this, and I will be voting no.  Thank 

 3  you, Mr. President.

 4               ACTING PRESIDENT GRIFFO:   Thank 

 5  you, Senator Krueger.

 6               Is there any Senator wishing to be 

 7  heard?  

 8               Seeing none and hearing none, the 

 9  debate is closed and the Secretary will ring the 

10  bell.  

11               Read the last section.

12               THE SECRETARY:   Section 6.  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  Grisanti to explain his vote.

19               SENATOR GRISANTI:   Yes, thank you, 

20  Mr. President.

21               You know, I understand the concerns 

22  of those who are going to vote no on this piece 

23  of legislation.  But what we have to realize is 

24  you have to think of progress and moving 

25  forward.  

                                                               4430

 1               You have structures all across this 

 2  state that have remained stagnant and been a 

 3  blight on your communities, infested with drugs 

 4  and criminal activity.  And by sitting there and 

 5  waiting for these structures that could be been 

 6  rehabbed into commercial buildings that could 

 7  have had jobs, now, five years later, 10 years 

 8  later, they have to be demolished, which causes 

 9  even more problems in your community because then 

10  it's just a vacant field.  

11               So I urge you to vote yes on this 

12  particular bill.  The revenue growth that we have 

13  projected over the last couple of years because 

14  of the continued spending constraints that we 

15  have done for the last two budgets is showing 

16  growth that we have to pay for some of these 

17  programs.  And apparently the program's working 

18  because there are a large number.  But there will 

19  be even more of a large number.  And as I said, 

20  the results of the program will outweigh the 

21  cost.  

22               So rather than having blight on 

23  your communities, let's create jobs by doing the 

24  remediation and let's put people to work in the 

25  buildings before we have to knock them down.

                                                               4431

 1               I vote yes, Mr. President.

 2               ACTING PRESIDENT GRIFFO:   Senator 

 3  Grisanti to be recorded in the affirmative.

 4               Announce the results.

 5               THE SECRETARY:   In relation to 

 6  Calendar 1279, those recorded in the negative are 

 7  Senator Addabbo, Avella, Krueger, Peralta, Rivera 

 8  and Serrano.

 9               Ayes, 50.  Nays, 6.

10               ACTING PRESIDENT GRIFFO:   The bill 

11  is passed.

12               Senator Libous.

13               SENATOR LIBOUS:   Can we go to 

14  1295, by Senator Seward.

15               ACTING PRESIDENT GRIFFO:   The 

16  Secretary will read.

17               THE SECRETARY:   Calendar Number 

18  1295, by Senator Seward, Senate Print 7663, an 

19  act to amend the Tax Law. 

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Krueger, why do you rise?

22               SENATOR KRUEGER:   I'm sort of in 

23  the habit of it now.  I would like to ask the 

24  sponsor of this bill if he would please answer 

25  some questions.

                                                               4432

 1               ACTING PRESIDENT GRIFFO:   Senator 

 2  Seward, do you yield?  

 3               SENATOR SEWARD:   Certainly.

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Seward yields.  

 6               Before we begin, may I ask for some 

 7  ordered in the house, please {gaveling}.

 8               SENATOR KRUEGER:   Thank you.

 9               What the estimated annual cost of 

10  this proposal when it's fully implemented?  

11  Again, I'm assuming not in this fiscal year, but 

12  in a fully annualized fiscal year.

13               SENATOR SEWARD:   Well, Mr.  

14  President and my colleagues, this legislation, 

15  which I consider to be a pro-growth, pro-jobs 

16  piece of legislation that will help us recover in 

17  the terms of the manufacturing sector of our 

18  economy in New York State, the first year -- 

19  which would not kick in until 2013, in our next 

20  budget year -- the first year would be 

21  $114 million.  

22               That would grow, over a three-year 

23  period, to $495 million of tax relief for the 

24  hard-pressed manufacturing sector of our economy.

25               SENATOR KRUEGER:   Through you, 

                                                               4433

 1  Mr. President, if the sponsor would continue to 

 2  yield.

 3               SENATOR SEWARD:   Certainly.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  sponsor yields.

 6               SENATOR KRUEGER:   Would this apply 

 7  only to the manufacturing done in the State of 

 8  New York?  Or a company who was a manufacturer 

 9  where some might take place here, but much of 

10  their manufacturing might take place out of state 

11  or even out of the country, would they still be 

12  eligible for this significant tax reduction?

13               SENATOR SEWARD:   Well, 

14  Mr. President, this tax relief is directed toward 

15  those manufacturers who are paying this corporate 

16  franchise tax currently.  So yes, it would apply 

17  to those operations that exist in New York State.

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Krueger.

20               SENATOR KRUEGER:   Through you, 

21  Mr. President, if the sponsor would continue to 

22  yield.

23               SENATOR SEWARD:   Certainly.

24               ACTING PRESIDENT GRIFFO:   The 

25  sponsor yields.

                                                               4434

 1               SENATOR KRUEGER:   So I agree, you 

 2  could be a corporation in New York State that is 

 3  a manufacturer, but not all of your manufacturing 

 4  needs to take place in this state.  In fact, 

 5  there might be only a certain amount of the 

 6  completion work that's done in New York State 

 7  while the manufacturing is mostly done out of 

 8  state.  

 9               Are you still, then, eligible for 

10  the same tax reduction and exemption on your 

11  corporate revenue?

12               SENATOR SEWARD:   Well, 

13  Mr. President, I would basically repeat what I 

14  said earlier.  We're talking about operations 

15  that -- manufacturing operations that exist here 

16  in New York State.  That is the tax liability for 

17  any corporation.  Obviously they have -- many 

18  corporations have operations in multiple states.  

19               But those that have this tax 

20  liability currently, which we are looking to 

21  relieve under this legislation, they would be 

22  only on the New York portion of their 

23  manufacturing.  

24               And frankly, it strikes me that 

25  with the passage of this legislation, if it was 

                                                               4435

 1  enacted into law, that would make the New York 

 2  portion of the operations a very attractive place 

 3  for additional investment and more jobs coming to 

 4  New York, because of the actions of this tax 

 5  relief.

 6               SENATOR KRUEGER:   Through you, 

 7  Mr. President, I appreciate the sponsor's answers 

 8  but I'm still a little confused.

 9               So if I have -- if I'm a company --

10               ACTING PRESIDENT GRIFFO:   Sponsor, 

11  do you yield?

12               SENATOR KRUEGER:   Thank you.  

13  Thank you, Mr. President.

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Seward yields.  You may direct your questions, 

16  Senator Krueger.

17               SENATOR KRUEGER:   So if I'm a 

18  company with 500 employees in the United States 

19  but only 95 employees in New York State, and I'm 

20  a manufacturer, then am I eligible to take 

21  everything within this law and apply it to my 

22  entire business model, which is 500 nationally, 

23  95 here in New York, or just to the business done 

24  with the 95 workers here in New York State?

25               SENATOR SEWARD:   Well, 

                                                               4436

 1  Mr. President, if -- any operations outside the 

 2  State of New York, there are no expenses to be 

 3  dealt with in terms of what goes on in other 

 4  states in terms of one's tax liability here.  So 

 5  it would be directed at the New York operations, 

 6  whatever size they may be.

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Krueger.

 9               SENATOR KRUEGER:   Thank you.

10               Again, I think my point was that --

11               ACTING PRESIDENT GRIFFO:   On the 

12  bill?  Senator Krueger, are you on the bill? 

13               SENATOR KRUEGER:   I'm making a 

14  statement, and I'll do a follow-up question.  

15  Thank you.  

16               So I guess on the bill, I guess my 

17  concern is that this applies to the entire net 

18  income, which I believe would apply to the entire 

19  corporate structure, while the focus seems to be 

20  an attempt to ensure it applies to manufacturers 

21  here in the State of New York.

22               So I was trying to get at the 

23  difference between a corporation who may be a 

24  manufacturer versus a corporation whose 

25  manufacturing majority, exclusively, uniquely 

                                                               4437

 1  takes place in the State of New York.  

 2               So let me follow up with a 

 3  different line of questioning if I might, 

 4  Mr. President.

 5               ACTING PRESIDENT GRIFFO:   Senator 

 6  Seward, will you yield?  

 7               SENATOR SEWARD:   Certainly.

 8               SENATOR KRUEGER:   How many jobs 

 9  are going to be created, and how are we going to 

10  document that?

11               SENATOR SEWARD:   Well, 

12  Mr. President, I cannot say exactly how many jobs 

13  would be created under this legislation.  

14               But I can report to the Senator and 

15  my colleagues that the number of manufacturing 

16  jobs that have been lost in New York State over 

17  the last two decades alone have been 500,000 

18  manufacturing jobs lost over the last two 

19  decades.  That is approximately half of the 

20  manufacturing jobs that used to be in New York 

21  State.

22               So we have a serious problem when 

23  it comes to the manufacturing sector of our 

24  economy.  So that is why this legislation, this 

25  tax relief is directed right at New York 

                                                               4438

 1  manufacturers and those that wish to come here to 

 2  manufacture and create jobs.  

 3               Because this is a sector of our 

 4  economy which has suffered greatly, and we want 

 5  to provide this relief so that they will be able 

 6  to create jobs here and New York will be a much 

 7  more attractive place in which to manufacture 

 8  product.  And manufacturing jobs are some of the 

 9  best jobs in our economy.  There's a great ripple 

10  effect throughout the rest of the economy as 

11  well.

12               So I cannot give the Senator an 

13  exact number, but I can tell you that we've had 

14  significant job loss and we're fighting to regain 

15  those jobs.  And that's what the intent of this 

16  legislation is.

17               SENATOR KRUEGER:   Through you, 

18  Mr. President, on the bill.

19               ACTING PRESIDENT GRIFFO:   Senator 

20  Krueger on the bill.

21               SENATOR KRUEGER:   Well, I couldn't 

22  agree more with the Senator's last answer to my 

23  question.  It is about making sure we don't 

24  continue to lose jobs and in fact we do something 

25  to help create jobs in New York State.  

                                                               4439

 1               And I also agree with him, 

 2  manufacturing jobs are a great model of jobs to 

 3  create in New York State.  And that can be 

 4  statewide, every area of the state can talk about 

 5  the potential for job creation in manufacturing 

 6  if we help it along.

 7               My concern about this bill is that 

 8  it is not explicit enough or targeted enough for 

 9  us to know that we are going to get new jobs if 

10  we reduce taxes across the board.  This bill says 

11  and the sponsor answered the question that it was 

12  going to cost approximately a half a billion 

13  dollars a year in state revenue.  One-half 

14  billion dollars a year.  

15               Usually, when one talks about 

16  economic development models in the 21st century, 

17  one looks at what the job creation/economic 

18  development ratio is:  How much money do you have 

19  to spend for that job.  

20               We have done many, many pieces of 

21  legislation in this house and through actions 

22  that have been taken, sometimes through the 

23  budget and sometimes through freestanding 

24  legislation, where we have seen if the state 

25  invests, whether it's a grant, a loan, an 

                                                               4440

 1  exemption from taxes, a reduction in taxes, that 

 2  a business is tracked through the Economic 

 3  Development Corporation, the ESDC, and through 

 4  the Tax Department, they got X amount in -- or 

 5  they paid less by Y amount in taxes and A, B, C, 

 6  D jobs were created.  And so the ratio is the 

 7  cost that the State of New York needed to put 

 8  into that job being created.

 9                My dilemma here is it's 

10  $500 million annually, which probably jumps it to 

11  one of the largest economic development programs 

12  we've ever created, but there's no tracking 

13  accountability or ability for the state to say, 

14  But you didn't create jobs, so we shouldn't 

15  continue to give this to you.  And you, you 

16  created a huge number of jobs, so we want to 

17  encourage, incentivize and support you to 

18  continue to operate and create more jobs.

19               So my concern is that it's a 

20  21st-century problem, it's a 2012 reality, and I 

21  agree completely with the Senator that we want to 

22  innovatively, responsibly, transparently and 

23  accountably use money to make sure we can create 

24  jobs.  

25               What I don't want to do, though, is 

                                                               4441

 1  to have the State of New York lose $500 million 

 2  in annual income that then we won't have for our 

 3  schools and we won't have for healthcare and we 

 4  won't have for services for our seniors and we 

 5  won't have to support localities for their police 

 6  and fire departments, and then have to turn 

 7  around and say:  Yeah, we cut all that money 

 8  because we passed this legislation, but we 

 9  actually can't tell you we created X number of 

10  jobs paying Y amounts of salary or the kinds of 

11  jobs that people got.

12               So again, while I find that I'm in 

13  agreement with much of what the sponsor has 

14  called for as far as the goals of the 

15  legislation, I think that this kind of 

16  legislation doesn't get us there because there's 

17  not the accountability and requirement of job 

18  creation in exchange for the loss of state 

19  revenue.  

20               I actually think that these kinds 

21  of programs need to be very carefully tracked and 

22  that those receiving the benefits are held 

23  accountable for the actual job creation.  Because 

24  we have found ourselves too many times making the 

25  mistake of creating economic development programs 

                                                               4442

 1  where, at the end of the day, we spent the money 

 2  but we didn't get the jobs.  And I want us to get 

 3  the jobs, Mr. President.  We all want to be 

 4  helping to create the jobs.

 5               This is not a model that I believe 

 6  I can support, because I don't think it will get 

 7  us from Point A to Point B.  I'll be voting no, 

 8  Mr. President.  Thank you.

 9               ACTING PRESIDENT GRIFFO:   Is there 

10  any other Senator wishing to be heard?

11               Seeing none, hearing none, the 

12  debate is closed.  The Secretary will ring the 

13  bell.  

14               Read the last section.

15               THE SECRETARY:   Section 3.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT GRIFFO:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Montgomery to explain her vote.

22               SENATOR MONTGOMERY:   Yes, 

23  Mr. President, to explain my vote.

24               I'm looking at the language in the 

25  bill.  I'm going to be supporting it, because I 

                                                               4443

 1  certainly see some of the manufacturing, small -- 

 2  relatively small, so to speak, and manufacturing 

 3  businesses as well as qualified emerging 

 4  technology companies that are starting up, 

 5  beginning to grow and flourish.  And certainly I 

 6  would like to see us help them.  This bill would 

 7  do that.

 8               I do support the issues raised by 

 9  Senator Krueger.  But on the other hand, I think 

10  that we do need to have some way of stimulating 

11  this kind of business which, as Senator Seward 

12  has indicated, will grow really good jobs in 

13  parts of our state where they're sorely needed.  

14  So I commend you, Senator Seward.  

15               And thank you, Mr. President.  I'm 

16  voting aye.

17               ACTING PRESIDENT GRIFFO:   Senator 

18  Montgomery to be recorded in the affirmative.

19               Announce the results.

20               THE SECRETARY:   Ayes, 55.  Nays, 

21  1.  Senator Krueger recorded in the negative.

22               ACTING PRESIDENT GRIFFO:   The bill 

23  is passed.

24               Senator Libous.

25               SENATOR LIBOUS:   Thank you, 

                                                               4444

 1  Mr. President.  

 2               At this time could we take up 

 3  Supplemental Active List 1 and have the 

 4  noncontroversial reading, please.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  Secretary will read.

 7               THE SECRETARY:   In relation to 

 8  Calendar Number 140, Senator Ranzenhofer moves to 

 9  discharge, from the Committee on Rules, Assembly 

10  Bill Number 10288A and substitute it for the 

11  identical Senate Bill Number 5198D, Third Reading 

12  Calendar 140.

13               ACTING PRESIDENT GRIFFO:    

14  Substitution ordered.

15               The Secretary will read.

16               THE SECRETARY:   Calendar Number 

17  140, by Member of the Assembly Brennan, Assembly 

18  Print Number 10288A, an act to repeal certain 

19  provisions.

20               ACTING PRESIDENT GRIFFO:   Read the 

21  last section.

22               THE SECRETARY:   Section 31.  This 

23  act shall take effect on the 60th day.

24               ACTING PRESIDENT GRIFFO:   Call the 

25  roll.

                                                               4445

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 56.

 3               ACTING PRESIDENT GRIFFO:   The bill 

 4  is passed.

 5               THE SECRETARY:   In relation to 

 6  Calendar Number 816, Senator Rivera moves to 

 7  discharge, from the Committee on Rules, Assembly 

 8  Bill Number 10141B and substitute it for the 

 9  identical Senate Bill Number 6854B, Third Reading 

10  Calendar 816.

11               ACTING PRESIDENT GRIFFO:   The 

12  substitution is so ordered.

13               The Secretary will read.

14               THE SECRETARY:   Calendar Number 

15  816, by Member of the Assembly Dinowitz, Assembly 

16  Print Number 10141B, an act to amend the Public 

17  Health Law.

18               ACTING PRESIDENT GRIFFO:   Read the 

19  last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT GRIFFO:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               ACTING PRESIDENT GRIFFO:   Senator 

                                                               4446

 1  Rivera to explain his vote.

 2               SENATOR RIVERA:   Thank you, 

 3  Mr. President.

 4               This bill is the first bill that 

 5  was a product of the Bronx CAN Health Initiative 

 6  that I launched last year in the Bronx, along 

 7  with Borough President Ruben Diaz, Jr., 

 8  Montefiore Medical Center, the Bronx Smoke-Free 

 9  Partnership and other allies locally.  

10               I certainly thank all of my 

11  colleagues for bringing this to the floor.  I 

12  thank Senator Libous for putting it on the 

13  agenda.

14               The Bronx is unfortunately the 

15  unhealthiest county in the State of New York.  

16  But one thing that we are doing well is that we 

17  have the lowest youth smoking rate.  What this 

18  bill does is it simply extends the ban that 

19  already exists for smoking in schools to be right 

20  outside the entrance and the exits of schools.  

21               We've seen over the years the 

22  impact that secondhand smoke has on children and 

23  on everyone, and this will be a way to fight the 

24  type of impact that secondhand smoke has on 

25  children.  

                                                               4447

 1               We've seen in the City of New York 

 2  how Mayor Bloomberg has been a leader in taking 

 3  smoking out of public spaces, therefore having a 

 4  very positive impact on the health of New Yorkers 

 5  at large.  And I'm very happy to say that this is 

 6  a bill that would do just that for the children 

 7  that are in the school system in New York City.

 8               So I encourage all my colleagues to 

 9  vote in the affirmative on this piece of 

10  legislation, and I will of course be voting aye 

11  on it.  

12               Thank you, Mr. President.

13               ACTING PRESIDENT GRIFFO:   Senator 

14  Rivera will be recorded in the affirmative.

15               Announce the results.

16               THE SECRETARY:   Ayes, 54.  Nays, 

17  2.  Senators Little and Zeldin recorded in the 

18  negative.

19               ACTING PRESIDENT GRIFFO:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  968, by Senator Peralta, Senate Print 6292, an 

23  act to amend the Penal Law.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               4448

 1               THE SECRETARY:   Section 8.  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, 55.  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  reading of Supplemental Active List 1. 

12               SENATOR LIBOUS:   Mr. President, 

13  could we return to motions and resolutions, 

14  please.

15               ACTING PRESIDENT GRIFFO:   We will 

16  return to motions and resolutions.

17               SENATOR LIBOUS:   I have a number 

18  here, Mr. President, so if everybody could be 

19  patient with me, please.  

20               On behalf of Senator Golden, on 

21  page 5 I offer the following amendments to 

22  Calendar Number 129, Senate Print 4263B, and ask 

23  that said bill retain its place on the Third 

24  Reading Calendar.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4449

 1  amendments are received, and the bill shall 

 2  retain its place on third reading.

 3               SENATOR LIBOUS:   Mr. President, on 

 4  behalf of Senator Grisanti, on page 40 I offer 

 5  the following amendments to Calendar Number 1043, 

 6  Senate Print 6431, and ask that said bill retain 

 7  its place on the Third Reading Calendar.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  amendments are received, and the bill shall 

10  retain its place on third reading.

11               SENATOR LIBOUS:   Mr. President, on 

12  behalf of Senator Ritchie, on page 5 I offer the 

13  following amendments to Calendar Number 85, 

14  Senate Print 5160A, and ask that said bill retain 

15  its place on the Third Reading Calendar.

16               ACTING PRESIDENT GRIFFO:   The 

17  amendments are received, and the bill shall 

18  retain its place on third reading.

19               SENATOR LIBOUS:   Mr. President, on 

20  behalf of Senator Nozzolio, on page 35 I offer 

21  the following amendments to Calendar Number 988, 

22  Senate Print 7422, and ask that said bill retain 

23  its place on the Third Reading Calendar.

24               ACTING PRESIDENT GRIFFO:   The 

25  amendments are received, and the bill shall 

                                                               4450

 1  retain its place on third reading.

 2               SENATOR LIBOUS:   Thank you, 

 3  Mr. President.

 4               On behalf of Senator Seward, on 

 5  page 36 I offer the following amendments to 

 6  Calendar Number 997, Senate Print 6943, 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               Please, may we have some quiet in 

13  the chamber.

14               SENATOR LIBOUS:   Thank you, 

15  Mr. President.

16               Of behalf of Senator Grisanti, on 

17  page 21 I offer the following amendments to 

18  Calendar Number 660, Senate Print 2353A, and ask 

19  that said bill retain its place on the Third 

20  Reading Calendar.  

21               ACTING PRESIDENT GRIFFO:   The 

22  amendments are received, and the bill shall 

23  retain its place on third reading.

24               SENATOR LIBOUS:   Mr. President, on 

25  behalf of Senator Martins, I call up Senate Print 

                                                               4451

 1  5235, recalled from the Assembly, which is now at 

 2  the desk.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  Secretary will read.

 5               THE SECRETARY:   Calendar Number 

 6  1193, by Senator Martins, Senate Print 5235, an 

 7  act relating to the sales and compensating use 

 8  tax.

 9               SENATOR LIBOUS:   I now move to 

10  reconsider the vote by which this bill was 

11  passed.

12               ACTING PRESIDENT GRIFFO:   Call the 

13  roll on reconsideration.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 56.

16               SENATOR LIBOUS:   I now offer the 

17  following amendments.

18               ACTING PRESIDENT GRIFFO:   The 

19  amendments are received.

20               SENATOR LIBOUS:   Mr. President, on 

21  behalf of Senator Martins, I call up his print, 

22  3778D, recalled from the Assembly, which is now 

23  at the desk.

24               ACTING PRESIDENT GRIFFO:   The 

25  Secretary will read.

                                                               4452

 1               THE SECRETARY:   Calendar Number 

 2  725, by Senator Martins, Senate Print 3778D, an 

 3  act to amend the Public Authorities Law.

 4               SENATOR LIBOUS:   I move to 

 5  reconsider the vote by which this bill was 

 6  passed.

 7               ACTING PRESIDENT GRIFFO:   Call the 

 8  roll on reconsideration.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 56.

11               SENATOR LIBOUS:   I offer up the 

12  following amendments.

13               ACTING PRESIDENT GRIFFO:   The 

14  amendments are received.

15               Senator Libous.  

16               SENATOR LIBOUS:   Mr. President, 

17  the members are going to want to listen to this 

18  very important announcement.  

19               Is there any further business at 

20  the desk?  

21               ACTING PRESIDENT GRIFFO:   There is 

22  no further business.

23               SENATOR LIBOUS:   Mr. President, 

24  there being no further business at the desk, I 

25  move we adjourn until Tuesday, June 19th, at 

                                                               4453

 1  11:00 a.m.

 2               ACTING PRESIDENT GRIFFO:   On 

 3  motion, the Senate stands adjourned until 

 4  Tuesday, June 19th, at 11:00 a.m. 

 5               Senate adjourned.

 6               (Whereupon, at 7:17 p.m., the Senate 

 7  adjourned.)

 8

 9

10

11

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