Regular Session - June 19, 2012

                                                                   4454

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 19, 2012

11                     12:00 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  

                                                               4455

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

 2               ACTING PRESIDENT ROBACH:   The 

 3  Senate will come to order.  

 4               I ask everyone present to please 

 5  rise and join me in the Pledge of Allegiance.

 6               (Whereupon, the assemblage 

 7  recited the Pledge of Allegiance to the Flag.)

 8               ACTING PRESIDENT ROBACH:   In the 

 9  absence of clergy, may we now bow our heads in 

10  a moment of silence.

11               (Whereupon, the assemblage 

12  respected a moment of silence.)

13               ACTING PRESIDENT ROBACH:   The 

14  reading of the Journal.

15               THE SECRETARY:   In Senate, 

16  Monday, June 18th, the Senate met pursuant to 

17  adjournment.  The Journal of Sunday, 

18  June 17th, was read and approved.  Without 

19  objection, the Journal stands approved as 

20  read.

21               ACTING PRESIDENT ROBACH:    

22  Without objection, the Journal stands approved 

23  as read.

24               Presentation of petitions.

25               Messages from the Assembly.

                                                               4456

 1               The Secretary will read.

 2               THE SECRETARY:   On page 5, 

 3  Senator Dilan moves to discharge, from the 

 4  Committee on Rules, Assembly Bill Number 

 5  7574A and substitute it for the identical 

 6  Senate Bill Number 1340A, Third Reading 

 7  Calendar 112.

 8               On page 11, Senator Martins moves 

 9  to discharge, from the Committee on Rules, 

10  Assembly Bill Number 8823A and substitute it 

11  for the identical Senate Bill Number 5227B, 

12  Third Reading Calendar 357.

13               On page 14, Senator Seward moves 

14  to discharge, from the Committee on Rules, 

15  Assembly Bill Number 10391A and substitute it 

16  for the identical Senate Bill Number 6710A, 

17  Third Reading Calendar 475.

18               On page 15, Senator Flanagan 

19  moves to discharge, from the Committee on 

20  Education, Assembly Bill Number 7823B and 

21  substitute it for the identical Senate Bill 

22  Number 5508B, Third Reading Calendar 501.  

23               On page 18, Senator Ranzenhofer 

24  moves to discharge, from the Committee on 

25  Rules, Assembly Bill Number 9857A and 

                                                               4457

 1  substitute it for the identical Senate Bill 

 2  Number 6690A, Third Reading Calendar 610.

 3               On page 26, Senator Carlucci moves 

 4  to discharge, from the Committee on Commerce and 

 5  Economic Development, Assembly Bill Number 9274B 

 6  and substitute it for the identical Senate Bill 

 7  Number 6447B, Third Reading Calendar 771.

 8               And on page 37, Senator Little 

 9  moves to discharge, from the Committee on Rules, 

10  Assembly Bill Number 10545 and substitute it for 

11  the identical Senate Bill Number 6720, Third 

12  Reading Calendar 1019.

13               ACTING PRESIDENT ROBACH:    

14  Substitutions ordered.

15               Messages from the Governor.

16               Reports of standing committees.

17               Reports of select committees.

18               Communications and reports from 

19  state officers.

20               Motions and resolutions.

21               Senator Libous.

22               SENATOR LIBOUS:   Thank you, 

23  Mr. President.

24               Mr. President, if I could have the 

25  attention of the chamber, please.

                                                               4458

 1               There's a resolution at the desk by 

 2  Senator Martins, Number 5197.  It was previously 

 3  adopted by the house on June 12th.  Senator 

 4  Martins would like the title read, and then I 

 5  would ask for the members to please give 

 6  Senator Martins their attention.

 7               ACTING PRESIDENT ROBACH:   The 

 8  Secretary will read the title.

 9               THE SECRETARY:   Calendar Number 

10  5197, by Senator Martins, celebrating NYPD Police 

11  Detective Kevin Brennan's recovery from critical 

12  wounds received in the line of duty, and his 

13  promotion to detective.

14               ACTING PRESIDENT ROBACH:   Senator 

15  Martins on the resolution.

16               SENATOR MARTINS:   Thank you, 

17  Mr. President.

18               From time to time we are called 

19  upon to recognize those special individuals who 

20  have gone above and beyond -- members of our 

21  community, public servants who have distinguished 

22  themselves in the line of duty.

23               Today we have the opportunity to 

24  recognize New York City Police Department 

25  Detective Kevin Brennan, who is recovering from 

                                                               4459

 1  critical wounds that he sustained on January 31, 

 2  2012, while in the line of duty.

 3               You may all remember that Detective 

 4  Brennan, back on January 31, 2012, in Brooklyn, 

 5  in Bushwick, in the course of apprehending a 

 6  person who he was chasing while in the course of 

 7  his responsibilities as a New York City police 

 8  officer, was shot in the head.  The gunman was 

 9  apprehended.  

10               He was taken to the hospital.  We 

11  all know what the circumstances were there.  We 

12  all remember all too well the fact that 

13  Detective Brennan had a two-month-old daughter at 

14  the time, now nearly six months old, Maeve; was 

15  married for less than a year.  We all understood 

16  the tragedy that was happening before us.  And 

17  then we all celebrated together as a state as 

18  Detective Brennan left the hospital just 10 days 

19  later.  Truly a miracle.  

20               He's now recovering.  We want to 

21  celebrate not only his heroism, but we want to 

22  celebrate his strength as he goes through this 

23  critical period, as he tries to bring normalcy 

24  back to his life.  But we also want to celebrate 

25  the fact that he is a tremendous example for each 

                                                               4460

 1  and every one of us in our daily lives, that 

 2  which we should aspire to and those who we should 

 3  hold up as examples to society and to our 

 4  children, a person of courage and dedication.

 5               I am proud to have Detective 

 6  Brennan as a resident of my district.  He now 

 7  resides in Garden City Park, where he is raising 

 8  Maeve, where he spends time with his wife, 

 9  Janet.  Again, wanting nothing more than to 

10  return to the job, to return to the New York City 

11  Police Department to serve the community and to 

12  serve the greater good.

13               I want to take the opportunity, 

14  Mr. President, to recognize his efforts, 

15  celebrate his efforts, and again hold him up as 

16  an example to be emulated.  And I would ask my 

17  colleagues to join me as we thank and 

18  congratulate and wish Godspeed to this great 

19  individual and great American.

20               Thank you, Detective.

21               (Standing ovation.)  

22               ACTING PRESIDENT ROBACH:   Thank 

23  you, Senator Martins.  

24               And on behalf of all of us in the 

25  Senate, Officer Brennan, please accept our 

                                                               4461

 1  thanks.  We are happy for your recovery but 

 2  greatly applaud you as part of that blue line 

 3  that protects each and every one of us every day.

 4               Senator Golden on the resolution.

 5               SENATOR GOLDEN:   Thank you, 

 6  Mr. President.  

 7               I too would like to thank 

 8  Senator Martins for bringing the good detective 

 9  to our chambers today to be honored with a 

10  resolution.

11               It's not too long ago -- although 

12  for many it may seem it was a long time ago -- it 

13  was only about 20 years ago when there was 2,245 

14  homicides in the City of New York.  It was only 

15  20 years ago when you had 900,000 crimes being 

16  committed.  

17               And in that period of time, over 

18  the last 20 years, we've seen an SOP created in 

19  our city that's been copied around the world.  

20  And we've have seen crime come down, and we see 

21  families living in a better quality of life today 

22  because of the good works of the New York City 

23  Police Department.

24               I want to commend you, Officer, for 

25  the great work that you've done in championing 

                                                               4462

 1  the causes that you have in your communities, 

 2  working in Brooklyn North, some of our toughest 

 3  precincts in the city.  And we commend you for 

 4  all the work that you've done in keeping our 

 5  city, the City of New York, one of the safest and 

 6  greatest cities in the world.  

 7               Thank you very much, and God bless 

 8  you and your family, Detective.

 9               ACTING PRESIDENT ROBACH:   Thank 

10  you, Senator Golden.

11               Senator Adams on the resolution.

12               SENATOR ADAMS:   Mr. President, I 

13  too want to join and add my voice to thanking 

14  Detective Brennan.  

15               I tell you, both Senator Golden and 

16  I were both former members of the New York City 

17  Police Department, so we understand the 

18  complexities of attempting to keep the peace in 

19  our great city.

20               But I also want to extend my 

21  thank you to the family.  Oftentimes, the years 

22  that we spend as law enforcement officers, people 

23  don't realize that our families are with us.  And 

24  I'm sure every family dreads that awful knock on 

25  the door to state that a member, their loved one, 

                                                               4463

 1  has been a victim of senseless violence.  

 2               And I'm sure that you know what 

 3  your wife and your family -- your father, your 

 4  mother and all the family members went through.  

 5  So the congratulatory comments and statements are 

 6  extended to your family as well as you.  

 7               And I hope you speedily recover.  I 

 8  look for you to be back on the streets of the 

 9  City of New York, and hopefully in Brooklyn.  So 

10  when I'm the borough president, you can come down 

11  and visit me.  Thank you very much.

12               (Laughter.)

13               ACTING PRESIDENT ROBACH:   Thank 

14  you, Senator Adams.

15               Again, welcome, Officer Brennan.  

16  We extend to you the courtesies of the Senate 

17  chamber.  

18               And this resolution was previously 

19  passed on June 12th.

20               Senator Libous.

21               SENATOR LIBOUS:   Thank you, 

22  Mr. President.

23               And Officer Brennan, it is indeed 

24  an honor to have you with us today.

25               Mr. President, what I'm going to 

                                                               4464

 1  do, before we adopt the Resolution Calendar, I am 

 2  going to call, so that we can -- we have a lot to 

 3  do today.  And so that we can move things along, 

 4  I'm going to call an immediate meeting of the 

 5  Rules Committee in Room 332.  There will be an 

 6  immediate meeting of the Rules Committee in 

 7  Room 332.  

 8               But we will continue to move along 

 9  with our resolutions and housekeeping and what 

10  have you.  And at this time I would like 

11  Senator DeFrancisco to take the chair.

12               ACTING PRESIDENT ROBACH:   If 

13  members of the Rules Committee could promptly go 

14  to Room 332, we will continue with the 

15  Resolution Calendar and simultaneously run the 

16  Rules Committee meeting.

17               Senator DeFrancisco.

18               SENATOR DeFRANCISCO:   May we 

19  please adopt the Resolution Calendar, with the 

20  exception of Resolutions 5375, 5437, 5477, 5459, 

21  and 5395.

22               ACTING PRESIDENT ROBACH:   All in 

23  favor of adopting the Resolution Calendar, with 

24  the exceptions noted, signify by saying aye.

25               (Response of "Aye.")

                                                               4465

 1               ACTING PRESIDENT ROBACH:   Opposed, 

 2  nay.

 3               (No response.)

 4               ACTING PRESIDENT ROBACH:   The 

 5  Resolution Calendar is adopted.

 6               Senator DeFrancisco.

 7               SENATOR DeFRANCISCO:   There's a 

 8  resolution by Senator Larkin at the desk, 

 9  Number 5375.  I ask that it be read in its 

10  entirety and ask for its immediate adoption.

11               ACTING PRESIDENT ROBACH:   The 

12  Secretary will read.

13               THE SECRETARY:   Legislative 

14  Resolution Number 5375, by Senator Larkin, 

15  expressing support for a postage stamp in honor 

16  of the Borinqueneers, the only Hispanic- 

17  segregated unit in United States military 

18  history.  

19               "WHEREAS, The 65th Infantry 

20  Regiment, created in 1899 as the only 

21  Hispanic-segregated unit in United States 

22  military history, was mandated by Congress to be 

23  comprised primarily of Puerto Ricans; and 

24               "WHEREAS, The 65th Infantry  

25  Regiment became better known as the 

                                                               4466

 1  Borinqueneers, from the word 'Borinquen,' the 

 2  name by which the native Taino Indians called 

 3  Puerto Rico; and 

 4               "WHEREAS, The Borinqueneers, 

 5  throughout their service in World War I, 

 6  World War II, and most notably the Korean War, 

 7  served with distinction, participated in nine 

 8  major campaigns, and earned the respect and 

 9  admiration of their fellow soldiers and military 

10  authorities, most notably General Douglas 

11  MacArthur; and 

12               "WHEREAS, The 65th Infantry 

13  Borinqueneers earned two United States 

14  Presidential Unit Citations, a Meritorious Unit  

15  Commendation, and two Republic of Korea Unit 

16  Citations, and individual members earned 

17  10 Distinguished Service Crosses, 421 Silver 

18  Stars, and 156 Bronze Stars; and 

19               "WHEREAS, Although more than 20,000 

20  Puerto Ricans have served courageously as 

21  Borinqueneers since World War I, their 

22  contribution and sacrifices have gone largely 

23  unnoticed; and 

24               "WHEREAS, Honoring the 

25  Borinqueneers with a commemorative stamp would be 

                                                               4467

 1  a fitting tribute for these brave soldiers and 

 2  would serve to educate the American public about 

 3  their existence and service; and

 4               "WHEREAS, As Americans, it is our 

 5  responsibility to ensure that our history is 

 6  documented and reverence is given to our war 

 7  heroes; and 

 8               "WHEREAS, It is fitting and proper 

 9  that we, the benefactors of the sacrifices and 

10  courageous acts of the men and women who served 

11  and continue to serve in the United States Armed  

12  Forces, express our appreciation and eternal  

13  gratitude for their service to our great nation; 

14  now, therefore, be it 

15               "RESOLVED, That this Legislative 

16  Body pause in its deliberations to express 

17  support for a postage stamp in honor of the 

18  Borinqueneers, the only Hispanic-segregated unit 

19  in United States military history; and be it 

20  further 

21               "RESOLVED, That a copy of this  

22  resolution, suitably engrossed, be transmitted  

23  to Ruben Estrada, Co-Chairman, The Borinqueneers 

24  Stamp Committee."

25               ACTING PRESIDENT ROBACH:   Senator 

                                                               4468

 1  Larkin on the resolution.

 2               SENATOR LARKIN:   Thank you, 

 3  Mr. President.

 4               My colleagues, today is a great 

 5  honor, a great honor because we're making a move 

 6  forward to honor a special group of individuals, 

 7  the 3rd and 65th, a fighting unit that would 

 8  serve, parts of it, in World War I, World War II, 

 9  and Korea.  

10               And the recognition -- we have two 

11  gentleman here today that helped us when we 

12  started the first stamp, Ruben Estrada and Tony 

13  Mele.  Thank you both for joining us, gentlemen.

14               But you know, this is a unit that 

15  when it was first organized, people thought, 

16  Well, they can't go anyplace because they're from 

17  Puerto Rico.  Well, somebody in Washington found 

18  out that they were a great fighting unit.  And 

19  what happened?  They went to Korea.  

20               You know, you often read in the 

21  papers lately that there's some Purple Hearts, 

22  some Silver Stars, something else.  But just 

23  think about it:  This is a unit that during that 

24  fighting in Korea alone, forget the rest of it, 

25  there were 42 Silver Star recipients, 156 Bronze 

                                                               4469

 1  Starts, 10 Distinguished Service Crosses, and two 

 2  Presidential Citations.  

 3               This is a unit that distinguished 

 4  itself, clearly.  This is a unit that the 

 5  soldiers were elite, they were proud.  The Third 

 6  Infantry Division, of which they were attached to 

 7  in Korea, always said "They belong to us," and 

 8  yet everybody in the 65th were native-born 

 9  Puerto Ricans.  Their record of combat is 

10  first class.  

11               We're now asking the federal 

12  government to commit to a stamp.  And nobody 

13  knows how hard the stamp was.  There are members 

14  today here in the Rules Committee meeting -- but 

15  when we first started the stamp for the 

16  Purple Heart in the January 2000, there were a 

17  few people here in this conference that started 

18  with us.  It took us three and a half years to 

19  get a temporary stamp, and then it took us eight 

20  more years to get a permanent stamp.  Took us 

21  11½ years to have this stamp we now call the 

22  Purple Heart "Forever" Stamp.

23               Why shouldn't we have a stamp for 

24  this great unit?  Its combat record, its 

25  achievements, its distinguished members coming 

                                                               4470

 1  from Puerto Rico -- it was an all-volunteer 

 2  unit.  And all we're asking the Postal Service 

 3  Commission is to create a stamp.  

 4               They say, "We need to see some 

 5  support."  Ladies and gentlemen, and for the 

 6  record, when we went for the Purple Heart Stamp, 

 7  our first thing -- Ruben remembers -- we had five 

 8  million stamps nationwide, and it wasn't enough.  

 9  The second batch we had was over 12 million 

10  stamps.  

11               The Postal Service did very good, 

12  because originally the stamps were 37 cents, and 

13  when we finally got the permanent stamp, it was 

14  44 cents.  So figure 12 million pieces of 

15  correspondence really helped the Postal Service.

16               But what did it do?  It showed the 

17  men and women that had been killed and wounded in 

18  combat, and their survivors, that this nation 

19  cared for them.  And this was not a joke.  

20               Well, this is the same thing here 

21  for the Borinqueneers.  Distinguished combat 

22  record.  This will give credit to those 

23  individuals, and it will give credit to 

24  Puerto Rico that they sent men and women into 

25  combat, and they performed and they were 

                                                               4471

 1  successful.  Their record in combat operation is 

 2  second to none.  

 3               And I think it's only a serious 

 4  matter that we say to the Postal Service:  Give 

 5  us the stamp, and recognize the 3rd of the 65th.  

 6               Thank you, Mr. President.

 7               ACTING PRESIDENT ROBACH:   Thank 

 8  you, Senator Larkin.

 9               Senator Carlucci on the resolution.

10               SENATOR CARLUCCI:   Thank you, 

11  Mr. President.

12               I want to thank Senator Larkin for 

13  bringing this important resolution forward.  As 

14  was said, this is an extremely important part of 

15  America's history.  

16               And I want to thank Ruben Estrada 

17  and Anthony Mele, who are here today, who have 

18  really championed this cause and have given me a 

19  history lesson on this important issue.  

20               And as Senator Larkin said, I think 

21  one of the great things that we can do, 

22  considering that the United States Postal 

23  Service's Stamp Advisory Committee is currently 

24  considering a commemorative stamp to honor the 

25  Borinqueneers, we should lend our support to this 

                                                               4472

 1  cause.

 2               It's important that we honor and 

 3  also we remember and we talk about the history of 

 4  these heroes that put their lives on the line to 

 5  serve all of us and really made an example and 

 6  serve to where we are today.  Without the 

 7  65th Infantry, we probably might not have had the 

 8  successes that we have today.

 9               So again, I want to thank 

10  Ruben Estrada and Anthony Mele for continuing and 

11  teaching this history and making sure that this 

12  stamp becomes a reality.  So you have my support, 

13  and I encourage my colleagues to join onto this 

14  resolution.  

15               Thank you, Mr. President.

16               ACTING PRESIDENT ROBACH:   Thank 

17  you, Senator Carlucci.

18               Senator Diaz on the resolution. 

19               SENATOR DIAZ:   Thank you, 

20  Mr. President.  Thank you.  

21               Mr. President and ladies and 

22  gentlemen, I am a Puerto Rican who grew up in 

23  Puerto Rico in a town called Bayamón.  Today I 

24  feel so proud and honored that Senator Larkin has 

25  taken it upon himself to recognize the sacrifice 

                                                               4473

 1  and the commitment of Puerto Rico and the 

 2  Puerto Rican people.

 3               As you know, Mr. President, and you 

 4  should know, Puerto Rico is a commonwealth of the 

 5  United States.  The people of Puerto Rico cannot 

 6  vote for the president.  The people of 

 7  Puerto Rico cannot even vote for Congresspeople 

 8  to represent them with a vote in the Congress.

 9               But the people of Puerto Rico are 

10  asked to go and fight, to share their blood, to 

11  kill and be killed for this country.  And they 

12  are sent to war by a president, but they don't 

13  even have the opportunity to vote for him.

14               But today Senator Larkin decided to 

15  recognize, through this resolution, the 

16  65th Infantry Regiment of Puerto Rico.  That's -- 

17  that's -- that's big.  That is something that no 

18  one ever has talked about.  Because the 65th 

19  Infantry Regiment of Puerto Rico is the pride of 

20  Puerto Rico.  

21               In the 10 years that I have been in 

22  this chamber, we have recognized everybody, every 

23  ethnic group, every other group except 

24  Puerto Ricans and these people.  

25               Today Senator Larkin has decided to 

                                                               4474

 1  bring this to the floor.  The Borinqueneers, 

 2  through their service in World War I and 

 3  World War II and most notably the Korean War, 

 4  served with distinction, participated in nine 

 5  major campaigns, and earned the respect and 

 6  admiration of their fellow soldiers and military 

 7  authorities, most notably General Douglas 

 8  MacArthur.  The 65th Infantry Borinqueneers 

 9  earned two United States Presidential Unit 

10  Citations, a Meritorious Unit Commendation, and 

11  two Republic of Korea Unit Citations, and 

12  individual members earned 10 Distinguished 

13  Service Crosses, 421 Silver Stars, and 156 Bronze 

14  Stars.  

15               Although more than 20,000 Puerto 

16  Ricans have served courageously as Borinqueneers 

17  since World War I, their contribution and 

18  sacrifices have gone largely unnoticed until 

19  today.

20               Thank you, Ruben Estrada.  You 

21  always have been fighting, doing something, and 

22  trying to get our people to be recognized.  And 

23  thank you, Senator Larkin, for this resolution.  

24               And ladies and gentlemen, as a 

25  Puerto Rican -- and you don't know, 

                                                               4475

 1  Mr. President, how proud I am today to be a 

 2  member of this chamber when this chamber 

 3  recognizes the 65th Infantry Regiment of 

 4  Puerto Rico, composed of all Puerto Rican heroes, 

 5  Puerto Rican heroes.  And today we all know them.

 6               Senator Larkin, thank you very 

 7  much.  God bless you for this gesture.  You'll 

 8  always be my number one, due to the fact that I 

 9  already took Senator DeFrancisco out of that 

10  position.

11               (Laughter.)

12               SENATOR DIAZ:   So thank you, 

13  Senator Larkin.  And thank you, Mr. President.

14               ACTING PRESIDENT ROBACH:   Thank 

15  you, Senator Diaz.

16               Seeing no other Senator wishing to 

17  be heard, the question is on the resolution.  All 

18  those in favor signify by saying aye.

19               (Response of "Aye.")

20               ACTING PRESIDENT ROBACH:   Opposed, 

21  nay.

22               (No response.)

23               ACTING PRESIDENT ROBACH:   The 

24  resolution is adopted.

25               (Applause.)

                                                               4476

 1               ACTING PRESIDENT ROBACH:   And 

 2  before I go to Senator DeFrancisco, as we tout 

 3  the great Borinqueneers and Hispanic military 

 4  unit, let me also wish José Marcos Serrano, our 

 5  youthful member, a happy 40th birthday.  

 6               (Applause.)

 7               ACTING PRESIDENT ROBACH:   Senator 

 8  DeFrancisco.

 9               SENATOR DeFRANCISCO:   Senator 

10  Larkin would like to open up the resolution to 

11  all members.  And if you choose not to, simply go 

12  to the desk and say you do not.  Otherwise you'll 

13  be a cosponsor.

14               ACTING PRESIDENT ROBACH:    

15  Resolution 5375 is open for cosponsorship.  If 

16  you wish not to be on the resolution, please 

17  notify the desk.

18               Senator DeFrancisco.  

19               SENATOR DeFRANCISCO:   There's also 

20  a resolution at the desk by Senator Perkins, 

21  Resolution Number 5477.  I ask that it be read in 

22  its entirety and ask for its immediate adoption.

23               ACTING PRESIDENT ROBACH:   The 

24  Secretary will read.

25               THE SECRETARY:   Legislative 

                                                               4477

 1  Resolution Number 5477, by Senator Perkins, 

 2  mourning the death of civil rights and labor 

 3  pioneer Dr. Annie B. Martin.  

 4               "WHEREAS, It is the custom of this 

 5  Legislative Body to pay tribute to citizens of 

 6  the State of New York whose lifework and civic 

 7  endeavor served to enhance the quality of life in 

 8  their communities and the great State of 

 9  New York; and 

10               "WHEREAS, Dr. Annie Martin died on 

11  Tuesday, June 12, 2012; she was a longtime member 

12  of the Black Trade Unionists Association's  

13  National Board of Directors; and 

14               "WHEREAS, Dr. Annie Martin was a 

15  tireless leader in the labor and civil rights 

16  movements; she served 15 terms as the president 

17  of the New York City Branch of the NAACP and, 

18  since 1993, sat on the NAACP National Board of 

19  Directors; and 

20               "WHEREAS, A preeminent voice in the 

21  U.S. labor movement, Dr. Annie Martin served with 

22  the New York City Central Labor Council as first 

23  vice president of the Black Trade Unionists 

24  Leadership Committee, and as a member of the 

25  New York City Coalition of Labor Union Women.  In 

                                                               4478

 1  addition, she served as State Assistant  

 2  Commissioner of Labor under Governors 

 3  Rockefeller, Wilson and Carey; and 

 4               "WHEREAS, As secretary-treasurer  

 5  of Local 8-138 Oil, Chemical and Atomic Workers 

 6  Union, Dr. Annie Martin was one of the first 

 7  women to hold high office in the labor movement; 

 8  and 

 9               "WHEREAS, Dr. Annie Martin was 

10  fearless as she was unwavering in her love for 

11  the downtrodden.  She was also an adjunct 

12  professor at Columbia, Fordham and New York 

13  Universities; and 

14               "WHEREAS, Dr. Annie Martin's 

15  history in both movements dates to her 

16  childhood.  She was introduced as a young girl to 

17  A. Philip Randolph, an associate of her father's 

18  and the founder of the International Brotherhood 

19  of Sleeping Car Porters, as well as an architect 

20  of the 1963 March on Washington.  Dr. Martin said 

21  she understood from an early age the ties between 

22  the rights of workers and the civil rights 

23  movement; and 

24               "WHEREAS, A native of Eastover, 

25  South Carolina, Dr. Annie Martin's long and 

                                                               4479

 1  illustrious career in civil rights, labor and 

 2  community affairs has won her over 200 awards, 

 3  including the honorary Doctor of Humane Letters 

 4  from Claflin College in Orangeburg, South 

 5  Carolina, and she was one of the first to receive 

 6  the coveted national Ellis Island Medal of 

 7  Honor.  In addition, she was the first to accept 

 8  the Celebrate Africa Foundation's Humanitarian 

 9  Award and was notably recognized as a member of 

10  Who's Who In Black America; and 

11               "WHEREAS, Dr. Annie Martin was 

12  Director of Labor Participation for the American 

13  Red Cross in Greater New York.  She was on duty 

14  seven days a week after the terrorist attack on 

15  America on September 11, 2001, serving as the 

16  liaison between labor and the Red Cross, along 

17  with the fire and police departments; and 

18               "WHEREAS, A graduate of Allen 

19  University in Columbia, South Carolina, Dr. Annie 

20  Martin earned master's degrees in both social 

21  work and guidance counseling from New York  

22  University.  She was a proud and distinguished 

23  member of the First African Methodist Episcopal 

24  Church:  Bethel-Harlem; and 

25               "WHEREAS, Dr. Annie Martin 

                                                               4480

 1  distinguished herself in her profession and by 

 2  her sincere dedication and substantial 

 3  contribution to the welfare of her community; and   

 4               "WHEREAS, Dr. Annie Martin's 

 5  commitment to excellence, and her spirit of 

 6  humanity, carried over into all fields of 

 7  enterprise, including charitable and civic 

 8  endeavors; and 

 9               "WHEREAS, Armed with a humanistic 

10  spirit and imbued with a sense of compassion, 

11  Dr. Annie Martin leaves behind a legacy which 

12  will long endure the passage of time and will 

13  remain as a comforting memory to all she served 

14  and befriended; now, therefore, be it 

15               "RESOLVED, That this Legislative 

16  Body pause in its deliberations to mourn the 

17  death of civil rights and labor pioneer Dr. Annie  

18  B. Martin; and be it further 

19               "RESOLVED, That a copy of this 

20  resolution, suitably engrossed, be transmitted to 

21  the family of Dr. Annie B. Martin."

22               ACTING PRESIDENT ROBACH:   Senator 

23  Perkins on your resolution.

24               SENATOR PERKINS:   Thank you very 

25  much.

                                                               4481

 1               Chief Dr. Annie B. Martin served 

 2  30 years as president of the New York branch of 

 3  the NAACP.  Her service of 30 years was a 

 4  "marathon for civil rights, labor rights and 

 5  justice."  I was honored to serve with her for 

 6  those 30 years as a board member and give her 

 7  credit for the career I have been honored to have 

 8  as an elected official with a progressive point 

 9  of view that I bring to my work, such as the 

10  DREAM Act and the fight to end stop-and-frisk 

11  policies that involve racial profiling that are 

12  presently being reviewed by the Justice 

13  Department.

14               I want to thank the Senate for the 

15  moment of silence in her honor last week and for 

16  today's resolution.  I hope in her memory we can 

17  continue to legislate for the race for justice 

18  and equality as well as labor rights.  

19               Thank you very much.

20               ACTING PRESIDENT ROBACH:   Thank 

21  you, Senator Perkins.

22               Senator Peralta on the resolution.

23               SENATOR PERALTA:   Thank you, 

24  Mr. President.  

25               I worked with Annie B. Martin -- 

                                                               4482

 1  Annie B., as she was called -- at the Central 

 2  Labor Council on various projects for many 

 3  years.  Annie B. was so much to so many people:  

 4  a leader, a visionary, a mentor, a walking 

 5  encyclopedia, a trailblazer, a pioneer.  But to 

 6  me, she was a giant, because she was an ordinary 

 7  person who lived an extraordinary life and 

 8  humbled anyone she came across.  

 9               She walked among giants.  And 

10  anyone who knew her would experience her stories, 

11  her fascinating stories of who she marched with, 

12  who she spoke to, who she hung out with that 

13  would later become power brokers in the civil 

14  rights movement or the labor movement in general, 

15  and how they shaped her life and in turn inspired 

16  her to shape the lives of many, many others.

17               She amazed me with her energy, her 

18  dignity, her determination while being of an 

19  elderly age.  And if anyone knew Annie B., you 

20  didn't mess with Annie B. Martin.  She was an 

21  amazing individual, an amazing woman that was 

22  ahead of her time and touched the lives of all 

23  that she encountered.  Annie B. Walked among 

24  giants and, by doing so, became a giant herself 

25  along with the way.

                                                               4483

 1               Thank you, Annie B. Martin, for all 

 2  your wisdom and knowledge.  You will never be 

 3  forgotten.

 4               Thank you, Mr. President.

 5               ACTING PRESIDENT ROBACH:   Thank 

 6  you, Senator Peralta.

 7               Seeing no other Senator wishing to 

 8  be heard, the question is on the resolution.  All 

 9  those in favor signify by saying aye.

10               (Response of "Aye.")

11               ACTING PRESIDENT ROBACH:   Opposed, 

12  nay.

13               (No response.)

14               ACTING PRESIDENT ROBACH:   The 

15  resolution is adopted.

16               Senator DeFrancisco.

17               SENATOR DeFRANCISCO:   Senator 

18  Perkins would like to open this resolution for 

19  cosponsorship.  And those that do not want to be 

20  on the resolution should approach the desk.

21               ACTING PRESIDENT ROBACH:   The 

22  resolution will be open for the entire chamber.  

23  Anyone wishing not to be on the resolution please 

24  signify at the desk.

25               Senator DeFrancisco.

                                                               4484

 1               SENATOR DeFRANCISCO:   There's also 

 2  a resolution by Senator Serrano at the desk, 

 3  Number 5437.  I ask that the title only be read 

 4  and ask for its immediate adoption.

 5               ACTING PRESIDENT ROBACH:   The 

 6  Secretary will read the title.

 7               THE SECRETARY:   Legislative 

 8  Resolution Number 5437, by Senator Serrano, 

 9  paying tribute to the life and accomplishments of 

10  Yolanda Sanchez, distinguished citizen and 

11  devoted member of her community.

12               ACTING PRESIDENT ROBACH:   Senator 

13  Serrano on the resolution.

14               SENATOR SERRANO:   Thank you very 

15  much, Mr. President.

16               On June 11th of 2012, the East 

17  Harlem community and all of New York City 

18  experienced a huge loss in the passing of 

19  community activist and Puerto Rican icon Yolanda 

20  Sanchez.  

21               Yolanda was a true trailblazer in 

22  the East Harlem community.  She fought for 

23  equality and justice for all races and genders, 

24  regardless of social status.  She served not only 

25  as an example but as an inspiration to everyone 

                                                               4485

 1  who knew her.  Her commitment to service is what 

 2  led many of our current generation of leaders to 

 3  get involved in social and public service.  She 

 4  was a fierce fighter for her community.

 5               Yolanda was best known as a 

 6  long-time community activist.  But in addition to 

 7  that, she was an author, educator, social worker, 

 8  community organizer, and an outstanding 

 9  administrator.  Yolanda was a driving force in 

10  various organizations aimed as improving the East 

11  Harlem community, and her list of accomplishments 

12  is only exceeded by the number of people whose 

13  lives she touched.

14               Yolanda was a graduate of City 

15  College and of the Columbia University School of 

16  Social Work as well as a National Urban Fellow at 

17  Harvard University.  She was the executive 

18  director of the Puerto Rican Association for 

19  Community Affairs, an organization she helped to 

20  create.

21               Most importantly, throughout her 

22  life Yolanda Sanchez never lost her strong and 

23  unwavering commitment to helping her community 

24  move forward.  She was the founding member and 

25  later president of the National Latinas Caucus, 

                                                               4486

 1  former president of the East Harlem Council for 

 2  Human Services, and former director of CUNY's 

 3  Office of Puerto Rican Programs.  

 4               Yolanda was also instrumental in 

 5  the creation of three major institutions for the 

 6  poor and working class of East Harlem:  Taino 

 7  Towers housing, Boriken Health Center, and Casabe 

 8  Houses for the elderly.

 9               Yolanda dedicated her life to 

10  achieving equality for underserved communities, 

11  equality for women, and to the empowerment of 

12  future generations.  She truly led an incredible 

13  life, and I'm very grateful for all she has 

14  accomplished.  

15               Yolanda is part of a generation of 

16  people we know as pioneers -- pioneers in the 

17  Puerto Rican community, pioneers in the 

18  East Harlem community -- who fought at a time 

19  when it was very difficult for Latinos in general 

20  and Puerto Ricans in particular to get their foot 

21  in the door, to get a seat at the table, to be 

22  able to help shape policy that can create 

23  community empowerment.  

24               She fought these battles.  She 

25  fought them well.  And she never stopped 

                                                               4487

 1  fighting.  And because of her courageousness, 

 2  people like myself are here in this chamber.  

 3  There are many other Latinos, many other 

 4  Puerto Ricans who owe a debt of gratitude to 

 5  Yolanda Sanchez for being the fierce fighter that 

 6  she was.  And we all pay respect and tribute to 

 7  her.

 8               Thank you.

 9               ACTING PRESIDENT ROBACH:   Thank 

10  you, Senator Serrano.

11               Senator Perkins on the resolution.

12               SENATOR PERKINS:   Thank you very 

13  much.

14               I just want to briefly identify 

15  myself with the remarks of my colleague Senator 

16  Serrano with regard to Dr. Yolanda Sanchez, who 

17  was a trailblazer, a real trailblazer in the 

18  East Harlem community, especially during a period 

19  when a great amount of educational reform 

20  policies were being discussed in New York City.  

21               And one of which was a real 

22  landmark achievement for her, especially when we 

23  talk about schools like Central Park East and 

24  other schools within that neighborhood that 

25  offered all types of progressive, specialized 

                                                               4488

 1  programs that provided the community with a great 

 2  deal of opportunities.  This was long before the 

 3  charter movement began to corrupt those 

 4  particular opportunities and privatize the public 

 5  school process.

 6               She was a staunch advocate for 

 7  women's rights, especially at a time when one did 

 8  not think of Latina women as being involved in 

 9  such.  

10               I was very honored to have worked 

11  with her in the community for over 30 years, and 

12  I'm honored to be a part of this resolution that 

13  recognizes her great achievements, especially in 

14  the most difficult of times for that community.

15               Thank you very much.

16               ACTING PRESIDENT ROBACH:   Thank 

17  you, Senator Perkins.

18               Senator Rivera on the resolution.

19               SENATOR RIVERA:   Thank you, 

20  Mr. President.

21               I stand to join my voice to Senator 

22  Serrano, Senator Perkins, and my colleagues here 

23  to honor the life and work of Yolanda.  

24               The most basic thing that we can do 

25  is recognize, for those of us that just got here 

                                                               4489

 1  recently, in the last couple of years -- for 

 2  those of you -- you just turned 40 today.  Happy 

 3  birthday on that, my friend.  Some of us are a 

 4  little bit younger, but we just got here 

 5  recently.

 6               We have to recognize that we would 

 7  not be here were it not for pioneers like 

 8  Yolanda, somebody whose work is going to continue 

 9  even though she has passed.  It will continue in 

10  the work of Senators like Senator Serrano or 

11  Senator Diaz or Senator Peralta, Senator 

12  Espaillat, myself -- who, again, would not have 

13  had the opportunity to be here were it not for 

14  her.

15               And it's also very telling that it 

16  is a Latina woman, a wise Latina woman who was 

17  the one that carved a path for the rest of us.

18               So I wanted to stand, 

19  Mr. President, to offer my condolences to her 

20  family, but most importantly to just say that 

21  this resolution is only one small token of 

22  recognition to the work that she has done over 

23  the years and how her example is something that 

24  we're going to follow, and based on which we're 

25  going to continue to do the work that we need to 

                                                               4490

 1  do in the Latino community to make us better 

 2  every single day.

 3               Thank you, Mr. President.

 4               ACTING PRESIDENT ROBACH:   Thank 

 5  you, Senator Rivera.

 6               Seeing no other Senator wishing to 

 7  be heard, the question is on the resolution.  All 

 8  those in favor signify by saying aye.

 9               (Response of "Aye.")

10               ACTING PRESIDENT ROBACH:   Opposed, 

11  nay.

12               (No response.)

13               ACTING PRESIDENT ROBACH:   The 

14  resolution is adopted.

15               Senator Libous.  

16               SENATOR LIBOUS:   Thank you, 

17  Mr. President.  We have a couple more 

18  resolutions.  

19               If at this time we can take up 

20  Resolution 5395, by Senator Sampson.  Could we 

21  have the title read and move for its immediate 

22  adoption.

23               ACTING PRESIDENT ROBACH:   The 

24  Secretary will read the title.

25               THE SECRETARY:   Legislative 

                                                               4491

 1  Resolution Number 5395, by Senator Sampson, 

 2  memorializing Governor Andrew M. Cuomo to 

 3  proclaim June 2012 as Caribbean American Heritage 

 4  Month in the State of New York.  

 5               ACTING PRESIDENT ROBACH:   All 

 6  those in favor of the resolution signify by 

 7  saying aye.

 8               (Response of "Aye.")

 9               ACTING PRESIDENT ROBACH:   Opposed, 

10  nay.

11               (No response.)

12               ACTING PRESIDENT ROBACH:   The 

13  resolution is adopted.

14               SENATOR LIBOUS:   Mr. President, 

15  Senator Sampson would like to open that 

16  resolution up to all members.  So as our policy 

17  goes, if a member does not wish to be on that 

18  resolution, that they should let the desk know.

19               ACTING PRESIDENT ROBACH:   All 

20  members will be on the resolution unless they 

21  signify otherwise at the front desk.

22               Senator Libous.  

23               SENATOR LIBOUS:   Thank you, 

24  Mr. President.  

25               We have another resolution, by 

                                                               4492

 1  Senator Klein.  It is Number 5459.  Could we have 

 2  the title read.

 3               ACTING PRESIDENT ROBACH:   The 

 4  Secretary will read the title.

 5               THE SECRETARY:   Legislative 

 6  Resolution Number 5459, by Senator Klein, 

 7  commending Kaitlin Monte for her many outstanding 

 8  achievements and accomplishments and for bringing 

 9  pride to the State of New York.

10               ACTING PRESIDENT ROBACH:   The 

11  question is on the resolution.  All those in 

12  favor signify by saying aye.

13               (Response of "Aye.")

14               ACTING PRESIDENT ROBACH:   Opposed, 

15  nay.

16               (No response.)

17               ACTING PRESIDENT ROBACH:   The 

18  resolution is adopted.

19               Senator Libous.  

20               SENATOR LIBOUS:   Thank you, 

21  Mr. President.  

22               Senator Klein would also like to 

23  open that up to all the members of the chamber.  

24  And as the policy goes, if you wish not to be on 

25  the resolution, to let the desk know.

                                                               4493

 1               ACTING PRESIDENT ROBACH:   So 

 2  noted.  The resolution is open for cosponsorship.  

 3  If you wish not to be on the resolution, please 

 4  inform the desk. 

 5               Senator Libous.

 6               SENATOR LIBOUS:   At this point, 

 7  Mr. President, may we return to the reports of 

 8  standing committees.  I believe there's a report 

 9  of the Rules Committee at the desk.

10               ACTING PRESIDENT ROBACH:   Reports 

11  of standing committees.  

12               The Secretary will read the report 

13  of the Rules Committee.  

14               THE SECRETARY:   Senator Skelos, 

15  from the Committee on Rules, reports the 

16  following bills:  

17               Senate Print 3739A, by Senator 

18  LaValle, an act to amend the Not-For-Profit 

19  Corporation Law; 

20               3804A, by Senator Ball, an act to 

21  amend the Agriculture and Markets Law; 

22               4268C, by Senator LaValle, an act 

23  to amend the Education Law; 

24               5189, by Senator Avella, an act to 

25  amend the Correction Law; 

                                                               4494

 1               5900C, by Senator Young, an act to 

 2  amend the Real Property Tax Law; 

 3               6478, by Senator Bonacic, an act to 

 4  amend the Local Finance Law; 

 5               6751A, by Senator Carlucci, an act 

 6  to create the Orangetown Public Library; 

 7               6769B, by Senator Flanagan, an act 

 8  to amend the Public Health Law; 

 9               6969A, by Senator Young, an act to 

10  amend the Public Health Law; 

11               6971A, by Senator Grisanti, an act 

12  to amend the General Business Law; 

13               7092, by Senator Zeldin, an act to 

14  amend the Civil Practice Law and Rules; 

15               7532, by Senator Gallivan, an act 

16  to amend the Public Authorities Law; 

17               7537A, by Senator Johnson, an act 

18  to amend the Public Authorities Law; 

19               7550A, by Senator Ritchie, an act 

20  to authorize the Village of Deferiet; 

21               7569, by Senator Griffo, an act to 

22  amend the Correction Law; 

23               7577A, by Senator Gallivan, an act 

24  to amend the Vehicle and Traffic Law;

25               7589A, by Senator Savino, an act to 

                                                               4495

 1  amend the Family Court Act; 

 2               7595A, by Senator Fuschillo, an act 

 3  to amend the General Business Law; 

 4               7602, by Senator Hannon, an act to 

 5  amend the Public Health Law; 

 6               7607, by Senator Klein, an act 

 7  authorizing a real property tax exemption; 

 8               7608, by Senator Flanagan, an act 

 9  to amend Chapter 352 of the Laws of 2005; 

10               7613, by Senator Lanza, an act to 

11  amend Chapter 890 of the Laws of 1982; 

12               7621, by Senator Griffo, an act in 

13  relation to the conveyance; 

14               7631B, by Senator Ritchie, an act 

15  to amend the Highway Law; 

16               7640A, by Senator Golden, an act to 

17  amend the Real Property Tax Law; 

18               7647, by Senator Young, an act to 

19  authorize; 

20               7654A, by Senator Little, 

21  Concurrent Resolution of the Senate and Assembly; 

22               7660, by Senator Little, Concurrent 

23  Resolution of the Senate and Assembly; 

24               7668, by Senator DeFrancisco, an 

25  act to amend the Vehicle and Traffic Law; 

                                                               4496

 1               7671, by Senator Libous, an act to 

 2  amend the Social Services Law; 

 3               7681, by Senator Fuschillo, an act 

 4  to authorize; 

 5               7688, by Senator Ritchie, an act to 

 6  amend the Penal Law; 

 7               7690, by Senator Fuschillo, an act 

 8  to amend the General Business Law; 

 9               7694, by Senator DeFrancisco, an 

10  act to authorize; 

11               7718A, by Senator Flanagan, an act 

12  to amend the Education Law; 

13               7720, by Senator Golden, an act to 

14  amend the Penal Law; 

15               7733, by Senator Marcellino, an act 

16  to amend the Tax Law; 

17               7593, by Senator Maziarz, an act to 

18  amend the Town Law; 

19               7601, by Senator Oppenheimer, an 

20  act to authorize; 

21               7606A, by Senator Breslin, an act 

22  to authorize;

23               7656A, by Senator Little, an act to 

24  amend the Highway Law; 

25               7674, by Senator McDonald, an act 

                                                               4497

 1  to amend the Highway Law; 

 2               7699, by Senator Young, an act to 

 3  amend the Parks, Recreation and Historic 

 4  Preservation Law;

 5               7704, by Senator Ball, an act to 

 6  amend the Highway Law; 

 7               7706A, by Senator Martins, an act 

 8  in relation to authorizing; 

 9               7739, by Senator O'Mara, an act to 

10  amend the Highway Law; 

11               7742, by Senator Golden, an act to 

12  amend the Penal Law; 

13               And Senate 7744, by Senator Skelos, 

14  an act to amend the Racing, Pari-Mutuel Wagering 

15  and Breeding Law.

16               All bills reported direct to third 

17  reading.

18               ACTING PRESIDENT ROBACH:   Senator 

19  Libous.

20               SENATOR LIBOUS:   Move to accept 

21  the report of the Rules Committee.

22               ACTING PRESIDENT ROBACH:   The 

23  question is to accept the Rules Committee 

24  report.  All in favor signify by saying aye.

25               (Response of "Aye.")

                                                               4498

 1               ACTING PRESIDENT ROBACH:   Opposed, 

 2  nay.

 3               (No response.)

 4               ACTING PRESIDENT ROBACH:   The 

 5  Rules report is accepted.

 6               Senator Libous.

 7               SENATOR LIBOUS:   Thank you, 

 8  Mr. President.  

 9               Could we go back to motions and 

10  resolutions.  I have some housekeeping here 

11  before we attack the active list.

12               ACTING PRESIDENT ROBACH:   Motions 

13  and resolutions.  

14               Senator Libous.

15               SENATOR LIBOUS:   Thank you, 

16  Mr. President.  

17               On behalf of Senator Golden, I 

18  would like to call up his bill, Print 2147A.  It 

19  is recalled from the Assembly, and I believe it 

20  is now at the desk.

21               ACTING PRESIDENT ROBACH:   The 

22  Secretary will read.

23               THE SECRETARY:   Calendar Number 

24  813, by Senator Golden, Senate Print 2147A, an 

25  act to amend the Public Health Law.

                                                               4499

 1               SENATOR LIBOUS:   I now move to 

 2  reconsider the vote by which this bill was 

 3  passed.

 4               ACTING PRESIDENT ROBACH:   Call the 

 5  roll on reconsideration.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 59.

 8               SENATOR LIBOUS:   I offer up the 

 9  following amendments.

10               ACTING PRESIDENT ROBACH:   The 

11  amendments are received.

12               SENATOR LIBOUS:   Mr. President, on 

13  behalf of Senator Zeldin, I would like to call up 

14  his bill, Senate Print 5634E, recalled from the 

15  Assembly, which is now at the desk.

16               ACTING PRESIDENT ROBACH:   The 

17  Secretary will read.

18               THE SECRETARY:   Calendar Number 

19  358, by Senator Zeldin, Senate Print 5634E, an 

20  act to amend the General Municipal Law.

21               SENATOR LIBOUS:   Mr. President, if 

22  we could reconsider the vote by which this bill 

23  was passed.

24               ACTING PRESIDENT ROBACH:   Call the 

25  roll on reconsideration.

                                                               4500

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 59.

 3               SENATOR LIBOUS:   Mr. President, I 

 4  offer up the following amendments.

 5               ACTING PRESIDENT ROBACH:   The 

 6  amendments are received.

 7               SENATOR LIBOUS:   And, 

 8  Mr. President, on behalf of you, on page 20 I 

 9  offer the following amendments to Calendar Number 

10  634, Senate Print 3749D, and ask that said bill 

11  retain its place on the Third Reading Calendar.

12               ACTING PRESIDENT ROBACH:   The 

13  amendments are received.  

14               SENATOR LIBOUS:   Mr. President, at 

15  this time could we please take up today's active 

16  list and have the noncontroversial reading of it.

17               ACTING PRESIDENT ROBACH:   The 

18  Secretary will read.

19               THE SECRETARY:   Calendar Number 

20  112, substituted earlier by Member of the 

21  Assembly Gantt, Assembly Print Number 7574A, an 

22  act to amend the Vehicle and Traffic Law.

23               ACTING PRESIDENT ROBACH:   Read the 

24  last section.

25               THE SECRETARY:   Section 2.  This 

                                                               4501

 1  act shall take effect on the 30th day.

 2               ACTING PRESIDENT ROBACH:   Call the 

 3  roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 59.

 6               ACTING PRESIDENT ROBACH:   The bill 

 7  is passed.

 8               THE SECRETARY:   Calendar Number 

 9  172, by Senator DeFrancisco, Senate Print 2542, 

10  an act to amend the Vehicle and Traffic Law.

11               ACTING PRESIDENT ROBACH:   Read the 

12  last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect on the first of January.

15               ACTING PRESIDENT ROBACH:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               ACTING PRESIDENT ROBACH:   Announce 

19  the results.

20               THE SECRETARY:   In relation to 

21  Calendar 172, those recorded in the negative are 

22  Senators Ball, Carlucci, Diaz, Klein, Maziarz, 

23  Ranzenhofer, Savino, Seward, Squadron, Valesky 

24  and Zeldin.  Also Senator Hassell-Thompson.

25               ACTING PRESIDENT ROBACH:   Announce 

                                                               4502

 1  the new results.

 2               We are on Calendar 172, and I would 

 3  ask members to please cast their votes so we can 

 4  move on with the calendar.

 5               ACTING PRESIDENT GRIFFO:   Results.

 6               THE SECRETARY:   In relation to 

 7  Calendar Number 172, those recorded in the 

 8  negative are Senators Adams, Ball, Carlucci, 

 9  Diaz, Griffo, Grisanti, Hassell-Thompson, 

10  Kennedy, Klein, LaValle, Maziarz, Montgomery, 

11  Perkins, Ranzenhofer, Saland, Savino, Serrano, 

12  Seward, Squadron, Valesky and Zeldin.  Also 

13  Senator Marcellino.  Also Senator O'Mara.

14               Ayes, 36.  Nays, 23.

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  267, by Senator Griffo, Senate Print 2488B, an 

19  act to amend the Penal Law.

20               ACTING PRESIDENT GRIFFO:   Read the 

21  last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT GRIFFO:   Call the 

25  roll.

                                                               4503

 1               (The Secretary called the roll.)

 2               SENATOR LIBOUS:   At the request of 

 3  the Minority, please lay the bill aside.

 4               ACTING PRESIDENT GRIFFO:   Lay it 

 5  aside.  

 6               THE SECRETARY:   Calendar Number 

 7  328, by Senator Ball --

 8               SENATOR LIBOUS:   Lay it aside for 

 9  the day.

10               ACTING PRESIDENT GRIFFO:   Lay the 

11  bill aside for the day.

12               THE SECRETARY:   Calendar Number 

13  357, substituted earlier by Member of the 

14  Assembly Magnarelli, Assembly Print Number 8823A, 

15  an act to repeal certain provisions of the 

16  General Municipal Law.

17               ACTING PRESIDENT GRIFFO:   Read the 

18  last section.

19               THE SECRETARY:   Section 193.  This 

20  act shall take effect on the 60th day.

21               ACTING PRESIDENT GRIFFO:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 59.

25               ACTING PRESIDENT GRIFFO:   The bill 

                                                               4504

 1  is passed.

 2               THE SECRETARY:   Calendar Number 

 3  395, by Senator Ranzenhofer, Senate Print --

 4               SENATOR BRESLIN:   Lay it aside.

 5               ACTING PRESIDENT GRIFFO:   Lay it 

 6  aside.

 7               THE SECRETARY:   Calendar Number 

 8  475, substituted earlier by Member of the 

 9  Assembly Quart, Assembly Print 10391A, an act to 

10  amend the Insurance Law.

11               ACTING PRESIDENT GRIFFO:   Read the 

12  last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect immediately.

15               ACTING PRESIDENT GRIFFO:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 58.  Nays, 

19  1.  Senator Duane recorded in the negative.

20               ACTING PRESIDENT GRIFFO:   The bill 

21  is passed.

22               THE SECRETARY:   Calendar Number 

23  501, substituted earlier by Member of the 

24  Assembly Nolan, Assembly Print Number 7823B, an 

25  act to amend the Education Law.

                                                               4505

 1               ACTING PRESIDENT GRIFFO:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT GRIFFO:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   In relation to 

 9  Calendar Number 501, those recorded in the 

10  negative are Senators Avella, Gianaris, 

11  Montgomery, Peralta, Rivera and Serrano.

12               Ayes, 53.  Nays, 6.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  553, by Senator LaValle, Senate Print 3357A, an 

17  act to amend the Village Law.

18               ACTING PRESIDENT GRIFFO:   Read the 

19  last section.

20               THE SECRETARY:   Section 3.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT GRIFFO:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 59.

                                                               4506

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  577, by Senator Bonacic, Senate Print 2139A, an 

 5  act to amend the State Finance Law.

 6               ACTING PRESIDENT GRIFFO:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT GRIFFO:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 59.

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is passed.

16               THE SECRETARY:   Calendar Number 

17  610, substituted earlier by Member of the 

18  Assembly Brennan, Assembly Print Number 9857A, an 

19  act to amend the Public Authorities Law.

20               ACTING PRESIDENT GRIFFO:   Read the 

21  last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT GRIFFO:   call the 

25  roll.

                                                               4507

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 59.

 3               ACTING PRESIDENT GRIFFO:   The bill 

 4  is passed.

 5               THE SECRETARY:   Calendar Number 

 6  631, by Senator Martins, Senate Print 4494, an 

 7  act to amend the Agriculture and Markets Law.

 8               ACTING PRESIDENT GRIFFO:   Read the 

 9  last section.

10               THE SECRETARY:   Section 3.  This 

11  act shall take effect on the 60th day.

12               ACTING PRESIDENT GRIFFO:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 59.

16               ACTING PRESIDENT GRIFFO:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  663, by Senator Seward, Senate Print 3057B, an 

20  act to amend the Insurance Law.

21               ACTING PRESIDENT GRIFFO:   Read the 

22  last section.

23               THE SECRETARY:   Section 3.  This 

24  act shall take effect January 1, 2013.

25               ACTING PRESIDENT GRIFFO:   Call the 

                                                               4508

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 59.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  664, by Senator Huntley, Senate Print 3064, an 

 8  act to amend the Executive Law.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 3.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 59.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  706, by Senator Lanza, Senate Print 2940, an act 

21  to amend the Penal Law.

22               ACTING PRESIDENT GRIFFO:   Read the 

23  last section.

24               THE SECRETARY:   Section 4.  This 

25  act shall take effect on the 60th day.

                                                               4509

 1               ACTING PRESIDENT GRIFFO:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Hassell-Thompson to explain her vote.

 6               SENATOR HASSELL-THOMPSON:   Thank 

 7  you, Mr. President.

 8               I would just like to indicate that 

 9  there are several bills of this type that have 

10  come to the floor.  I believe that this is a 

11  better piece of legislation than we've had in 

12  front of this chamber, because this bill brings 

13  the state closer to addressing criminal gangs and 

14  criminal gang activities, which is not only a 

15  serious public safety issue but is a costly 

16  public health problem as well.

17               Gang crime has accelerated since 

18  the '70s and '80s as a result of the increasing 

19  access and use of firearms.  Federal law defines 

20  gang crime to be a conspiracy to commit or 

21  commission of a felony crime.  New York State 

22  should embrace, mirror, emulate other states, 

23  including New Jersey, which specify that the 

24  criminal gang enterprises are involved in a 

25  commission or attempt to commit felony crimes.  

                                                               4510

 1               This is an important distinction in 

 2  light of such policies like "stop and frisk" that 

 3  are being implemented in the City of New York.

 4               Prevention and intervention 

 5  programs such as SNUG are the keys to reducing 

 6  and eliminating organized criminal enterprises 

 7  that lead to violence in many of our urban 

 8  communities.

 9               I encourage us to move closer and 

10  closer to the federal definition, and I will be 

11  voting aye on this bill today.

12               ACTING PRESIDENT GRIFFO:   Senator 

13  Hassell-Thompson to be recorded in the 

14  affirmative.

15               Senator Parker to explain his vote.

16               SENATOR PARKER:   Thank you, 

17  Mr. President.  To explain my vote.

18               Let me first congratulate my good 

19  friend Senator Andrew Lanza on this legislation.  

20  He certainly has his heart in the right place, 

21  and he certainly I know has good intentions in 

22  terms of what we're all dealing with, 

23  particularly in the City of New York, as relates 

24  to a rising gang population.  

25               As I've indicated before on the 

                                                               4511

 1  floor, I don't think that adjudicating our young 

 2  people is the way that we resolve this.  In 

 3  New York City we have gone to an educational 

 4  system that teaches to the test, that doesn't 

 5  engage our young people.  We have eliminated 

 6  music, art, athletics and dance as regular parts 

 7  of the curriculum.  We don't have, you know, 

 8  JV programs, we don't have after-school 

 9  programs.  

10               We certainly need to be doing a 

11  better job in engaging our young people.  Because 

12  when we don't engage them, then the streets 

13  certainly will.  And so instead of, you know, 

14  raising penalties that we know don't work to stop 

15  people from doing activities, let's give them on 

16  alternative.  

17               And currently there are no 

18  alternatives for our young people.  I'd like to 

19  see some of those alternatives come to the 

20  floor.  And so for that reason, I reluctantly am 

21  voting nay on this bill.

22               ACTING PRESIDENT GRIFFO:   Senator 

23  Parker to be recorded in the negative.

24               Announce the results.

25               THE SECRETARY:   In relation to 

                                                               4512

 1  Calendar Number 706, those recorded in the 

 2  negative are Senators Duane, Krueger, Montgomery, 

 3  Parker, Perkins and Rivera.

 4               Ayes, 53.  Nays, 6.

 5               ACTING PRESIDENT GRIFFO:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  720, by Senator Golden, Senate Print 2174A, an 

 9  act to amend the Elder Law.

10               ACTING PRESIDENT GRIFFO:   Read the 

11  last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect immediately.

14               ACTING PRESIDENT GRIFFO:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 59.

18               ACTING PRESIDENT GRIFFO:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  771, substituted earlier by Member of the 

22  Assembly Lavine, Assembly Print 9274B, an act to 

23  amend the State Administrative Procedure Act.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               4513

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT GRIFFO:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 59.

 7               ACTING PRESIDENT GRIFFO:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  775, by Senator Marcellino, Senate Print 927, an 

11  act to amend the Vehicle and Traffic Law.

12               ACTING PRESIDENT GRIFFO:   Read the 

13  last section.

14               THE SECRETARY:   Section 3.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT GRIFFO:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               ACTING PRESIDENT GRIFFO:   Announce 

20  the results.

21               THE SECRETARY:   In relation to 

22  Calendar Number 775, those recorded in the 

23  negative are Senators Gianaris, Krueger, 

24  Montgomery, Perkins, Rivera, Savino, Serrano, 

25  Squadron and Stavisky.

                                                               4514

 1               Ayes, 50.  Nays, 9.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  777, by Senator Ritchie, Senate Print 5276, an 

 6  act to amend the Vehicle and Traffic Law.

 7               ACTING PRESIDENT GRIFFO:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 3.  This 

10  act shall take effect on the 180th day.

11               ACTING PRESIDENT GRIFFO:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 59.

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.  

17               It's getting a little loud in the 

18  chamber.  Please bring some quiet to the chamber.

19               The Secretary will continue to 

20  read.

21               THE SECRETARY:   Calendar Number 

22  839, by Senator LaValle, Senate Print 7289A, an 

23  act to amend the General Municipal Law.

24               ACTING PRESIDENT GRIFFO:   There is 

25  a home-rule message at the desk.

                                                               4515

 1               Read the last section.

 2               THE SECRETARY:   Section 4.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call the 

 5  roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 59.

 8               ACTING PRESIDENT GRIFFO:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  889, by Senator Grisanti, Senate Print 6024C, an 

12  act to amend the Tax Law.

13               ACTING PRESIDENT GRIFFO:   Read the 

14  last section.

15               THE SECRETARY:   Section 4.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT GRIFFO:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Grisanti to explain his vote.

22               SENATOR GRISANTI:   Yes, thank you, 

23  Mr. President.

24               My fellow colleagues, as you may 

25  know, veterans across the state are returning 

                                                               4516

 1  home and struggling to find jobs.  Unemployment 

 2  is high for veterans especially under the age of 

 3  30.  Many of them were wounded while serving this 

 4  country proudly.  They've overcome great odds to 

 5  be where they are now.  We owe it to them to help 

 6  them to transition back into civilian life.  

 7               This legislation I believe will 

 8  help do that.  Businesses that hire a veteran or 

 9  wounded veteran will receive a tax credit of up 

10  to $15,000.  It goes along with what the federal 

11  government already has as its standard.  It will 

12  be $3,000 for hiring a veteran, $4000 for hiring 

13  a wounded veteran.

14               Protections are in place.  Each 

15  veteran must be a new employee; we don't want 

16  businesses just simply firing current employees 

17  just to hire a veteran.  Veterans must work 35 

18  hours a week and be employed for at least 

19  12 months; wounded veterans, 17.5 hours a week 

20  and employed for 12 months.  

21               This will incentivize businesses to 

22  hire veterans.  This is an important bill for 

23  protection of our veterans and them returning 

24  home.  And I encourage everyone here to support 

25  this measure.  Tell the Assembly to do the same.  

                                                               4517

 1               Thank you very much.  I vote aye, 

 2  Mr. President.

 3               ACTING PRESIDENT GRIFFO:   Senator 

 4  Grisanti to be recorded in the affirmative.

 5               Announce the results.

 6               THE SECRETARY:   Ayes, 59.

 7               ACTING PRESIDENT GRIFFO:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  963, by Senator McDonald, Senate Print 7475A, an 

11  act to amend Chapter 24 of the Laws of 2007.

12               ACTING PRESIDENT GRIFFO:   Read the 

13  last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT GRIFFO:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 59.

20               ACTING PRESIDENT GRIFFO:   The bill 

21  is passed.

22               THE SECRETARY:   Calendar Number 

23  1019, substituted earlier by the Assembly 

24  Committee on Rules, Assembly Print 10545, an act 

25  to repeal Section 71-c of the Navigation Law.

                                                               4518

 1               ACTING PRESIDENT GRIFFO:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT GRIFFO:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 59.

 9               ACTING PRESIDENT GRIFFO:   The bill 

10  is passed.

11               THE SECRETARY:   Calendar Number 

12  1116, by Senator Bonacic, Senate Print 6399, an 

13  act to define and fix.

14               ACTING PRESIDENT GRIFFO:   There is 

15  a home-rule message at the desk.

16               The Secretary will read the last 

17  section.

18               THE SECRETARY:   Section 4.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 59.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               4519

 1               Senator Libous, that completes the 

 2  noncontroversial reading of the calendar.

 3               SENATOR LIBOUS:   Mr. President, at 

 4  this time we'll relieve you with Senator O'Mara 

 5  so that you can come down on the floor and debate 

 6  your bill.

 7               Mr. President, at this time could 

 8  we have the controversial reading of the 

 9  calendar.

10               ACTING PRESIDENT O'MARA:   The 

11  Secretary will read.

12               THE SECRETARY:   Calendar Number 

13  267, by Senator Griffo, Senate Print 2488B, an 

14  act to amend the Penal Law.

15               SENATOR BRESLIN:   Explanation.

16               ACTING PRESIDENT O'MARA:   Senator 

17  Griffo, an explanation has been requested.

18               SENATOR GRIFFO:   Thank you, 

19  Mr. President.  

20               This bill essentially would strike 

21  a balance between what existed prior to 1994, 

22  where there was complete access to all records of 

23  pistol permits, and then in 1994 there were some 

24  restrictions that were placed on how you could 

25  assume that access.  You could do that by 

                                                               4520

 1  submitting a FOIL.  

 2               In this particular instance now, 

 3  what this bill attempts to do is to strike that 

 4  balance.  It does not deny access, but just 

 5  limits that access for the purposes of public 

 6  safety as well as privacy.  

 7               About two-thirds of the states 

 8  currently in our Union have something similar to 

 9  this.  So what we are trying to do in this new 

10  technological age is to deal with potential 

11  problems that may come, and opportunities for 

12  abuse.  Particularly what we don't want to do is 

13  provide a roadmap for criminals.  

14               So in this particular legislation, 

15  keeping public safety in mind, and also privacy, 

16  we've tried to strike that balance where you 

17  continue to be able to provide the information 

18  based on FOIL, but it will be specific to the 

19  individual instead of just a blanket release of 

20  names.

21               ACTING PRESIDENT O'MARA:   Senator 

22  Squadron.

23               SENATOR SQUADRON:   Thank you, 

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

25  couple of questions.

                                                               4521

 1               ACTING PRESIDENT O'MARA:   Senator 

 2  Griffo, will you yield?  

 3               SENATOR GRIFFO:   Sure.  Sure.

 4               SENATOR SQUADRON:   Thank you.  

 5  Through you, Mr. President.

 6               Under this bill, if law enforcement 

 7  were interested in getting the information they 

 8  currently have as to who has a firearm permit, 

 9  how would that happen?

10               SENATOR GRIFFO:   Mr. President, 

11  through you.  Senator Squadron, I believe they 

12  would be provided that access.  They would not 

13  have to FOIL individually.  They would be able to 

14  direct their request and be provided that 

15  information.

16               SENATOR SQUADRON:   Thank you.  If 

17  the sponsor continues to yield.

18               ACTING PRESIDENT O'MARA:   Do you 

19  continue to yield, Senator Griffo?  

20               SENATOR GRIFFO:   I do.

21               SENATOR SQUADRON:   So the sponsor 

22  is saying that it would be easier for law 

23  enforcement to access a list of all licenses if 

24  this bill were to pass than it is currently?

25               SENATOR GRIFFO:   Mr. President, 

                                                               4522

 1  through you.  Senator Squadron, it would be the 

 2  same as now.  Law enforcement would not be 

 3  impacted either way.  They have that option now; 

 4  they would continue to have that option of being 

 5  provided all the names without any type of -- 

 6  just based on their request and need.

 7               SENATOR SQUADRON:   If the sponsor 

 8  would continue to yield.

 9               SENATOR GRIFFO:   I do.

10               SENATOR SQUADRON:   Currently, if 

11  local law enforcement or district attorneys want 

12  that information, do they go through the 

13  State Police, as they would through this bill?  

14  Or who do they go through?

15               SENATOR GRIFFO:   Mr. President, 

16  through you.  Senator Squadron, they would go 

17  through the State Police.

18               SENATOR SQUADRON:   Thank you.  If 

19  the sponsor would continue to yield.

20               SENATOR GRIFFO:   Yes.

21               SENATOR SQUADRON:   Thank you.  

22               And just to clarify, under this 

23  bill the State Police would maintain an automated 

24  listing of every license holder issued a license 

25  for pistol or a revolver.  Does the State Police 

                                                               4523

 1  currently maintain that list?

 2               SENATOR GRIFFO:   Mr. President, 

 3  through you.  Senator Squadron, that is correct.  

 4  And yes, that does exist and will continue to 

 5  exist.

 6               SENATOR SQUADRON:   If the sponsor 

 7  would continue to yield.

 8               SENATOR GRIFFO:   Yes.

 9               SENATOR SQUADRON:   And just for 

10  purposes of full clarity, under current law 

11  licenses for all forearms are public records.  

12  They no longer would be if this bill passed.

13               So the distinction between "pistol" 

14  and "revolver" in one section of the bill and the 

15  word "firearm" in another, is that a distinction 

16  without a difference, or is that significant in 

17  terms of what licenses are public?  

18               SENATOR GRIFFO:   Mr. President, 

19  through you.  Senator, basically as I indicated 

20  earlier, prior to '94 there was an open 

21  availability of the listing.  And in '94, with 

22  amendments, we limited it to a specific FOIL 

23  request to the database.  

24               This now would go a little further 

25  by saying you would FOIL, but you would then have 

                                                               4524

 1  the opportunity to identify someone 

 2  specifically.  So the process remains the same, 

 3  but you can't just FOIL generically, you would 

 4  have to FOIL specifically.  And it would be for 

 5  revolvers, for pistols.

 6               SENATOR SQUADRON:   If the sponsor 

 7  continues to yield.

 8               ACTING PRESIDENT O'MARA:   Senator, 

 9  do you continue to yield?

10               SENATOR GRIFFO:   Yes.

11               SENATOR SQUADRON:   Again, just to 

12  be clear, on the first page, on line 10 and 11, 

13  it refers to firearms being public records.  On 

14  the second page of the bill, in lines 9 through 

15  12, it refers to revolvers and pistols.  

16               I just want to be clear that law 

17  enforcement would have access to all firearms if 

18  this law passed, and that it's not limited, that 

19  that's again a distinction without a difference.  

20               SENATOR GRIFFO:   Mr. President, 

21  through you.  Senator Squadron, it is revolvers 

22  that currently require permits and registry.  

23  Rifles do not.  

24               So as you talk about that specific 

25  section, it involves specifically those that 

                                                               4525

 1  require permits, which would be revolvers.

 2               SENATOR SQUADRON:   Thank you.  If 

 3  the sponsor will continue to yield.

 4               SENATOR GRIFFO:   Yes.

 5               SENATOR SQUADRON:   If you're not a 

 6  member of law enforcement, you're a member of the 

 7  public, and you're interested in this information 

 8  either for -- for any number of reasons -- under 

 9  this bill you would have to know an individual's 

10  name and address and you'd have to make a 

11  particular request about that individual and 

12  their name and address?  

13               SENATOR GRIFFO:   Mr. President, 

14  through you.  Senator Squadron, that is correct.  

15               And as I indicated earlier, the 

16  reason for that is there are many concerns right 

17  now that we deal with new technology and with the 

18  potential abuse that could exist that could cause 

19  great concern for the community from a public 

20  safety perspective, where criminals could have a 

21  roadmap of where there are permits issued and 

22  guns in their homes as well as those homes who do 

23  not have any revolvers or pistols in them.  They 

24  would have that differentiation and knowledge 

25  just arbitrarily.  

                                                               4526

 1               So what this proposes to do is to 

 2  say the public still has the right to be 

 3  informed, they still follow the same process 

 4  through FOIL, but you would have to identify a 

 5  specific person rather than some random search.

 6               SENATOR SQUADRON:   If the sponsor 

 7  would continue to yield.

 8               SENATOR GRIFFO:   Yes.

 9               SENATOR SQUADRON:   Would there be 

10  a limit on how many names and addresses an 

11  individual could request information on?  

12               SENATOR GRIFFO:   Mr. President, 

13  through you.  No.

14               SENATOR SQUADRON:   If the sponsor 

15  would continue to yield.

16               SENATOR GRIFFO:   Yes.

17               SENATOR SQUADRON:   Would there be 

18  any limit on how many an individual could request 

19  at any single time?  

20               SENATOR GRIFFO:   Yes, 

21  Mr. President, there would be one.  Each time -- 

22  you could just keep coming back and requesting, 

23  but -- there's not a limit to how many, it's a 

24  limit to how many times.  

25               For instance, if you were to put in 

                                                               4527

 1  a FOIL on a specific individual, then you could 

 2  turn around and issue another FOIL for another 

 3  individual.

 4               SENATOR SQUADRON:   If the sponsor 

 5  would continue to yield.

 6               SENATOR GRIFFO:   Yes.

 7               SENATOR SQUADRON:   Under this 

 8  bill, though, there would not be a FOIL 

 9  requirement to get this information, this 

10  information would be gotten by individuals from 

11  the State Police registry; right?

12               SENATOR GRIFFO:   Right.  

13  Mr. President, through you.  Senator Squadron, 

14  this mirrors the existing statute in that regard 

15  relative to FOIL application.  

16               The amendments made in 1994 

17  required a FOIL, but it was a more broad 

18  distribution of the information.  And this would 

19  continue to follow that process, it would just 

20  limit it to a specific individual as opposed to 

21  this broad generic release.  

22               And as I said, the '94 amendments 

23  were different from what the prior situation was 

24  where there was an open record on all permits at 

25  that time prior to 1994.  But at the time, in 

                                                               4528

 1  '94, apparently the Legislature felt that there 

 2  had to be some safeguards put in.  I think there 

 3  were some concerns expressed from law enforcement 

 4  for public safety.  And as a result of that, 

 5  those amendments were made.

 6               What I'm attempting to do here, 

 7  again, to reiterate, is in this new technological 

 8  age we've seen abuse of information on emails and 

 9  websites, and we want to try to discourage that 

10  and prevent that problem where we could cause a 

11  serious situation in a community from a public 

12  safety standpoint.  

13               So as a result of that, this 

14  follows the same process as outlined in '94.  The 

15  only difference is now that you would have to 

16  identify each individual specifically, as opposed 

17  to a broad request.

18               SENATOR SQUADRON:   Thank you.  

19               On the bill, Mr. President.

20               ACTING PRESIDENT O'MARA:   Senator 

21  Squadron on the bill.

22               SENATOR SQUADRON:   I thank the 

23  sponsor for answering the questions.  This is 

24  something we've gone through before.  And I do 

25  understand the goal of this.  

                                                               4529

 1               There are a number of concerns with 

 2  this bill, though.  And the first is that 

 3  actually by no longer making this information a 

 4  public record, it wouldn't be subject to FOIL or 

 5  to the same process that exists for making public 

 6  government documents.  And so while there is a 

 7  process outlined in the bill, it's not a process 

 8  that is fully outlined or that has the 

 9  definitions attached to it that it would if these 

10  were continued to be a public record.

11               In addition, there's a concern 

12  about, practically, whether individuals or the 

13  news media or anyone else would be able to access 

14  information by targeting individuals who they 

15  particularly wanted information about or if they 

16  would simply be able to continue to get aggregate 

17  information and then only they would have it.

18               So to the extent that the sponsor 

19  talks about a public safety concern here, there's 

20  I think clearly a greater public safety concern 

21  in a small number of individuals having this 

22  specific information as opposed to the public in 

23  general having this information.  

24               And in addition, the process for 

25  law enforcement here -- and again, it could be a 

                                                               4530

 1  drafting issue, it could not.  But the process 

 2  for law enforcement is more difficult than it is 

 3  today, because under current law, law enforcement 

 4  has access to this information, it's generally 

 5  easily accessible.  

 6               Under this bill, that would be more 

 7  difficult.  Again, both because of the drafting 

 8  question of firearms versus pistols and 

 9  revolvers, which may be nothing more than 

10  drafting but should be clarified, and also 

11  because law enforcement needs to make an 

12  affirmative request in this case and questions of 

13  justification are not there.

14               The idea that there is a privacy 

15  concern is one that's real and one that we have 

16  discussed before.  The idea that law enforcement 

17  has greater access to this information is one 

18  that I appreciate.  But I do think that the 

19  question about whether this is still subject to 

20  the FOIL law, the question about whether in fact 

21  you're increasing or decreasing safety by having 

22  only a small number of people be able to have 

23  this information and hold it privately, the 

24  question about whether once they get that 

25  information they're then allowed to make it 

                                                               4531

 1  public, and the question about the extent to 

 2  which the State Police database would be complete 

 3  and consistent with how things have worked today, 

 4  means that while I think it's a bill with some 

 5  good ideas and goals behind it, it's not one we 

 6  can support today.  

 7               I would urge the sponsor to amend 

 8  the bill around those concerns.

 9               Again, the public safety concern I 

10  understand exists in sort of the abstract.  In 

11  practice, the potential public safety concerns of 

12  this dramatic a change relative to a community's 

13  ability, law enforcement's ability, the 

14  individual's ability to know who has these 

15  licenses I think is greater than we have today, 

16  and therefore I urge folks to vote no on this 

17  bill.  

18               Thank you, Mr. President.

19               ACTING PRESIDENT O'MARA:   Seeing 

20  no other Senator wishing to be heard, debate is 

21  closed.  The Secretary will ring the bell.  

22               Read the last section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT O'MARA:   Call the 

                                                               4532

 1  roll.

 2               (The Secretary called the roll.)

 3               ACTING PRESIDENT O'MARA:   The 

 4  Secretary will announce the result.

 5               THE SECRETARY:   In relation to 

 6  Calendar 267, those recorded in the negative are 

 7  Senators Adams, Avella, Breslin, Carlucci, Diaz, 

 8  Duane, Gianaris, Hassell-Thompson, Kennedy, 

 9  Klein, Krueger, Montgomery, Parker, Peralta, 

10  Perkins, Rivera, Savino, Serrano, Smith, 

11  Squadron, Stavisky and Stewart-Cousins.

12               Absent from voting:  Senator 

13  Oppenheimer.

14               Ayes, 36.  Nays, 22.

15               ACTING PRESIDENT O'MARA:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  395, by Senator Ranzenhofer, Senate Print 5201, 

19  an act to amend the General Obligations Law.

20               SENATOR BRESLIN:   Explanation.

21               ACTING PRESIDENT O'MARA:   Senator 

22  Ranzenhofer, an explanation has been requested.

23               SENATOR RANZENHOFER:   This is an 

24  act to amend the General Obligations Law which 

25  relates to the automatic renewal of contracts for 

                                                               4533

 1  electronic and life safety alarm systems and 

 2  services.  

 3               It adds a section that provides 

 4  that in a contract for electronic and life safety 

 5  alarm systems, a person who makes a payment after 

 6  the expiration of the term of the contract shall 

 7  be deemed to have given the extension of the 

 8  contract, provided that the invoice clearly 

 9  indicates that the payment constitutes an 

10  extension or renewal of the contract.  

11               What this bill is trying to address 

12  is if you have a fire alarm system and you have a 

13  burglar alarm system and you receive a notice and 

14  you don't make your payment, all of a sudden you 

15  may think that you have fire alarm service, you 

16  may think that you have burglar alarm service, 

17  security service, and all of a sudden you don't.

18               So this bill is intended to make 

19  sure that the service continues even if you may 

20  absently forget to make your payment.

21               ACTING PRESIDENT O'MARA:   Senator 

22  Squadron.

23               SENATOR SQUADRON:   If the sponsor 

24  would yield for a couple of questions.

25               SENATOR RANZENHOFER:   Yes.

                                                               4534

 1               ACTING PRESIDENT O'MARA:   Proceed.

 2               SENATOR SQUADRON:   Thank you.  

 3               Through you, Mr. President.  So 

 4  currently, if a client of a life alarm or fire 

 5  alarm service -- let me ask it differently.  

 6               Currently, what does a client of a 

 7  life alarm or fire alarm service have to do to 

 8  extend the contract?  

 9               SENATOR RANZENHOFER:   They have to 

10  renew the contract.

11               SENATOR SQUADRON:   Through you, 

12  Mr. President.

13               ACTING PRESIDENT O'MARA:   Do you 

14  continue to yield, Senator Ranzenhofer?  

15               SENATOR RANZENHOFER:   Yes.

16               SENATOR SQUADRON:   Thank you, 

17  Mr. President.  Okay.

18               So currently there is a 

19  certified-mail requirement attendant with renewal 

20  of contracts.  Is that from the client to the 

21  company or from the company to the client?

22               SENATOR RANZENHOFER:   From the 

23  company to the client.

24               SENATOR SQUADRON:   If the sponsor 

25  would continue to yield.

                                                               4535

 1               ACTING PRESIDENT O'MARA:   Do you 

 2  continue to yield?  

 3               SENATOR RANZENHOFER:   Yes.

 4               SENATOR SQUADRON:   So currently, 

 5  if a client of a life alert or fire alert system 

 6  wants to renew and they receive a piece of 

 7  certified mail from the company and they continue 

 8  to pay, that service will be renewed and 

 9  continue; correct?  

10               SENATOR RANZENHOFER:   Yes.

11               SENATOR SQUADRON:   If the sponsor 

12  will continue to yield.

13               SENATOR RANZENHOFER:   Yes.

14               SENATOR SQUADRON:   So rather than 

15  helping clients continue and extend their 

16  existing contracts, what this bill essentially 

17  does is it takes away the company's need to 

18  separately inform the client that that contract 

19  is going to continue and they continue to be on 

20  the hook for a financial obligation.

21               SENATOR RANZENHOFER:   No, that's 

22  not correct.  If you take a look at the 

23  legislation, it says that there does have to be 

24  notification by the company to the customer.

25               SENATOR SQUADRON:   If the sponsor 

                                                               4536

 1  would continue to yield.

 2               SENATOR RANZENHOFER:   Yes.

 3               SENATOR SQUADRON:   But what the 

 4  bill does, it takes a separate notification 

 5  requirement and instead allows it to simply be 

 6  included on an ongoing bill.

 7               SENATOR RANZENHOFER:   There has to 

 8  be notice on the bill that this is going to 

 9  extend the service.

10               SENATOR SQUADRON:   If the sponsor 

11  would continue to yield.

12               SENATOR RANZENHOFER:   Yes.

13               SENATOR SQUADRON:   So in other 

14  words, if someone in need of a life alert -- 

15  often people who are elderly have life alert 

16  contracts, those who are infirm in other ways.  

17  If this bill were to pass, what would happen at 

18  the end of their contract is they would receive 

19  another bill.  So they would get a bill in the 

20  mail, this person who had a life alert contract, 

21  likely to be either elderly or infirm in another 

22  way, and somewhere on that bill it would say:  

23  "If you pay this bill, you're extending your 

24  contract."  

25               But what they would have in their 

                                                               4537

 1  mail would be a bill.  It would look like a bill 

 2  obligation.  Right?  And then by fulfilling that 

 3  bill obligation, this person would be on the hook 

 4  for another contract term; is that right?  

 5               SENATOR RANZENHOFER:   Well, not 

 6  entirely.  

 7               First of all, most of the time is 

 8  that somebody who is on this life alert system, 

 9  or if you have a fire alarm system or if you have 

10  a smoke detector or CO2 or any sort of security 

11  system, the biggest fear is that you're going 

12  lose your service.  

13               This actually would protect the 

14  person, in that their service would continue.  

15  Normally you've made a pretty expensive 

16  investment in this type of equipment -- you know, 

17  hundreds or thousands of dollars -- and you don't 

18  want the service to be discontinued.  

19               You're actually looking at it, I 

20  believe, from the wrong perspective.  Normally a 

21  customer wants this service that they've paid a 

22  lot of money for and which is supposed to protect 

23  their property and protect their life, they want 

24  this to continue.

25               SENATOR SQUADRON:   If the sponsor 

                                                               4538

 1  would continue to yield.

 2               SENATOR RANZENHOFER:   Yes.

 3               SENATOR SQUADRON:   Under current 

 4  law, since there there's no obligation on the 

 5  client other than the receipt of a piece of 

 6  certified mail from the company, what is the risk 

 7  under current law of an inadvertent cancellation 

 8  of a life alert or fire alert system?

 9               SENATOR RANZENHOFER:   Well, if you 

10  don't continue to pay for the service, you would 

11  lose the service.

12               SENATOR SQUADRON:   If the sponsor 

13  would continue to yield.

14               SENATOR RANZENHOFER:   Yes.

15               SENATOR SQUADRON:   Of course, even 

16  under this bill, if you didn't pay for the 

17  service, you would lose the service, you would 

18  just be in breach of contract, and they could 

19  come after you.

20               SENATOR RANZENHOFER:   I'm sorry, 

21  could you repeat the question?  

22               SENATOR SQUADRON:   Even if the 

23  bill passed, if you didn't pay, you would lose 

24  the service.  You would just be under breach of 

25  contract, and your credit rating could take a --

                                                               4539

 1               SENATOR LIBOUS:   Mr. President.  

 2  Mr. President.

 3               ACTING PRESIDENT O'MARA:   Senator 

 4  Libous.

 5               SENATOR LIBOUS:   Could I please 

 6  ask both Senators to speak through the chair 

 7  rather than back and forth to each other.  It 

 8  will call for a much more orderly process.

 9               ACTING PRESIDENT O'MARA:   Yes, 

10  Senator Libous.

11               Senator Ranzenhofer, can you please 

12  direct your responses to the chair.  And Senator 

13  Squadron, through me.

14               SENATOR SQUADRON:   Thank you.  

15  Point well taken.  I thank Senator Libous for 

16  that clarification.  

17               So if the sponsor would continue to 

18  yield, I'll ask a question.

19               SENATOR RANZENHOFER:    

20  Mr. President, I'll continue to yield.

21               SENATOR SQUADRON:   Through you, 

22  Mr. President.  If this bill were to pass and a 

23  client stopped paying, they would presumably lose 

24  the service.  This bill doesn't change that; 

25  correct?  

                                                               4540

 1               SENATOR RANZENHOFER:   That's 

 2  correct.  Mr. President, through you.

 3               SENATOR SQUADRON:   If the 

 4  sponsor would continue to yield, Mr. President.

 5               ACTING PRESIDENT O'MARA:   Do you 

 6  continue to yield, Senator Ranzenhofer?  

 7               SENATOR RANZENHOFER:   Yes, 

 8  Mr. President, I'll continue to yield.

 9               SENATOR SQUADRON:   Through you.  

10  And under current law, the only obligation that a 

11  client has in order to continue their contract is 

12  to receive a piece of certified mail.  So the 

13  only obligation a client has is basically to get 

14  informed their contract is being continued, and 

15  there's no other risk of a contract being 

16  canceled under current law; isn't that correct?

17               SENATOR RANZENHOFER:   Well, again, 

18  I think there's -- that's a hypothetical 

19  question.  There's always many ways that service 

20  can be discontinued.  So I wouldn't agree with 

21  that last statement.  And that's not the only way 

22  that service could be discontinued.

23               SENATOR SQUADRON:   Thank you.  On 

24  the bill.

25               ACTING PRESIDENT O'MARA:   Senator 

                                                               4541

 1  Squadron on the bill.

 2               SENATOR SQUADRON:   Thank you very 

 3  much.  

 4               So again, let's be really clear 

 5  here.  We're talking about largely life alert 

 6  systems, also fire alert and some other systems.  

 7  But life alert systems are, by their very nature, 

 8  used by folks who for some reason feel vulnerable 

 9  in their home -- they're elderly, they're infirm, 

10  they have some other need where having an 

11  emergency life alert system is critical to them.

12               Currently, if they have a contract, 

13  the company has the obligation to make sure they 

14  know, this client knows that their contract will 

15  be renewed.  A simple piece of certified mail, 

16  you receive the mail, you sign for it, your 

17  contract will be renewed.  

18               If this legislation were to pass, 

19  these clients -- largely elderly, infirm, or 

20  otherwise vulnerable -- would get at the end of 

21  their contract term a bill in the mail, they 

22  would receive a bill in the mail.  That bill 

23  would say "You owe us this amount of money."  

24  Also, somewhere else, it would say "By paying 

25  your bill, you're extending your contract."  

                                                               4542

 1               But that's a pretty confusing 

 2  obligation right there.  Now, of course it 

 3  wouldn't be a bill that folks have to pay, 

 4  because they're no longer under contract.  But if 

 5  they do pay the bill, if they are somehow afraid 

 6  that their credit rating will take a hit or that 

 7  a debt collector will come after them, then not 

 8  only will they be paying beyond their obligation, 

 9  they will be obligated to a contract extension, a 

10  contract extension of an entire year.  

11               So in other words, by paying your 

12  bill you become obligated to pay for another 

13  11 months.  

14               This is -- I believe this went 

15  through the Consumer Protection Committee, but 

16  this is the opposite of consumer protection.  We 

17  have a population who gets this sort of service 

18  because they feel vulnerable.  And then, instead 

19  of having a standard notification process so that 

20  folks know if their contract is going to be 

21  extended, they're going to be on the hook for a 

22  year, we're going to take that away and replace 

23  that with a new bill.  Then we're going to send 

24  it to people's homes and we're going to say, 

25  confusingly, "You don't have to pay the bill, but 

                                                               4543

 1  here's a bill that you do have to pay if you want 

 2  the service.  And if you do pay for it, you've 

 3  got another year."

 4               It is confusing.  I think that it 

 5  could easily lead to scams and to abuses.  

 6               Notifying folks -- notifying any of 

 7  us that a contract is going to be extended is an 

 8  important thing.  That's an important part of 

 9  consumer protection.  Notifying folks who are 

10  homebound or elderly or vulnerable or afraid in 

11  their homes for some reason that they're going to 

12  be on the hook for an additional year clearly is 

13  an important thing to do.  And it's certainly not 

14  a burden on the consumer.  And I've got to tell 

15  you, I don't think it's a burden on the company 

16  either.  

17               Now, is there an issue with 

18  certified mail versus some other sort of mail?  

19  Maybe.  We would have that discussion.  But the 

20  idea of replacing a certified-mail notification 

21  with a contract extension in the form of a bill, 

22  and that kind of risk, makes no sense at all.  

23               I urge a no vote.  I know that many 

24  people in this room probably have these contracts 

25  themselves, certainly have a loved one, a parent 

                                                               4544

 1  or a grandparent, an aunt or an uncle who has a 

 2  life alert system.  And the idea that we would 

 3  replace notification with contract obligation, 

 4  that we would replace fair warning with threat of 

 5  a bill and a debt collector for this population 

 6  especially makes no sense.  

 7               I strongly urge a no vote.  Thank 

 8  you, Mr. President.

 9               ACTING PRESIDENT O'MARA:   Senator 

10  Ranzenhofer.

11               SENATOR RANZENHOFER:   A couple of 

12  comments on the bill.

13               ACTING PRESIDENT O'MARA:   On the 

14  bill, Senator.

15               SENATOR RANZENHOFER:   Yes.  There 

16  is no difference under the existing law from the 

17  new law.  If you get your certified letter and 

18  you pay your bill, you've extended your contract 

19  for a year.  If you get the bill under the new 

20  law and pay your bill, you've extended your 

21  contract as well.

22               One of the problems that we have, 

23  especially with the population referred to by 

24  Senator Squadron, is if you don't pick up your 

25  certified letter, which some people don't, then 

                                                               4545

 1  you lose your service.  

 2               And if you want to balance the 

 3  equities, I think it's more important that 

 4  somebody still have their fire protection 

 5  service, their smoke alarm service, their CO2 

 6  service, their burglar service, or whatever 

 7  they've invested a lot of money already into that 

 8  type of protection.  

 9               I will note that notwithstanding 

10  the comments this year, last year this passed 60 

11  to 2, including Senator Squadron, who voted for 

12  this last year.  He realized it was a good bill 

13  last year, and it's the same bill this year.  

14               I would encourage my colleagues to 

15  vote for this.

16               ACTING PRESIDENT O'MARA:   Thank 

17  you, Senator Ranzenhofer.

18               Seeing no other Senator wishing to 

19  be heard, debate is closed.  The Secretary will 

20  ring the bell.

21               The Secretary will read the last 

22  section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect on the 90th day.

25               ACTING PRESIDENT O'MARA:   Call the 

                                                               4546

 1  roll.

 2               (The Secretary called the roll.)

 3               ACTING PRESIDENT O'MARA:   Announce 

 4  the result.

 5               THE SECRETARY:   In relation to 

 6  Calendar 395, those recorded in the negative are 

 7  Senators Diaz, Duane, Hassell-Thompson, Johnson, 

 8  Krueger, Montgomery, Oppenheimer, Perkins, 

 9  Rivera, Serrano, Smith and Squadron.

10               Absent from voting:  Senator Adams.

11               Ayes, 46.  Nays, 12.

12               ACTING PRESIDENT O'MARA:   The bill 

13  is passed.

14               Senator Libous, that completes the 

15  controversial reading of the calendar.

16               SENATOR LIBOUS:   Thank you, 

17  Mr. President.

18               As we continue to move along here, 

19  Mr. President, I would like to do the 

20  noncontroversial reading of Supplemental Calendar 

21  59A, please.

22               ACTING PRESIDENT O'MARA:   The 

23  Secretary will read.

24               THE SECRETARY:   Calendar Number 

25  1291, by Senator LaValle, Senate Print 3739A, an 

                                                               4547

 1  act to amend the Not-For-Profit Corporation Law.

 2               ACTING PRESIDENT O'MARA:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT O'MARA:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 59.

10               ACTING PRESIDENT O'MARA:   The bill 

11  is passed.

12               THE SECRETARY:   Calendar Number 

13  1302, by Senator Ball, Senate Print 3804A, an act 

14  to amend the Agriculture and Markets Law.

15               ACTING PRESIDENT O'MARA:   Read the 

16  last section.

17               THE SECRETARY:   Section 2.  This 

18  act shall take effect on the 30th day.

19               ACTING PRESIDENT O'MARA:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 57.  Nays, 

23  2.  Senators Montgomery and Ranzenhofer recorded 

24  in the negative.

25               ACTING PRESIDENT O'MARA:   The bill 

                                                               4548

 1  is passed.

 2               THE SECRETARY:   In relation to 

 3  Calendar Number 1303, Senator LaValle moves to 

 4  discharge, from the Committee on Higher 

 5  Education, Assembly Bill Number 7859A and 

 6  substitute it for the identical Senate Bill 

 7  Number 4268C, Third Reading Calendar 1303.

 8               ACTING PRESIDENT O'MARA:    

 9  Substitution ordered.

10               The Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  1303, by Member of the Assembly Glick, Assembly 

13  Print 7859A, an act to amend the Education Law.

14               ACTING PRESIDENT O'MARA:   Read the 

15  last section.

16               THE SECRETARY:   Section 12.  This 

17  act shall take effect on the 120th day.

18               ACTING PRESIDENT O'MARA:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 58.  Nays, 

22  1.  Senator Klein recorded in the negative.

23               ACTING PRESIDENT O'MARA:   The bill 

24  is passed.

25               THE SECRETARY:   Calendar Number 

                                                               4549

 1  1304, by Senator Avella, Senate Print 5189, an 

 2  act to amend the Correction Law.

 3               ACTING PRESIDENT O'MARA:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 2.  This 

 6  act shall take effect immediately.

 7               ACTING PRESIDENT O'MARA:   Call the 

 8  roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 59.

11               ACTING PRESIDENT O'MARA:   The bill 

12  is passed.

13               THE SECRETARY:   Calendar Number 

14  1305, by Senator Young, Senate Print 5900C --

15               SENATOR BRESLIN:   Lay it aside.

16               ACTING PRESIDENT O'MARA:   The bill 

17  is laid aside.

18               THE SECRETARY:   In relation to 

19  Calendar Number 1306, Senator Bonacic moves to 

20  discharge, from the Committee on Local 

21  Government, Assembly Bill Number 9211 and 

22  substitute it for the identical Senate Bill 

23  Number 6478, Third Reading Calendar 1306.

24               ACTING PRESIDENT O'MARA:    

25  Substitution ordered.

                                                               4550

 1               The Secretary will read.

 2               THE SECRETARY:   Calendar Number 

 3  1306, by Member of the Assembly Magnarelli, 

 4  Assembly Print Number 9211, an act to amend the 

 5  Local Finance Law.

 6               ACTING PRESIDENT O'MARA:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT O'MARA:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 59.

14               ACTING PRESIDENT O'MARA:   The bill 

15  is passed.

16               THE SECRETARY:   In relation to 

17  Calendar Number 1307, Senator Carlucci moves to 

18  discharge, from the Committee on Rules, Assembly 

19  Bill Number 9569A and substitute it for the 

20  identical Senate Bill Number 6751A, Third Reading 

21  Calendar 1307.

22               ACTING PRESIDENT O'MARA:    

23  Substitution ordered.

24               The Secretary will read.

25               THE SECRETARY:   Calendar Number 

                                                               4551

 1  1307, by Member of the Assembly Jaffee, Assembly 

 2  Print Number 9569A, an act to create.

 3               ACTING PRESIDENT O'MARA:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 2.  this 

 6  act shall take effect immediately.

 7               ACTING PRESIDENT O'MARA:   Call the 

 8  roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 58.  Nays, 

11  1.  Senator Ball recorded in the negative.

12               ACTING PRESIDENT O'MARA:   The bill 

13  is passed.

14               THE SECRETARY:   Calendar Number 

15  1308, by Senator Flanagan, Senate Print 6769B, an 

16  act to amend the Public Health Law.

17               ACTING PRESIDENT O'MARA:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect on the 180th day.

21               ACTING PRESIDENT O'MARA:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               ACTING PRESIDENT O'MARA:   Senator 

25  Flanagan to explain your vote.

                                                               4552

 1               SENATOR FLANAGAN:   Thank you, 

 2  Mr. President.  

 3               I just want to explain my vote on 

 4  this bill.  I want to take the opportunity to 

 5  thank people that worked on this.  Never did I 

 6  think, working on an issue like this, that I 

 7  would learn so much and get so frustrated and 

 8  appreciative during this process.  

 9               One of the things that I think is 

10  important about this legislation, it's about 

11  healthcare, it's about women's healthcare, and in 

12  reality it's scary how little people know and how 

13  little women know, really, about breast density 

14  and the effects that can come with that.  

15               So this is a notice bill, and it's 

16  been modified about a couple of times to get this 

17  bill passed.  I think it's going to help promote 

18  women's healthcare, it's going to save people's 

19  lives, ultimately.  

20               And there's one person in 

21  particular that I'd really like to thank, who 

22  happens to be a constituent of mine.  Her name is 

23  JoAnn Pushkin.  She has been an absolute ardent 

24  supporter and champion of this.  

25               And I think we're going to see more 

                                                               4553

 1  legislation in this area not only in this state 

 2  but other states in the country.  

 3               I vote in the affirmative.  Thank 

 4  you.

 5               ACTING PRESIDENT O'MARA:   Senator 

 6  Flanagan will be recorded in the affirmative.

 7               Announce the result.

 8               THE SECRETARY:   Ayes, 59.

 9               ACTING PRESIDENT O'MARA:   The bill 

10  is passed.

11               THE SECRETARY:   Calendar Number 

12  1309, by Senator Young, Senate Print 6969A, an 

13  act to amend the Public Health Law.

14               ACTING PRESIDENT O'MARA:   Read the 

15  last section.

16               THE SECRETARY:   Section 7.  This 

17  act shall take effect January 1, 2013.

18               ACTING PRESIDENT O'MARA:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 59.

22               ACTING PRESIDENT O'MARA:   The bill 

23  is passed.

24               THE SECRETARY:   Calendar Number 

25  1310, by Senator Grisanti, Senate Print 6971A, an 

                                                               4554

 1  act to amend the General Business Law.

 2               ACTING PRESIDENT O'MARA:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 6.  This 

 5  act shall take effect on the 180th day.

 6               ACTING PRESIDENT O'MARA:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               ACTING PRESIDENT O'MARA:   Senator 

10  Grisanti to explain his vote.

11               SENATOR GRISANTI:   Yes, thank you, 

12  Mr. President.

13               You know, my fellow colleagues, 

14  believe it or not, under current law there exists 

15  actually no statewide licensing of scrap 

16  processors.  The licensing system proposed under 

17  this legislation does a lot as far as protection.

18               Far too often in my community, and 

19  I'm sure in your communities, there are numerous 

20  items of scrap that are stolen from companies.  

21  There's manhole covers stolen from New York 

22  City.  From Niagara Falls, there's copper that's 

23  taken out of people's houses, some while they're 

24  even on vacation.

25               So this legislation would establish 

                                                               4555

 1  a very limited preemption of local laws.  It has 

 2  penalties in there for scrap processors who do 

 3  not follow those laws.  And it will make it a lot 

 4  easier for investigation and enforcement from 

 5  scrap theft.

 6               It standardizes recordkeeping 

 7  requirements on a statewide basis, precluding 

 8  redundant and contradictory and unnecessary local 

 9  laws.  It will provide a national regulatory 

10  environment on this often overlooked but 

11  significant industrial sector.  

12               So I'm sure you've all heard 

13  complaints about items stolen from businesses in 

14  your area.  I urge everybody to vote aye on this 

15  bill and, again, push the Assembly to do the 

16  same.  

17               Mr. President, I vote aye.

18               ACTING PRESIDENT O'MARA:   Senator 

19  Grisanti will be recorded in the affirmative.

20               The Secretary will announce the 

21  result.

22               THE SECRETARY:   Ayes, 59.

23               ACTING PRESIDENT O'MARA:   The bill 

24  is passed.

25               THE SECRETARY:   In relation to 

                                                               4556

 1  Calendar Number 1311, Senator Zeldin moves to 

 2  discharge, from the Committee on Judiciary, 

 3  Assembly Bill Number 2215A and substitute it for 

 4  the identical Senate Bill Number 7092, Third 

 5  Reading Calendar 1311.

 6               ACTING PRESIDENT O'MARA:    

 7  Substitution ordered.

 8               The Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  1311, by Member of the Assembly Zebrowski, 

11  Assembly Print 2215A, an act to amend the Civil 

12  Practice Law and Rules.

13               ACTING PRESIDENT O'MARA:   Read the 

14  last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT O'MARA:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 58.  Nays, 

21  1.  Senator Duane recorded in the negative.

22               ACTING PRESIDENT O'MARA:   The bill 

23  is passed.

24               THE SECRETARY:   Calendar Number 

25  1312, by Senator Gallivan, Senate Print 7532, an 

                                                               4557

 1  act to amend the Public Authorities Law.

 2               ACTING PRESIDENT O'MARA:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT O'MARA:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 59.

10               ACTING PRESIDENT O'MARA:   The bill 

11  is passed.

12               THE SECRETARY:   In relation to 

13  Calendar Number 1313, Senator Johnson moves to 

14  discharge, from the Committee on Rules, Assembly 

15  Bill Number 10525A and substitute it for the 

16  identical Senate Bill Number 7537A, Third Reading 

17  Calendar 1313.

18               ACTING PRESIDENT O'MARA:    

19  Substitution ordered.

20               The Secretary will read.

21               THE SECRETARY:   Calendar Number 

22  1313, by the Assembly Committee on Rules, 

23  Assembly Print 10525A, an act to amend the Public 

24  Authorities Law.

25               ACTING PRESIDENT O'MARA:   Read the 

                                                               4558

 1  last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT O'MARA:   Call the 

 5  roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 59.

 8               ACTING PRESIDENT O'MARA:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  1314, by Senator Ritchie, Senate Print 7550A, an 

12  act to authorize.

13               ACTING PRESIDENT O'MARA:   There is 

14  a home-rule message at the desk.

15               Read the last section.

16               THE SECRETARY:   Section 4.  This 

17  act shall take effect immediately.

18               ACTING PRESIDENT O'MARA:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 58.  Nays, 

22  1.  Senator Ball recorded in the negative.

23               ACTING PRESIDENT O'MARA:   The bill 

24  is passed.

25               THE SECRETARY:   In relation to 

                                                               4559

 1  Calendar Number 1316, Senator Griffo moves to 

 2  discharge, from the Committee on Crime Victims, 

 3  Crime and Correction, Assembly Bill Number 9229 

 4  and substitute it for the identical Senate Bill 

 5  Number 7569, Third Reading Calendar 1316.

 6               ACTING PRESIDENT O'MARA:    

 7  Substitution ordered.

 8               The Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  1316, by Member of the Assembly Brindisi, 

11  Assembly Print Number 9229, an act to amend the 

12  Correction Law.

13               ACTING PRESIDENT O'MARA:   Read the 

14  last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect on the 30th day.

17               ACTING PRESIDENT O'MARA:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 59.  

21               ACTING PRESIDENT O'MARA:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  1317, by Senator Gallivan, Senate Print 7577A, an 

25  act to amend the Vehicle and Traffic Law.

                                                               4560

 1               ACTING PRESIDENT O'MARA:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 3.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT O'MARA:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               ACTING PRESIDENT O'MARA:   Senator 

 9  Kennedy to explain your vote.

10               SENATOR KENNEDY:   Thank you, 

11  Mr. President.

12               This is Alix's Law.  And I want to 

13  thank Senator Gallivan for putting this law 

14  forward.  

15               Hit-and-run accidents have become 

16  all too frequent throughout New York State.  In 

17  Western New York it seems there's been a rash of 

18  hit-and-run crashes.  Lives are being lost 

19  tragically and senselessly.  Too many New Yorkers 

20  have died as state residents wait for this 

21  important change to state law.  Action is needed 

22  now.  Delay will only cause more families to 

23  endure injustice after tragedy.  

24               This is a common-sense reform.  

25  With the implementation of this law, if a driver 

                                                               4561

 1  is intoxicated, gets into an accident and flees 

 2  the scene, it is presumed he or she knew they 

 3  damaged someone's property or, worse, caused 

 4  serious personal injury.  

 5               It should not be the burden of the 

 6  prosecution to prove whether or not a drunk 

 7  driver knew someone or something was hit when the 

 8  driver fled the scene; it should be the drunk 

 9  driver who is held accountable for their 

10  actions.  

11               Most drunk drivers flee the scene 

12  for one main reason:  to avoid penalty.  As a 

13  result, victims are often left dying in the 

14  streets.  In other words, life sentences for 

15  victims while drunk drivers attempt to skirt the 

16  law and escape justice.

17               This bill closes a loophole to 

18  ensure drunk drivers are held responsible for 

19  their actions and pay their time for committing 

20  heinous crimes.  

21               I thank Senator Gallivan for 

22  introducing this legislation, and I commend my 

23  colleagues for supporting this much-needed 

24  reform.

25               Thank you, Mr. President.  I vote 

                                                               4562

 1  aye.

 2               ACTING PRESIDENT O'MARA:   Senator 

 3  Kennedy to be recorded in the affirmative.

 4               Senator Gallivan to explain your 

 5  vote.

 6               SENATOR GALLIVAN:   Thank you, 

 7  Mr. President.

 8               I'd like to thank my colleagues for 

 9  their support of this piece of legislation.  You 

10  did hear Senator Kennedy's explanation, and it's 

11  right on.  It's unconscionable and so hard to 

12  understand how a drunk driver can get away with 

13  leaving the scene of an accident where a young 

14  woman died.

15               This closes that loophole.  This 

16  was the case in a high-profile case in Erie 

17  County.  18-year-old Alix Rice was hit by a drunk 

18  driver who ultimately was acquitted of all 

19  charges except for the driving while 

20  intoxicated.  There was tremendous public 

21  outcry.  And shortly thereafter we saw another 

22  hit-and-run DWI fatality, where a separate member 

23  of the community, a witness, followed the driver 

24  and held them for the police.  

25               But clearly a large focus on this 

                                                               4563

 1  in western New York, problematic across the 

 2  state, and we are doing a service to citizens 

 3  across the state by closing this loophole.  

 4               I vote aye.

 5               ACTING PRESIDENT O'MARA:   Senator 

 6  Gallivan to be recorded in the affirmative.

 7               The Secretary will announce the 

 8  result.

 9               THE SECRETARY:   Ayes, 58.  Nays, 

10  1.  Senator Duane recorded in the negative.

11               ACTING PRESIDENT O'MARA:   The bill 

12  is passed.

13               THE SECRETARY:   In relation to 

14  Calendar Number 1318, Senator Savino moves to 

15  discharge, from the Committee on Rules, Assembly 

16  Bill Number 10415A and substitute it for the 

17  identical Senate Bill Number 7589A, Third Reading 

18  Calendar 1318.

19               ACTING PRESIDENT O'MARA:    

20  Substitution ordered.

21               The Secretary will read.

22               THE SECRETARY:   Calendar Number 

23  1318, by Member of the Assembly Weinstein, 

24  Assembly Print Number 10415A, an act to amend the 

25  Family Court Act.

                                                               4564

 1               ACTING PRESIDENT O'MARA:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT O'MARA:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 59.

 9               ACTING PRESIDENT O'MARA:   The bill 

10  is passed.

11               THE SECRETARY:   Calendar Number 

12  1319, by Senator Fuschillo, Senate --

13               SENATOR LIBOUS:   The bill is high, 

14  Mr. President.

15               ACTING PRESIDENT O'MARA:   The bill 

16  is high and will be laid aside for the day.

17               THE SECRETARY:   In relation to 

18  Calendar Number 1320, Senator Hannon moves to 

19  discharge, from the Committee on Rules, Assembly 

20  Bill Number 10606 and substitute it for the 

21  identical Senate Bill Number 7602, Third Reading 

22  Calendar 1320.

23               ACTING PRESIDENT O'MARA:    

24  Substitution ordered.

25               The Secretary will read.

                                                               4565

 1               THE SECRETARY:   Calendar Number 

 2  1320, by the Assembly Committee on Rules, 

 3  Assembly Print Number 10606, an act to amend the 

 4  Public Health Law.

 5               ACTING PRESIDENT O'MARA:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT O'MARA:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 59.

13               ACTING PRESIDENT O'MARA:   The bill 

14  is passed.

15               THE SECRETARY:   In relation to 

16  Calendar Number 1321, Senator Klein moves to 

17  discharge, from the Committee on Rules, Assembly 

18  Bill Number 10506 and substitute it for the 

19  identical Senate Bill Number 7607, Third Reading 

20  Calendar 1321.

21               ACTING PRESIDENT O'MARA:    

22  Substitution ordered.

23               The Secretary will read.

24               THE SECRETARY:   Calendar Number 

25  1321, by Member of the Assembly Paulin, Assembly 

                                                               4566

 1  Print Number 10506, an act authorizing a real 

 2  property tax exemption.  

 3               ACTING PRESIDENT O'MARA:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 2.  This 

 6  act shall take effect immediately.

 7               ACTING PRESIDENT O'MARA:   Call the 

 8  roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 56.  Nays, 

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

12  in the negative.

13               ACTING PRESIDENT O'MARA:   The bill 

14  is passed.

15               THE SECRETARY:   In relation to 

16  Calendar Number 1322, Senator Flanagan moves to 

17  discharge, from the Committee on Education, 

18  Assembly Bill Number 9906A and substitute it for 

19  the identical Senate Bill Number 7608, Third 

20  Reading Calendar 1322.

21               ACTING PRESIDENT O'MARA:    

22  Substitution ordered.

23               The Secretary will read.

24               THE SECRETARY:   Calendar Number 

25  1322, by Member of the Assembly Nolan, Assembly 

                                                               4567

 1  Print Number 9906A, an act to amend Chapter 352 

 2  of the Laws of 2005.

 3               ACTING PRESIDENT O'MARA:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 2.  This 

 6  act shall take effect immediately.

 7               ACTING PRESIDENT O'MARA:   Call the 

 8  roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 59.

11               ACTING PRESIDENT O'MARA:   The bill 

12  is passed.

13               THE SECRETARY:   In relation to 

14  Calendar Number 1323, Senator Lanza moves to 

15  discharge, from the Committee on Cities, Assembly 

16  Bill Number 9813 and substitute it for the 

17  identical Senate Bill Number 7613, Third Reading 

18  Calendar 1323.

19               ACTING PRESIDENT O'MARA:    

20  Substitution ordered.

21               The Secretary will read.

22               THE SECRETARY:   Calendar Number 

23  1323, by Member of the Assembly Silver, Assembly 

24  Print Number 9813, an act to amend Chapter 890 of 

25  the Laws of 1982.

                                                               4568

 1               ACTING PRESIDENT O'MARA:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT O'MARA:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 59.

 9               ACTING PRESIDENT O'MARA:   The bill 

10  is passed.

11               THE SECRETARY:   In relation to 

12  Calendar Number 1324, Senator Griffo moves to 

13  discharge, from the Committee on Rules, Assembly 

14  Bill Number 10627 and substitute it for the 

15  identical Senate Bill Number 7621, Third Reading 

16  Calendar 1324.

17               ACTING PRESIDENT O'MARA:    

18  Substitution ordered.

19               The Secretary will read.

20               THE SECRETARY:   Calendar Number 

21  1324, by the Assembly Committee on Rules, 

22  Assembly Print Number 10627, an act in relation.

23               ACTING PRESIDENT O'MARA:   There is 

24  a home-rule message at the desk.

25               Read the last section.

                                                               4569

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT O'MARA:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 59.

 7               ACTING PRESIDENT O'MARA:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  1325, by Senator Ritchie, Senate Print --

11               SENATOR LIBOUS:   That bill is 

12  high.  Lay it aside for the day.

13               ACTING PRESIDENT O'MARA:   This 

14  bill is high.  Lay the bill aside for the day.

15               THE SECRETARY:   Calendar Number 

16  1326, by Senator Golden, Senate Print 7640A, an 

17  act to amend the Real Property Tax Law.

18               ACTING PRESIDENT O'MARA:   Read the 

19  last section.

20               THE SECRETARY:   Section 3.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT O'MARA:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 59.

                                                               4570

 1               ACTING PRESIDENT O'MARA:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  1327, by Senator Young, Senate Print 7647, an act 

 5  to authorize.

 6               ACTING PRESIDENT O'MARA:   There is 

 7  a home-rule message at the desk.

 8               Read the last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT O'MARA:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 58.  Nays, 

15  1.  Senator Ball recorded in the negative.

16               ACTING PRESIDENT O'MARA:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  1328, by Senator Little, Senate Print 7654A, 

20  Concurrent Resolution of the Senate and Assembly.

21               ACTING PRESIDENT O'MARA:   The 

22  Secretary will call the roll on the resolution.

23               (The Secretary called the roll.)

24               ACTING PRESIDENT O'MARA:   Senator 

25  Oppenheimer to explain your vote.

                                                               4571

 1               SENATOR OPPENHEIMER:   Yes, I'll be 

 2  voting in the negative.  And it's basically 

 3  because this is a private, for-profit 

 4  organization that wants to, you know, mine ore in 

 5  the Town of Lewis in the Forest Preserve lands.  

 6               And, you know, there is a viable 

 7  alternative.  In fact, the CEO of the company, 

 8  NYCO, has said that there's a viable alternative 

 9  if the constitutional amendment was not 

10  approved.  And, as he said, that they could move 

11  their operations to other nearby locations.

12               So I understand that this may be 

13  important to some of the people who live in that 

14  area who are working in the mines, but there is 

15  an alternative and there is no need to give up 

16  this piece of the Forest Preserve lands for this 

17  profit-making company, since there is an 

18  alternative.

19               I vote no.

20               ACTING PRESIDENT O'MARA:   Senator 

21  Oppenheimer to be recorded in the negative.

22               The Secretary will announce the 

23  result.

24               THE SECRETARY:   In relation to 

25  Calendar Number 1328, those recorded in the 

                                                               4572

 1  negative are Senators Addabbo, Avella, Ball, 

 2  Dilan, Duane, Gianaris, Hassell-Thompson, 

 3  Kennedy, LaValle, Montgomery, Oppenheimer, 

 4  Parker, Perkins, Rivera and Squadron.

 5               Ayes, 44.  Nays, 15.

 6               ACTING PRESIDENT O'MARA:   The 

 7  resolution is adopted.

 8               THE SECRETARY:   Calendar Number 

 9  1329, by Senator Little, Senate Print 7660, 

10  Concurrent Resolution of the Senate and Assembly.

11               ACTING PRESIDENT O'MARA:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               ACTING PRESIDENT O'MARA:   Senator 

15  Little to explain her vote.

16               SENATOR LITTLE:   Thank you, 

17  Mr. President.

18               This, like the previous concurrent 

19  resolution, is a first passage of a resolution 

20  which will help with the Forest Preserve.  

21               This resolution is on Township 40.  

22  This is a 120-year-old debate and argument over 

23  clear title to over 200 parcels of land in the 

24  Town of Raquette Lake within the Adirondack 

25  Park.  

                                                               4573

 1               I can tell you that we've had 

 2  meetings for hours and hours and hours and all 

 3  kinds of proposals to try to solve this 

 4  disagreement on the title.  They have researched 

 5  the title for well over a hundred-some years, and 

 6  you still can't determine how or why these 

 7  parcels are privately owned, and then the state 

 8  in many ways believes that they still have a 

 9  right to ownership of them.  This is a way to 

10  settle that.  

11               First passage would be this year, 

12  second passage with the next Legislature, and 

13  then possibly going to the voters in the year 

14  2013, in the November election.

15               The land will be replaced.  It's 

16  about a thousand acres, has over 200 owners in 

17  those parcels.  There will be an average payment 

18  of about $2900.  And with that money, new land, 

19  up to about 2,000 acres, will be purchased that 

20  will be equal or greater in value to replace and 

21  to add to the Adirondack Park.

22               This is a wonderful resolution, a 

23  wonderful solution to an existing problem that 

24  has gone on for well over a hundred years, and 

25  will give these people clear title to their land 

                                                               4574

 1  when we complete the second passage and then the 

 2  public vote.  So I thank you very much for your 

 3  support of this legislation and the previous 

 4  legislation.

 5               Thank you.

 6               ACTING PRESIDENT O'MARA:   Senator 

 7  Little to be recorded in the affirmative.

 8               The Secretary will announce the 

 9  result.

10               THE SECRETARY:   Ayes, 58.  Nays, 

11  1.  Senator Ball recorded in the negative.

12               ACTING PRESIDENT O'MARA:   The 

13  resolution is adopted.

14               THE SECRETARY:   Calendar Number 

15  1330, by Senator DeFrancisco, Senate Print 7668, 

16  an act to amend the Vehicle and Traffic Law.

17               ACTING PRESIDENT O'MARA:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect on the 30th day.

21               ACTING PRESIDENT O'MARA:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 55.  Nays, 

25  4.  Senators Ball, Dilan, Parker and Ranzenhofer 

                                                               4575

 1  recorded in the negative.

 2               ACTING PRESIDENT O'MARA:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  1331, by Senator Libous, Senate Print 7671, an 

 6  act to amend the Social Services Law.

 7               ACTING PRESIDENT O'MARA:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 4.  This 

10  act shall take effect February 22, 2014.

11               ACTING PRESIDENT O'MARA:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               ACTING PRESIDENT O'MARA:   Senator 

15  Libous to explain your vote.

16               SENATOR LIBOUS:   Thank you, 

17  Mr. President.  

18               This piece of legislation is the 

19  Public Assistance Integrity Act.  It has been 

20  brought to my attention over the course of the 

21  last several months by a number of constituents 

22  that they're often in line at a food 

23  establishment and people with an EBT card, which 

24  is the electronic benefits card, which allows 

25  them food stamps, which is something that -- 

                                                               4576

 1  Mr. President, could we have a little order in 

 2  the chamber?

 3               ACTING PRESIDENT O'MARA:   Some 

 4  order in the chamber, please, while Senator 

 5  Libous is explaining his vote.

 6               SENATOR LIBOUS:   Thank you, 

 7  Mr. President.

 8               When a food stamp recipient goes to 

 9  the grocery store, they have access to food which 

10  is entitled to them under the law, and then there 

11  is a cash allowance portion on the EBT card, 

12  which works as a debit card.  What we're trying 

13  to tighten up here is the fact that right now, 

14  under the law, you can use that cash assistance 

15  for gambling, alcohol, cigarettes, lottery 

16  tickets.  

17               And we get quite a few complaints 

18  on an annual basis of people who are in a food 

19  establishment and are using the cash portion -- 

20  rather than buying paper products or vitamins for 

21  their children or the items that are allowed 

22  under the law, they are purchasing these other 

23  items, the alcohol.  

24               We have proof and evidence that 

25  they go to racinos.  There was an upstate 

                                                               4577

 1  television station that did an 11-county sting 

 2  and found that the EBT cards were used at strip 

 3  clubs.

 4                This legislation, Mr. President, 

 5  is going to begin the process of controlling 

 6  that.  We are obligated by federal law by 

 7  February 2014 to make sure that the assistance 

 8  portion is not used for these items.  And if we 

 9  don't oblige by 2014, February, the State of 

10  New York will lose $125 million in TANF money.  

11               So, Mr. President, I understand 

12  that people need food stamps.  I understand that 

13  they need public assistance.  That's why we have 

14  the program.  But I don't understand why they 

15  need to go to strip clubs with the public 

16  assistance.  I don't understand why they need to 

17  buy lottery tickets or go to a racino or buy 

18  alcohol.  

19               And this bill begins the process of 

20  conforming that, so that we can conform to the 

21  federal law that was passed, most recently, that 

22  basically says by 2014, February, we will lose 

23  $125 million in TANF money.  

24               Mr. President, I vote aye.

25               ACTING PRESIDENT O'MARA:   Senator 

                                                               4578

 1  Libous to be recorded in the affirmative.

 2               Senator DeFrancisco to explain your 

 3  vote.

 4               SENATOR DeFRANCISCO:   Yes, I just 

 5  want to thank Senator Libous.  This is a very 

 6  logical, very smart bill.  

 7               It's not only what's going to be 

 8  required in 2014, but it just makes common 

 9  sense.  If the general public -- the basic 

10  response I've gotten, when the information came 

11  out that Tom Libous's bill was going to be put 

12  in, was that "They can do that?  Are you kidding 

13  me?  They can use an EBT card in order to go to a 

14  racetrack or buy alcohol?  It's unbelievable.  

15  I'm paying for that."  And that outrage is 

16  well-placed.  

17               And all this bill is doing is being 

18  proactive and cleaning this up now rather than 

19  when we're legally required to do it in 2014.  

20               So I think this is a great bill, 

21  and I vote aye.

22               ACTING PRESIDENT O'MARA:   Senator 

23  DeFrancisco will be recorded in the affirmative.

24               The Secretary will announce the 

25  result.

                                                               4579

 1               THE SECRETARY:   Ayes, 56.  Nays, 

 2  3.  Senators Hassell-Thompson, Montgomery and 

 3  Perkins recorded in the negative.  

 4               ACTING PRESIDENT O'MARA:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  1332, by Senator Fuschillo, Senate Print 7681, an 

 8  act to authorize.

 9               ACTING PRESIDENT O'MARA:   Read the 

10  last section.

11               THE SECRETARY:   Section 3.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT O'MARA:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 59.

17               ACTING PRESIDENT O'MARA:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  1333, by Senator Ritchie, Senate Print 7688, an 

21  act to amend the Penal Law.

22               ACTING PRESIDENT O'MARA:   Read the 

23  last section.

24               THE SECRETARY:   Section 5.  This 

25  act shall take effect immediately.

                                                               4580

 1               ACTING PRESIDENT O'MARA:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 59.

 5               ACTING PRESIDENT O'MARA:   The bill 

 6  is passed.

 7               THE SECRETARY:   In relation to 

 8  Calendar Number 1334, Senator Fuschillo moves to 

 9  discharge, from the Committee on Rules, Assembly 

10  Bill Number 10239 and substitute it for the 

11  identical Senate Bill Number 7690, Third Reading 

12  Calendar 1334.

13               ACTING PRESIDENT O'MARA:    

14  Substitution ordered.

15               The Secretary will read.

16               THE SECRETARY:   Calendar Number 

17  1334, by Member of the Assembly Dinowitz, 

18  Assembly Print Number 10239, an act to amend the 

19  General Business Law.

20               ACTING PRESIDENT O'MARA:   Read the 

21  last section.

22               THE SECRETARY:   Section 3.  This 

23  act shall take effect on the 60th day.

24               ACTING PRESIDENT O'MARA:   Call the 

25  roll.

                                                               4581

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 59.

 3               ACTING PRESIDENT O'MARA:   The bill 

 4  is passed.

 5               THE SECRETARY:   Calendar Number 

 6  1335, by Senator DeFrancisco, Senate Print 7694, 

 7  an act to authorize.

 8               ACTING PRESIDENT O'MARA:   Read the 

 9  last section.

10               THE SECRETARY:   Section 7.  This 

11  act shall take effect on the same date and in the 

12  same manner as a chapter of the Laws of 2012.

13               ACTING PRESIDENT O'MARA:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 59.

17               ACTING PRESIDENT O'MARA:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  1336, by Senator Flanagan --

21               SENATOR LIBOUS:   Mr. President, I 

22  believe this bill is high.

23               ACTING PRESIDENT O'MARA:   The bill 

24  is high and will be laid aside for the day.

25               THE SECRETARY:   Calendar Number 

                                                               4582

 1  1337, by Senator Golden, Senate Print 7720, an 

 2  act to amend the Penal Law.

 3               ACTING PRESIDENT O'MARA:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 2.  This 

 6  act shall take effect on the first of November.

 7               ACTING PRESIDENT O'MARA:   Call the 

 8  roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 58.  Nays, 

11  1.  Senator Duane recorded in the negative.

12               ACTING PRESIDENT O'MARA:   The bill 

13  is passed.

14               THE SECRETARY:   Calendar Number 

15  1338, by Senator Marcellino, Senate Print 7733, 

16  an act to amend the Tax Law.

17               ACTING PRESIDENT O'MARA:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect January 1, 2013.

21               ACTING PRESIDENT O'MARA:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               ACTING PRESIDENT O'MARA:   Senator 

25  Krueger to explain your vote.

                                                               4583

 1               SENATOR KRUEGER:   Thank you, 

 2  Mr. President.  I rise to explain that I am 

 3  supporting this bill.  

 4               I am very pleased that so late in 

 5  the session a bill that I have worked on for 

 6  quite a few years, and been proud to have been 

 7  cited as the author in several other states of 

 8  the bill that had yet to become law in New York 

 9  State, that in working with Senator Marcellino, 

10  after we held a hearing on the issue and heard 

11  from many experts about the value of taking 

12  action to prevent illegal software and hardware 

13  devices, such as zappers, to cheat all of us out 

14  of the payment of sales tax -- so people are 

15  paying their sales tax at the store or the 

16  restaurant, but the state is not receiving the 

17  sales tax.  

18               Which means not only do we all get 

19  cheated out of the tax revenue we need for the 

20  State of New York, it also means that businesses 

21  who play by the rules, who collect and pay their 

22  sales tax, are at a disadvantage against those 

23  businesses who violate and commit tax fraud.  

24               So I'm very happy to stand in 

25  support of this bill today, and I want to thank 

                                                               4584

 1  my colleague Senator Marcellino for moving it 

 2  down the field.  And I'm hoping the other house 

 3  will pass this bill and we can see this law in 

 4  the State of New York.

 5               Thank you, Mr. President.

 6               ACTING PRESIDENT O'MARA:   Senator 

 7  Krueger will be recorded in the affirmative.

 8               The Secretary will announce the 

 9  result.

10               THE SECRETARY:   Ayes, 59.

11               ACTING PRESIDENT O'MARA:   The bill 

12  is passed.

13               THE SECRETARY:   In relation to 

14  Calendar Number 1339, Senator Maziarz moves to 

15  discharge, from the Committee on Rules, Assembly 

16  Bill Number 10576 and substitute it for the 

17  identical Senate Bill Number 7593, Third Reading 

18  Calendar 1339.

19               ACTING PRESIDENT O'MARA:    

20  Substitution ordered.

21               The Secretary will read.

22               THE SECRETARY:   Calendar Number 

23  1339, by the Assembly Committee on Rules, 

24  Assembly Print Number 10576, an act to amend the 

25  Town Law.

                                                               4585

 1               ACTING PRESIDENT O'MARA:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT O'MARA:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 59.

 9               ACTING PRESIDENT O'MARA:   The bill 

10  is passed.

11               THE SECRETARY:   In relation to 

12  Calendar Number 1340, Senator Oppenheimer moves 

13  to discharge, from the Committee on Rules, 

14  Assembly Bill Number 10566 and substitute it for 

15  the identical Senate Bill Number 7601, Third 

16  Reading Calendar 1340.

17               ACTING PRESIDENT O'MARA:    

18  Substitution ordered.

19               The Secretary will read.

20               THE SECRETARY:   Calendar Number 

21  1340, by the Assembly Committee on Rules, 

22  Assembly Print Number 10566, an act to authorize.

23               ACTING PRESIDENT O'MARA:   Read the 

24  last section.

25               THE SECRETARY:   Section 2.  This 

                                                               4586

 1  act shall take effect immediately.

 2               ACTING PRESIDENT O'MARA:   Call the 

 3  roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 56.  Nays, 

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

 7  in the negative.

 8               ACTING PRESIDENT O'MARA:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  1341, by Senator Breslin, Senate Print 7606A, an 

12  act to authorize the City of Albany.

13               SENATOR BRESLIN:   Lay it aside for 

14  the day, please.

15               ACTING PRESIDENT O'MARA:   The bill 

16  is laid aside for the day.

17               THE SECRETARY:   Calendar Number 

18  1342, by Senator Little, Senate Print --

19               SENATOR LIBOUS:   Mr. President, I 

20  believe this bill is high.

21               ACTING PRESIDENT O'MARA:   The bill 

22  is high and will be laid aside for the day.

23               THE SECRETARY:   Calendar Number 

24  1343, by Senator McDonald, Senate Print 7674, an 

25  act to amend the Highway Law.

                                                               4587

 1               ACTING PRESIDENT O'MARA:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 3.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT O'MARA:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               ACTING PRESIDENT O'MARA:   Senator 

 9  McDonald to explain his vote.

10               SENATOR McDONALD:   Thank you, 

11  Mr. President.  

12               It's a sad occasion when we 

13  dedicate the name of a bridge in my district 

14  after a young man -- I went to his funeral -- 

15  Staff Sergeant Derek Farley.  Derek served in 

16  Iraq, where he was wounded, came home, 

17  volunteered to go back to Afghanistan, where he 

18  was killed.  

19               This so often is happening in every 

20  state in our country to the men and women in our 

21  military today.  It's especially sad when you go 

22  to somebody -- you see the family, you know a few 

23  members of the family, and you know that as great 

24  an honor as it is naming something after your 

25  son, it's not replacing your son.

                                                               4588

 1               Earlier today we honored a hero, 

 2  the police officer from Senator Martins' 

 3  district, and I believe later today we'll be 

 4  honoring some more heroes.  It's always important 

 5  for us in New York State, a very patriotic state, 

 6  in the New York State Senate and the New York 

 7  State Assembly, very patriotic institutions that 

 8  I'm proud to be a part of, that we honor this 

 9  young man who fought in two separate wars and 

10  lost his life.  And he did it for one reason, and 

11  that's because of us.

12               So thank you, Mr. President.

13               ACTING PRESIDENT O'MARA:   Senator 

14  McDonald to be recorded in the affirmative.

15               The Secretary will announce the 

16  result.

17               THE SECRETARY:   Ayes, 59.

18               ACTING PRESIDENT O'MARA:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  1344, by Senator Young, Senate Print 7699, an act 

22  to amend the Parks, Recreation and Historic 

23  Preservation Law.

24               ACTING PRESIDENT O'MARA:   Read the 

25  last section.

                                                               4589

 1               THE SECRETARY:   Section 3.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT O'MARA:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 59.

 7               ACTING PRESIDENT O'MARA:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  1345, by Senator Ball, Senate Print 7704, an act 

11  to amend the Highway Law.

12               ACTING PRESIDENT O'MARA:   Read the 

13  last section.

14               THE SECRETARY:   Section 3.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT O'MARA:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 59.

20               ACTING PRESIDENT O'MARA:   The bill 

21  is passed.

22               THE SECRETARY:   Calendar Number 

23  1346, by Senator Martins, Senate Print 7706A, an 

24  act in relation.

25               SENATOR LIBOUS:   The bill is high, 

                                                               4590

 1  Mr. President.  

 2               ACTING PRESIDENT O'MARA:   The bill 

 3  is high and will be laid aside for the day.

 4               THE SECRETARY:   Calendar Number 

 5  1347, by Senator O'Mara, Senate Print 7739, an 

 6  act to amend the Highway Law.

 7               ACTING PRESIDENT O'MARA:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 3.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT O'MARA:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 59.

15               ACTING PRESIDENT O'MARA:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  1348, by Senator Golden, Senate Print 7742, an 

19  act to amend the Penal Law.

20               ACTING PRESIDENT O'MARA:   Read the 

21  last section.

22               THE SECRETARY:   Section 4.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT O'MARA:   Call the 

25  roll.

                                                               4591

 1               (The Secretary called the roll.)

 2               ACTING PRESIDENT O'MARA:   Senator 

 3  Kennedy to explain your vote.

 4               SENATOR KENNEDY:   Thank you very 

 5  much.

 6               We are committed to making certain 

 7  that New York State does a better job of 

 8  protecting our children.  This important 

 9  legislation will close loopholes that pedophiles 

10  have exploited to access child pornography.  

11               Essentially, under this bill the 

12  law will catch up with technology and put 

13  pedophiles in prison.  It's an important legal 

14  reform.  If you knowingly access child 

15  pornography with the intent to view it, you're 

16  committing a crime and you should be locked up.  

17               A recent court decision said in 

18  order to be convicted of a crime under current 

19  law, a pedophile must download, save, or print 

20  child porn materials.  Basically, they said it's 

21  completely lawful to access and view child 

22  pornography online in New York State.  

23               That's absolutely unacceptable, and 

24  any parent or grandparent should be absolutely 

25  appalled.  Any citizen in New York State should 

                                                               4592

 1  be absolutely appalled.

 2               Under this bill, pedophiles can be 

 3  convicted of a crime if they access child 

 4  pornography through streaming video, storing 

 5  content in a cloud, or through other means that 

 6  don't require downloading or saving it onto a 

 7  computer.

 8               The law has finally caught up with 

 9  technology.  Harsh penalties will now be handed 

10  down to pedophiles who access and view child 

11  porn.  

12               I thank the bill's sponsor for 

13  putting this legislation forward, and I thank the 

14  Governor and legislative leaders for coming to an 

15  agreement that will improve protections for 

16  children all across New York State.

17               Mr. President, I vote aye.

18               ACTING PRESIDENT O'MARA:   Senator 

19  Kennedy to be recorded in the affirmative.

20               Senator Golden to explain your 

21  vote.

22               SENATOR GOLDEN:   On the bill, 

23  Mr. President.  I just want to thank my 

24  colleagues for voting for this bill.  

25               This is an important bill.  This 

                                                               4593

 1  bill will stop the viewing of child pornography.  

 2  And the more that we allow for the viewing of 

 3  child pornography here in the State of New York, 

 4  the more of a need for the content for that video 

 5  to be reproduced and produced.  

 6               We are saddened that we had to pass 

 7  legislation in 2012 to deal with this issue.  One 

 8  would have believed that we would have had 

 9  language in our state law that would have 

10  comported with that of the federal law.  But the 

11  longer that this legislation was out there and 

12  not resolved meant that there were more people 

13  viewing, more people in need of new viewing 

14  content, and more children being victimized and 

15  being abused.

16               This is a great piece of 

17  legislation.  I want to thank my colleagues in 

18  the Assembly, the Governor, and here in this body 

19  for moving and taking the right action.  

20               I vote aye.

21               ACTING PRESIDENT O'MARA:   Senator 

22  Golden to be recorded in the affirmative.

23               Senator Saland to explain your 

24  vote.

25               SENATOR SALAND:   Thank you, 

                                                               4594

 1  Mr. President.  

 2               I rise to commend Senator Golden 

 3  for his efforts with regard to this legislation.  

 4  He jumped to the forefront on this legislation as 

 5  soon as the issue percolated to the surface, 

 6  immediately went to work, worked cooperatively 

 7  with the Governor's office, and has really been 

 8  instrumental in bringing about this final 

 9  resolution.

10               I commend him, I thank him for his 

11  efforts, and I think we all owe him a debt of 

12  gratitude.  Thank you, Senator Golden.  

13               I vote in the affirmative.

14               ACTING PRESIDENT O'MARA:   Senator 

15  Saland to be recorded in the affirmative.

16               Senator Marcellino to explain his 

17  vote.

18               SENATOR MARCELLINO:   Yes, thank 

19  you, Mr. President.

20               I would also like to rise and thank 

21  my colleague Senator Marty Golden, who has taken 

22  the lead on this very significant issue.  

23               Nothing is more important than 

24  protecting our children and protecting our 

25  children's safety.  These individuals who thrive 

                                                               4595

 1  on this kind of garbage are a threat to us all 

 2  and a threat to all of our young people.  And 

 3  Marty has taken it on his broad shoulders to 

 4  protect these people and to protect our children 

 5  and our grandchildren.

 6               I appreciate the fact that he works 

 7  well with the Governor and he worked well with 

 8  the other house, bringing them together so that 

 9  we can get law in this state to do just what we 

10  all want to do, and that is to make sure that we 

11  get rid of child pornography.

12               I know that's a dream, I know it's 

13  not likely to happen in the near future, but 

14  these steps that are being taken here by Senator 

15  Golden, the Governor, and the other house and 

16  this house right now are most important first 

17  steps.

18               So I proudly vote aye, and I again 

19  commend my colleague for his great effort.

20               ACTING PRESIDENT O'MARA:   Senator 

21  Marcellino to be recorded in the affirmative.

22               The Secretary will announce the 

23  result.

24               THE SECRETARY:   Ayes, 59.

25               ACTING PRESIDENT O'MARA:   The bill 

                                                               4596

 1  is passed.

 2               THE SECRETARY:   Calendar Number 

 3  1349, by Senator Skelos, Senate Print 7744, an 

 4  act to amend the Racing, Pari-Mutuel Wagering and 

 5  Breeding Law.

 6               ACTING PRESIDENT O'MARA:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 8.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT O'MARA:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 58.  Nays, 

14  1.  Senator Diaz recorded in the negative.

15               ACTING PRESIDENT O'MARA:   The bill 

16  is passed.

17               Senator Libous, that completes the 

18  noncontroversial reading of Calendar 59A.

19               SENATOR LIBOUS:   Mr. President, 

20  can we go to Calendar 1305 for a minute and lay 

21  it aside for the day, please.  Calendar Number 

22  1305, by Senator Young.  It was laid aside 

23  earlier; I'd like to lay it aside for the day.

24               ACTING PRESIDENT O'MARA:   Calendar 

25  Number 1305 is laid aside for the day.

                                                               4597

 1               SENATOR LIBOUS:   Thank you, 

 2  Mr. President.

 3               Mr. President, at this time would 

 4  you please call on Senator Sampson for a 

 5  statement.

 6               ACTING PRESIDENT O'MARA:   Senator 

 7  Sampson.

 8               SENATOR SAMPSON:   Thank you very 

 9  much, Mr. President.  

10               I am honored and privileged and I 

11  want to thank Assemblyman Nick Perry for bringing 

12  the delegation of Consul Generals from the 

13  Caribbean to this chamber.  And I would like to 

14  have an opportunity just to introduce those who 

15  are here.  

16               We have the Honorable Lennox Price, 

17  the Consul General of Barbados.  We have the 

18  Honorable Barbara Dailey, the Consul General of 

19  Dominica.  We also have the Honorable Derek 

20  James, Consul General of Grenada.  We also have 

21  the Honorable -- I don't want to butcher it -- 

22  Menissa Rambally, Consul General of St. Lucia.

23               We have the Honorable Unashi 

24  Ramnarine, Deputy Consul General of Trinidad and 

25  Tobago.  And also we have the Honorable Herman 

                                                               4598

 1  Lamont, Consul General of Jamaica.  We also have 

 2  the Honorable Henry Y. Martin, Ambassador General 

 3  of St. Kitts and Hevis.  And we also have the 

 4  Honorable Omyma David, Consul General from 

 5  Antigua and Barbuda.  

 6               And so I just want to acknowledge 

 7  the Consul Generals and thank them for the 

 8  opportunity to visit this chamber, and I want to 

 9  thank -- Bahamas, did I get the Bahamas?  Also we 

10  have the Consul General from the Bahamas here 

11  also.  

12               Thank you very much.  And I just 

13  wanted to thank my colleagues and give our 

14  Consul Generals from around the Caribbean a round 

15  of applause for the phenomenal work that they are 

16  doing.

17               (Applause.)

18               ACTING PRESIDENT O'MARA:   Thank 

19  you, Senator Sampson.  

20               It's our pleasure to have you here, 

21  the Consuls General of the Caribbean with us 

22  today.  

23               Member of the Assembly Perry, 

24  Senator Sampson, thank you for arranging this for 

25  us today.  

                                                               4599

 1               Welcome to the New York State 

 2  Senate.  Please enjoy your stay here in Albany 

 3  today.  And we offer you the privileges and the 

 4  cordialities of the New York State Senate.  Thank 

 5  you.

 6               SENATOR SAMPSON:   Mr. President.  

 7               ACTING PRESIDENT O'MARA:   Senator 

 8  Sampson.

 9               SENATOR SAMPSON:   I also just 

10  wanted to acknowledge the Deputy Borough 

11  President of Brooklyn, Deputy Borough President 

12  Chapman from Brooklyn.  Thank you very much, 

13  Deputy Borough President.  

14               (Applause.)

15               SENATOR LIBOUS:   Thank you, 

16  Senator Sampson.

17               Mr. President, at this time could 

18  you call on Senator Hassell-Thompson, please.

19               ACTING PRESIDENT O'MARA:   Senator 

20  Hassell-Thompson.

21               SENATOR HASSELL-THOMPSON:   Thank 

22  you, Mr. President.

23               There will be an immediate meeting 

24  of the Democratic Conference in Room 315.

25               ACTING PRESIDENT O'MARA:   There 

                                                               4600

 1  will be an immediate meeting of the Democratic 

 2  Conference in Room 315.

 3               Senator Libous.

 4               SENATOR LIBOUS:   Thank you, 

 5  Mr. President.  There will be a Rules Committee 

 6  meeting promptly at 3:00 p.m. in Room 332.

 7               ACTING PRESIDENT O'MARA:   There 

 8  will be a meeting of the Rules Committee promptly 

 9  at 3:00 p.m. in Room 332.

10               SENATOR LIBOUS:   Thank you, 

11  Mr. President.

12               ACTING PRESIDENT O'MARA:   The 

13  Senate will stand at ease.

14               (Whereupon, the Senate stood at ease 

15  at 2:24 p.m.)

16               (Whereupon, the Senate reconvened at 

17  3:43 p.m.)

18               ACTING PRESIDENT GRIFFO:   The 

19  Senate will come to order.

20               Senator Libous.

21               SENATOR LIBOUS:   Mr. President, 

22  can we return to reports of standing committees.  

23               I believe there's a report of the 

24  Rules Committee at the desk.  Can we please have 

25  it read.

                                                               4601

 1               ACTING PRESIDENT GRIFFO:   Reports 

 2  of standing committees.  

 3               The Secretary will read the report 

 4  of the Rules Committee.

 5               THE SECRETARY:   Senator Skelos, 

 6  from the Committee on Rules, reports the 

 7  following bills:  

 8               Senate Print 3096, by Senator Ball, 

 9  an act to amend the Military Law; 

10               3645D, by Senator Griffo, an act to 

11  amend the Correction Law; 

12               3957, by Senator Ball, an act to 

13  amend the Military Law; 

14               4345C, by Senator Grisanti, an act 

15  to amend the Environmental Conservation Law; 

16               4568, by Senator Ball, an act to 

17  amend the Military Law; 

18               4747, by Senator O'Mara, an act to 

19  amend the Executive Law; 

20               5271, by Senator Ball, an act to 

21  amend the Executive Law; 

22               5498A, by Senator Ritchie, an act 

23  to amend the Correction Law;

24               5654A, by Senator Zeldin, an act to 

25  amend the Education Law; 

                                                               4602

 1               6340, by Senator Seward, an act in 

 2  relation to legalizing, validating and ratifying; 

 3               6438A, by Senator Golden, an act to 

 4  amend the General Municipal Law; 

 5               6591A, by Senator Golden, an act to 

 6  amend the Real Property Tax Law; 

 7               6762A, by Senator Griffo, an act to 

 8  authorize; 

 9               6881, by Senator Young, an act to 

10  amend the Social Services Law; 

11               6912, by Senator Young, an act to 

12  amend the Education Law; 

13               6921C, by Senator Ranzenhofer, an 

14  act to amend the Public Authorities Law; 

15               7022, by Senator Golden, an act to 

16  amend the Tax Law; 

17               7122, by Senator Flanagan, an act 

18  to amend the Education Law; 

19               7278A, by Senator Young, an act to 

20  amend the Private Housing Finance Law; 

21               7323A, by Senator Zeldin, an act in 

22  relation to conveyance of land;

23               7340, by Senator Ritchie, an act to 

24  amend the Public Health Law; 

25               7477, by Senator Parker, an act to 

                                                               4603

 1  authorize; 

 2               7480, by Senator Golden, an act to 

 3  amend the Real Property Tax Law; 

 4               And Senate 7493A, by Senator 

 5  Griffo, an act to amend the Uniform Commercial 

 6  Code.  

 7               All bills reported direct to third 

 8  reading.

 9               ACTING PRESIDENT GRIFFO:   Senator 

10  Libous.

11               SENATOR LIBOUS:   Mr. President, I 

12  move to accept the report of the Rules Committee.

13               ACTING PRESIDENT GRIFFO:   All in 

14  favor of accepting the Committee on Rules report 

15  signify by saying aye.

16               (Response of "Aye.")

17               ACTING PRESIDENT GRIFFO:    

18  Opposed?  

19               (No response.)

20               ACTING PRESIDENT GRIFFO:   The 

21  Committee on Rules report is accepted.

22               SENATOR LIBOUS:   Mr. President, at 

23  this time could we take up the noncontroversial 

24  reading of Supplemental Active List 1, please.  

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4604

 1  Secretary will read.

 2               THE SECRETARY:   Calendar Number 

 3  247, by Senator Flanagan, Senate Print 4686, an 

 4  act to amend the Highway Law.

 5               ACTING PRESIDENT GRIFFO:   There is 

 6  a home-rule message at the desk.

 7               The Secretary will read the last 

 8  section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT GRIFFO:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 59.

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.

17               THE SECRETARY:   On page 8, Senator 

18  Libous moves to discharge, from the Committee on 

19  Rules, Assembly Bill Number 1346C and substitute 

20  it for the identical Senate Bill Number 5132D, 

21  Third Reading Calendar 249.

22               ACTING PRESIDENT GRIFFO:   The 

23  substitution is so ordered.

24               The Secretary will read.

25               THE SECRETARY:   Calendar Number 

                                                               4605

 1  249, by Member of the Assembly Gantt, Assembly 

 2  Print Number 1346C, an act to amend the Vehicle 

 3  and Traffic Law.

 4               ACTING PRESIDENT GRIFFO:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 2.  This 

 7  act shall take effect on the 180th day.

 8               ACTING PRESIDENT GRIFFO:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               ACTING PRESIDENT GRIFFO:   Results.

12               THE SECRETARY:   Ayes, 59.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is passed.

15               THE SECRETARY:   On page 18, 

16  Senator Little moves to discharge, from the 

17  Committee on Rules, Assembly Bill Number 9422A 

18  and substitute it for the identical Senate Bill 

19  Number 6826A, Third Reading Calendar 599.

20               ACTING PRESIDENT GRIFFO:   The 

21  substitution is so ordered.

22               The Secretary will read.

23               THE SECRETARY:   Calendar Number 

24  599, by Member of the Assembly Sweeney, Assembly 

25  Print Number 9422A, an act to amend the 

                                                               4606

 1  Environmental Conservation Law.

 2               ACTING PRESIDENT GRIFFO:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 4.  This 

 5  act shall take effect on the 180th day.

 6               ACTING PRESIDENT GRIFFO:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               ACTING PRESIDENT GRIFFO:   Senator 

10  Little to explain her vote.

11               SENATOR LITTLE:   Thank you, 

12  Mr. President.  

13               I'd like to thank my colleagues for 

14  their support of this legislation.  It's a piece 

15  of legislation that will require the 

16  Environmental Conservation Department, working 

17  with the Department of Agriculture, to submit a 

18  list of invasive species plants, aquatic as well 

19  as land plants, that will then be prohibited from 

20  being knowingly sold and spread throughout our 

21  communities.  

22               We all know many, many lakes that 

23  are having difficulty with milfoil, hydrilla, 

24  different plants that have invaded our area as 

25  well as some of those plants that have invaded 

                                                               4607

 1  our roadsides, our land plants as well.  

 2               So it's a good bill with a lot of 

 3  support, and I thank you for your votes.  And I 

 4  vote aye.

 5               ACTING PRESIDENT GRIFFO:   Senator 

 6  Little to be recorded in the affirmative.

 7               Announce the results.

 8               THE SECRETARY:   Ayes, 59.

 9               ACTING PRESIDENT GRIFFO:   The bill 

10  is passed.

11               THE SECRETARY:   Calendar Number 

12  914, by Senator Saland, Senate Print 7251B, an 

13  act to authorize.

14               ACTING PRESIDENT GRIFFO:   There is 

15  a home-rule message at the desk.

16               The Secretary will read the last 

17  section.

18               THE SECRETARY:   Section 5.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 59.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               4608

 1               THE SECRETARY:   In relation to 

 2  Calendar Number 914:  Ayes, 58.  Nays, 1.  

 3  Senator Krueger recorded in the negative.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  is passed.

 6               THE SECRETARY:   On page 33, 

 7  Senator Seward moves to discharge, from the 

 8  Committee on Rules, Assembly Bill Number 9442 and 

 9  substitute it for the identical Senate Bill 

10  Number 6284, Third Reading Calendar 957.

11               ACTING PRESIDENT GRIFFO:   The 

12  substitution is so ordered.

13               The Secretary will read.

14               THE SECRETARY:   Calendar Number 

15  957, by Member of the Assembly Lupardo, Assembly 

16  Print Number 9442, an act to amend the Education 

17  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               THE SECRETARY:   Ayes, 59.

                                                               4609

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               Senator Libous, that completes the 

 4  noncontroversial reading of Supplemental Active 

 5  List 1.

 6               SENATOR LIBOUS:   Thank you, 

 7  Mr. President.  

 8               At this time could we take up the 

 9  noncontroversial reading of Senate Supplemental 

10  Calendar Number 59B.

11               ACTING PRESIDENT GRIFFO:   The 

12  Secretary will begin the reading of Senate 

13  Supplemental Calendar 59B.

14               THE SECRETARY:   Calendar Number 

15  1315, by Senator Ball, Senate Print 3096, an act 

16  to amend the Military Law.

17               ACTING PRESIDENT GRIFFO:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect immediately.

21               ACTING PRESIDENT GRIFFO:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 59.

25               ACTING PRESIDENT GRIFFO:   The bill 

                                                               4610

 1  is passed.

 2               THE SECRETARY:   Calendar Number 

 3  1350, by Senator Griffo, Senate Print 3645D, an 

 4  act to amend the Correction Law.

 5               ACTING PRESIDENT GRIFFO:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 3.  This 

 8  act shall take effect on the 180th day.

 9               ACTING PRESIDENT GRIFFO:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               ACTING PRESIDENT GRIFFO:   Senator 

13  Nozzolio to explain his vote.

14               SENATOR NOZZOLIO:   Thank you, 

15  Mr. President.

16               Mr. President and my colleagues, 

17  this is an extremely important legislative 

18  measure that will help prevent serious injury and 

19  in many cases even death.  

20               Mr. President, you're sponsoring 

21  this legislation, and I want to thank you for 

22  your tremendous leadership in putting forth 

23  what's called "Brittany's Law."  Your leadership, 

24  your dedication, your persistence is second to 

25  none, and I am greatly appreciative of you 

                                                               4611

 1  bringing forth this legislation for us to 

 2  consider today.

 3               That it was on one fateful weekday 

 4  afternoon in a small community in the Central 

 5  Finger Lakes called Geneva, New York, where a 

 6  grandmother, in a few short moments, lost her 

 7  daughter and her granddaughter at the hands of a 

 8  convicted felon.  That felon had a history 

 9  unknown to the family, but that was a history of 

10  violence and violent actions.  If the family only 

11  knew, Mr. President, that that individual had a 

12  violent past, the situation may have been 

13  different and young Brittany Passalacqua might 

14  still be alive today.

15               I know, Senator Griffo, you have 

16  addressed this issue because of similar 

17  circumstances in your region of the state, and I 

18  thank you for this statewide legislation that 

19  will help put families on notice when someone 

20  comes into their lives, whether it be through a 

21  new job, a blind date, someone that is coming 

22  into the family for whatever purpose, that the 

23  ability to access criminal histories and 

24  particularly those histories, especially those 

25  histories of violence, is critical.

                                                               4612

 1               It's a way to stop violence, it's a 

 2  way to prevent the incidence of domestic 

 3  violence, it is a legislative measure whose time 

 4  has come in using the information age to help 

 5  prevent crime.  

 6               Thank you, Mr. President, for your 

 7  leadership.  And I want to thank every member of 

 8  this house who votes for this legislation, 

 9  because it's extremely important.  It can prevent 

10  serious injury and death in the future and 

11  prevent crime victims from happening in the first 

12  place.

13               Thank you, Mr. President.

14               ACTING PRESIDENT GRIFFO:   Thank 

15  you, Senator Nozzolio, for your comments.  

16               Senator Nozzolio will be recorded 

17  in the affirmative.

18               Announce the results.

19               THE SECRETARY:   In relation to 

20  Calendar Number 1350, those recorded in the 

21  negative are Senators Duane, Krueger, Montgomery, 

22  Perkins and Serrano.

23               Ayes, 54.  Nays, 5.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               4613

 1               THE SECRETARY:   Calendar Number 

 2  1351, by Senator Ball, Senate Print 3957, an act 

 3  to amend the Military Law.

 4               ACTING PRESIDENT GRIFFO:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 3.  This 

 7  act shall take effect on the 30th day.

 8               ACTING PRESIDENT GRIFFO:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 59.

12               ACTING PRESIDENT GRIFFO:   The bill 

13  is passed.

14               Calendar Number 1352 is high and 

15  will be laid aside for the day.

16               THE SECRETARY:   In relation to 

17  Calendar Number 1353, Senator Ball moves to 

18  discharge, from the Committee on Finance, 

19  Assembly Bill Number 10511 and substitute it for 

20  the identical Senate Bill Number 4568, Third 

21  Reading Calendar 1353.

22               ACTING PRESIDENT GRIFFO:   The 

23  substitution is so ordered.

24               The Secretary will read.

25               THE SECRETARY:   Calendar Number 

                                                               4614

 1  1353, by the Assembly Committee on Rules, 

 2  Assembly Print Number 10511, an act to amend the 

 3  Military Law.

 4               ACTING PRESIDENT GRIFFO:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 2.  This 

 7  act shall take effect immediately.

 8               ACTING PRESIDENT GRIFFO:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 59.

12               ACTING PRESIDENT GRIFFO:   The bill 

13  is passed.

14               THE SECRETARY:   Calendar Number 

15  1354, by Senator O'Mara, Senate Print 4747, an 

16  act to amend the Executive Law.

17               ACTING PRESIDENT GRIFFO:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect on the 90th day.

21               ACTING PRESIDENT GRIFFO:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 59.

25               ACTING PRESIDENT GRIFFO:   The bill 

                                                               4615

 1  is passed.

 2               THE SECRETARY:   Calendar Number 

 3  1355, by Senator Ball, Senate Print 5271, an act 

 4  to amend the Executive Law.

 5               ACTING PRESIDENT GRIFFO:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect on the 180th day.

 9               ACTING PRESIDENT GRIFFO:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 59.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  1356, by Senator Ritchie, Senate Print 5498A, an 

17  act to amend the Correction Law.

18               ACTING PRESIDENT GRIFFO:   Read the 

19  last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect on the 120th day.

22               THE PRESIDENT:   Call the roll.

23               (The Secretary called the roll.)

24               ACTING PRESIDENT GRIFFO:   Announce 

25  the results.

                                                               4616

 1               THE SECRETARY:   In relation to 

 2  Calendar Number 1356, those recorded in the 

 3  negative are Senators Avella, Dilan, Duane, 

 4  Gianaris, Hassell-Thompson, Krueger, Montgomery, 

 5  Parker, Peralta, Perkins, Rivera, Serrano, 

 6  Squadron and Stavisky.

 7               Ayes, 45.  Nays, 14.

 8               ACTING PRESIDENT GRIFFO:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  1357, by Senator Zeldin, Senate Print 5654A, an 

12  act to amend the Education Law.

13               ACTING PRESIDENT GRIFFO:   Read the 

14  last section.

15               THE SECRETARY:   Section 3.  This 

16  act shall take effect October 1, 2012.

17               ACTING PRESIDENT GRIFFO:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Zeldin to explain his vote.

22               SENATOR ZELDIN:   Thank you, 

23  Mr. President.  

24               I rise in support of this 

25  legislation and thank my colleagues who are 

                                                               4617

 1  supporting it today.

 2               Last year, in 2011, Nick Mauriello, 

 3  a wrestler at Hauppauge High School in Suffolk 

 4  County, contracted MRSA.  Although this was one 

 5  isolated incident at Hauppauge High School, for 

 6  decades wrestlers all throughout this state and 

 7  country have been suffering from all sorts of 

 8  infectious skin diseases.

 9               This is a piece of legislation 

10  drafted by coaches, the athletic directors, the 

11  physicians involved with the sport.  And I thank 

12  them for putting forth a piece of legislation 

13  that will allow us to educate coaches and 

14  wrestlers.  But I really thank the wrestling 

15  coaches for their leadership and initiative to 

16  bring this forward.  

17               I vote aye and thank my colleagues 

18  who support it.

19               ACTING PRESIDENT GRIFFO:   Senator 

20  Zeldin to be recorded in the affirmative.

21               Announce the results.

22               THE SECRETARY:   Ayes, 58.  Nays, 

23  1.  Senator Duane recorded in the negative.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               4618

 1               THE SECRETARY:   Calendar Number 

 2  1358, by Senator Seward, Senate Print 6340, an 

 3  act to amend the in relation to legalizing, 

 4  validating, and ratifying.

 5               ACTING PRESIDENT GRIFFO:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 3.  This 

 8  act shall take effect immediately.

 9               SENATOR LIBOUS:   Lay the bill 

10  aside for the day.

11               ACTING PRESIDENT GRIFFO:   Lay it 

12  aside for the day.

13               THE SECRETARY:   In relation to 

14  Calendar Number 1359, Senator Golden moves to 

15  discharge, from the Committee on Local 

16  Government, Assembly Bill Number 9116A and 

17  substitute it for the identical Senate Bill 

18  Number 6438A, Third Reading Calendar 1359.

19               ACTING PRESIDENT GRIFFO:   The 

20  substitution is so ordered.

21               The Secretary will read.

22               THE SECRETARY:   Calendar Number 

23  1359, by Member of the Assembly Markey, Assembly 

24  Print Number 9116A, an act to amend the General 

25  Municipal Law.

                                                               4619

 1               ACTING PRESIDENT GRIFFO:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 3.  This 

 4  act shall take effect July 1, 2012.

 5               ACTING PRESIDENT GRIFFO:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 59.

 9               ACTING PRESIDENT GRIFFO:   The bill 

10  is passed.

11               THE SECRETARY:   In relation to 

12  Calendar Number 1360, Senator Golden moves to 

13  discharge, from the Committee on Aging, Assembly 

14  Bill Number 9223A and substitute it for the 

15  identical Senate Bill Number 6591A, Third Reading 

16  Calendar 1360.

17               ACTING PRESIDENT GRIFFO:   The 

18  substitution is so ordered.

19               The Secretary will read.

20               THE SECRETARY:   Calendar Number 

21  1360, by Member of the Assembly Simotas, Assembly 

22  Print Number 9223A, an act to amend the Real 

23  Property Tax Law.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               4620

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT GRIFFO:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 59.

 7               ACTING PRESIDENT GRIFFO:   The bill 

 8  is passed.

 9               THE SECRETARY:   In relation to 

10  Calendar Number 1361, Senator Griffo moves to 

11  discharge, from the Committee on Rules, Assembly 

12  Bill Number 9663A and substitute it for the 

13  identical Senate Bill Number 6762A, Third Reading 

14  Calendar 1361.

15               ACTING PRESIDENT GRIFFO:   The 

16  substitution is so ordered.

17               The Secretary will read.

18               SENATOR BRESLIN:   Lay it aside.

19               ACTING PRESIDENT GRIFFO:   The bill 

20  is laid aside.

21               THE SECRETARY:   Calendar Number 

22  1362, by Senator Young, Senate Print 6881, an act 

23  to amend the Social Services Law.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               4621

 1               THE SECRETARY:   Section 3.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT GRIFFO:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 58.  Nays, 

 7  1.  Senator Duane recorded in the negative.

 8               ACTING PRESIDENT GRIFFO:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  1363, by Senator Young, Senate Print 6912, an act 

12  to amend the Education Law.

13               ACTING PRESIDENT GRIFFO:   Read the 

14  last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT GRIFFO:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 58.  Nays, 

21  1.  Senator LaValle recorded in the negative.

22               ACTING PRESIDENT GRIFFO:   The bill 

23  is passed.

24               THE SECRETARY:   Calendar Number 

25  1364, by Senator Ranzenhofer, Senate Print 6921C, 

                                                               4622

 1  an act to amend the Public Authorities Law.

 2               ACTING PRESIDENT GRIFFO:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT GRIFFO:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 59.

10               ACTING PRESIDENT GRIFFO:   The bill 

11  is passed.

12               THE SECRETARY:   Calendar Number 

13  1365, by Senator Golden, Senate Print 7022, an 

14  act to amend the Tax Law.

15               ACTING PRESIDENT GRIFFO:   Read the 

16  last section.

17               SENATOR BRESLIN:   Lay it aside.

18               ACTING PRESIDENT GRIFFO:   Lay the 

19  bill aside.

20               THE SECRETARY:   Calendar Number 

21  1366, by Senator Flanagan, Senate Print 7122, an 

22  act to amend the Education Law.

23               ACTING PRESIDENT GRIFFO:   Read the 

24  last section.

25               THE SECRETARY:   Section 5.  This 

                                                               4623

 1  act shall take effect immediately.

 2               ACTING PRESIDENT GRIFFO:   Call the 

 3  roll.

 4               (The Secretary called the roll.)

 5               ACTING PRESIDENT GRIFFO:   Announce 

 6  the results.

 7               THE SECRETARY:   In relation to 

 8  Calendar Number 1366, those recorded in the 

 9  negative are Senators Addabbo, Avella, Duane, 

10  Gianaris, Krueger, Montgomery, Parker, Peralta, 

11  Perkins, Rivera, Savino, Serrano and Stavisky.  

12               Ayes, 46.  Nays, 13.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is passed.

15               THE SECRETARY:   In relation to 

16  Calendar Number 1367, Senator Young moves to 

17  discharge, from the Committee on Rules, Assembly 

18  Bill Number 9843A and substitute it for the 

19  identical Senate Bill Number 7278A, Third Reading 

20  Calendar 1367.

21               ACTING PRESIDENT GRIFFO:   The 

22  substitution is so ordered.

23               The Secretary will read.

24               THE SECRETARY:   Calendar Number 

25  1367, by Member of the Assembly Lopez, Assembly 

                                                               4624

 1  Print Number 9843A, an act to amend the Private 

 2  Housing Finance Law.

 3               ACTING PRESIDENT GRIFFO:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 2.  This 

 6  act shall take effect immediately.

 7               ACTING PRESIDENT GRIFFO:   Call the 

 8  roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 59.

11               ACTING PRESIDENT GRIFFO:   The bill 

12  is passed.

13               THE SECRETARY:   Calendar Number 

14  1368, by Senator Zeldin, Senate Print 7323A, an 

15  act in relation to the conveyance.

16               ACTING PRESIDENT GRIFFO:   There is 

17  a home-rule message at the desk.

18               The Secretary will read the last 

19  section.

20               THE SECRETARY:   Section 5.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT GRIFFO:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 59.

                                                               4625

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               THE SECRETARY:   In relation to 

 4  Calendar Number 1369, Senator Ritchie moves to 

 5  discharge, from the Committee on Rules, Assembly 

 6  Bill Number 10372 and substitute it for the 

 7  identical Senate Bill Number 7340, Third Reading 

 8  Calendar 1369.

 9               ACTING PRESIDENT GRIFFO:   The 

10  substitution is so ordered.

11               The Secretary will read.

12               THE SECRETARY:   Calendar Number 

13  1369, by Member of the Assembly Magnarelli, 

14  Assembly Print Number 10372, an act to amend the 

15  Public Health Law.

16               ACTING PRESIDENT GRIFFO:   Read the 

17  last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 59.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               4626

 1               THE SECRETARY:   Calendar Number 

 2  1370, by Senator Parker, Senate Print 7477, an 

 3  act to authorize.

 4               ACTING PRESIDENT GRIFFO:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 2.  This 

 7  act shall take effect immediately.

 8               ACTING PRESIDENT GRIFFO:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   In relation to 

12  Calendar Number 1370, those recorded in the 

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

14               Ayes, 56.  Nays, 3.

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  1371, by Senator Golden, Senate Print 7480, an 

19  act to amend the Real Property Tax Law.

20               ACTING PRESIDENT GRIFFO:   Read the 

21  last section.

22               THE SECRETARY:   Section 12.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT GRIFFO:   Call the 

25  roll.

                                                               4627

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 59.

 3               ACTING PRESIDENT GRIFFO:   The bill 

 4  is passed.

 5               THE SECRETARY:   In relation to 

 6  Calendar Number 1372, Senator Griffo moves to 

 7  discharge, from the Committee on Rules, Assembly 

 8  Bill Number 10591 and substitute it for the 

 9  identical Senate Bill Number 7493A, Third Reading 

10  Calendar 1372.

11               ACTING PRESIDENT GRIFFO:   The 

12  substitution is so ordered.

13               The Secretary will read.

14               THE SECRETARY:   Calendar Number 

15  1372, by the Assembly Committee on Rules, 

16  Assembly Print Number 10591, an act to amend the 

17  Uniform Commercial Code.

18               ACTING PRESIDENT GRIFFO:   Read the 

19  last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT GRIFFO:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 59.

                                                               4628

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               Senator Libous, that completes the 

 4  noncontroversial reading of Senate Supplemental 

 5  Calendar 59B.

 6               SENATOR LIBOUS:   Thank you, 

 7  Mr. President.  

 8               We are going to take up the 

 9  controversial reading, but I would like to start 

10  with 1365, by Senator Golden.

11               ACTING PRESIDENT GRIFFO:   The 

12  Secretary will ring the bell.

13               The Secretary will read.

14               THE SECRETARY:   Calendar Number 

15  1365, by Senator Golden, Senate Print 7022, an 

16  act to amend the Tax Law.

17               SENATOR BRESLIN:   Explanation.

18               ACTING PRESIDENT GRIFFO:   An 

19  explanation has been requested by Senator 

20  Breslin.

21               Senator Golden.

22               SENATOR GOLDEN:   Thank you, 

23  Mr. President.

24               Yes, this legislation would codify 

25  law in collection of excise tax that is not 

                                                               4629

 1  presently collected through the Internet and 

 2  through out-of-state purchases and would also 

 3  give the retailers and wholesalers that buy -- 

 4  actually the wholesalers that purchase the 

 5  cigars, they pay a floor tax as soon as that 

 6  cigar arrives to their location.  Now the tax 

 7  would not be applied until they had actually sold 

 8  that cigar to the retailer.

 9               So it frees up dollars for the 

10  wholesaler and it collects excise tax for the 

11  State of New York.

12               ACTING PRESIDENT GRIFFO:   Senator 

13  Squadron.

14               SENATOR SQUADRON:   If the sponsor 

15  would yield for a single question.

16               ACTING PRESIDENT GRIFFO:   Sponsor, 

17  do you yield?  

18               SENATOR GOLDEN:   Yes, 

19  Mr. President.

20               ACTING PRESIDENT GRIFFO:   The 

21  sponsor yields.

22               SENATOR SQUADRON:   So if I 

23  understand, this simply creates consistency so at 

24  the point of retail sale, whether the Internet or 

25  in person or anything else in this state, that's 

                                                               4630

 1  when the tax gets levied?  As opposed to a system 

 2  now where the Internet gets left behind and the 

 3  wholesalers have to put themselves out before 

 4  selling it retail?  

 5               SENATOR GOLDEN:   That's correct.  

 6  Yes, Mr. President.

 7               SENATOR SQUADRON:   Thank you very 

 8  much.  

 9               On the bill, Mr. President.

10               ACTING PRESIDENT GRIFFO:   Senator 

11  Squadron on the bill.

12               SENATOR SQUADRON:   Thank you very 

13  much.  

14               I know we've got a lot to do 

15  today.  This was an interesting bill, and I 

16  appreciate the explanation, and it strikes me as 

17  a bill that makes sense.  I will be voting in the 

18  affirmative.  

19               Thank you, Mr. President.

20               ACTING PRESIDENT GRIFFO:   Hearing 

21  and seeing no other Senator wishing to debate, 

22  the debate is closed and the Secretary will ring 

23  the bell.  

24               ACTING PRESIDENT O'MARA:   Read the 

25  last section.

                                                               4631

 1               THE SECRETARY:   Section 4.  This 

 2  act shall take effect on the first day of the 

 3  month next commencing.

 4               ACTING PRESIDENT O'MARA:   Call the 

 5  roll.

 6               (The Secretary called the roll.)

 7               ACTING PRESIDENT O'MARA:   Announce 

 8  the result.

 9               THE SECRETARY:   In relation to 

10  Calendar Number 1365, those recorded in the 

11  negative are Senators Ball, Diaz, Duane, LaValle, 

12  Maziarz, and Perkins.

13               Absent from voting:  Senator 

14  Oppenheimer.  

15               Ayes, 52.  Nays, 6.

16               ACTING PRESIDENT O'MARA:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  1361, by Member of the Assembly Brindisi, 

20  Assembly Print Number 9663A, an act to authorize.

21               ACTING PRESIDENT O'MARA:   Read the 

22  last section.

23               SENATOR KRUEGER:   Explanation.

24               ACTING PRESIDENT O'MARA:   Senator 

25  Krueger.

                                                               4632

 1               SENATOR KRUEGER:   An explanation, 

 2  please.

 3               ACTING PRESIDENT O'MARA:   Senator 

 4  Griffo, an explanation has been requested.

 5               SENATOR GRIFFO:   Thank you, 

 6  Mr. President.

 7               This bill would authorize the Urban 

 8  Development Corporation, also known as the Empire 

 9  State Development Corporation, to enter into 

10  agreements to develop a Cyber Research 

11  Institute.  

12               As you know, this year with the 

13  Department of Defense cutbacks in Washington, as 

14  well as with the concerns that we've had about a 

15  potential BRACC that may be -- Base Realignment 

16  and Closure Commission, which also may be coming, 

17  we are trying to do whatever we can in New York 

18  State to continue to preserve and protect the 

19  military assets that we have in this state, 

20  across the state from Western New York to the 

21  City area.  

22               And we want to be able to prove 

23  their mission-effectiveness and their 

24  cost-effectiveness.  

25               In this particular bill we're 

                                                               4633

 1  dealing with the Air Force Research Lab in Rome, 

 2  which is extensively involved in a lot of 

 3  communications, control, intelligence and 

 4  cybersecurity.  

 5               What this would do is establish a 

 6  Cyber Research Institute which would work with 

 7  the Air Force Research Lab as well as with many 

 8  of our outstanding universities here in the State 

 9  of New York to continue to do the work to protect 

10  our country, but also to allow us, in doing that 

11  process, to solidify the defense assets that 

12  currently call New York State their home.  

13               SENATOR KRUEGER:   Through you, 

14  Mr. President, if the sponsor would yield.

15               ACTING PRESIDENT O'MARA:   Senator 

16  Griffo, will you yield for a question?  

17               SENATOR GRIFFO:   I most certainly 

18  will.

19               SENATOR KRUEGER:   So as I read 

20  this bill, Senator, this sounded like a perfect 

21  model program to be submitted and reviewed for 

22  the Regional Economic Councils that were 

23  created.  Was this not put through as a proposal 

24  to the Regional Economic Council that is 

25  effective in this area?  

                                                               4634

 1               SENATOR GRIFFO:   Mr. President, 

 2  through you.  Senator, as I indicated earlier, 

 3  this year there have been many projects that have 

 4  been put forward to advance economic growth.  But 

 5  I think what has happened is the Department of 

 6  Defense has most recently announced potential 

 7  BRACCs in the future, as well as the significant 

 8  downsizing because of the lack of consensus in 

 9  Congress to deal with some of the issues relative 

10  to cuts in the federal budget.

11               So the concern is that the 

12  department may be making unilateral cuts on its 

13  own now because of the lack of consensus in 

14  Congress.  

15               So as a result of that, a number of 

16  communities -- in this particular instance, the 

17  Central New York community has come up with a 

18  concept to further advance and to solidify the 

19  presence of the Air Force Research Lab, which not 

20  only employs over a thousand people 

21  professionally directly, but has a lot of 

22  indirect employment through contractors too.  

23               So I think what this was is a 

24  reaction to a good concept and a program that 

25  needs to begin.  Because, you know, you can 

                                                               4635

 1  always look towards the CFA and submit 

 2  proposals.  

 3               This particular concept, the bill 

 4  itself is silent on any appropriation.  I know 

 5  there have been some concerns because of what is 

 6  addressed in the memo.  But the memo basically 

 7  indicates what may be a general idea of what 

 8  would be involved as you begin such a Cyber 

 9  Research Institute.  

10               And the eligibility for funds could 

11  come from a variety of sources.  It could come 

12  from money that we've already established for 

13  protection of defense assets here in New York 

14  State; it could come from Regional Economic 

15  Council awards in the future; it could come from 

16  private investment.  

17               So there are a number of ways in 

18  which we would be able to generate the revenue to 

19  sustain this concept.

20               SENATOR KRUEGER:   Through you, 

21  Mr. President, if the sponsor would continue to 

22  yield.

23               ACTING PRESIDENT O'MARA:   Do you 

24  continue to yield, Senator?  

25               SENATOR GRIFFO:   Sure.

                                                               4636

 1               SENATOR KRUEGER:   Thank you.

 2               So it's not yet been submitted for 

 3  a Regional Economic Development Grant.  It might 

 4  at some point in the future, if I heard you 

 5  correctly.  And there is no appropriation, so 

 6  it's not actually obligating the state to spend 

 7  any money, even though it's projecting a cost of 

 8  $5 million over the next two or three years.

 9               Maybe my confusion is has the 

10  Air Force, which already has -- according to your 

11  bill, the Air Force already has its Information 

12  Assurance and Cyber Science Technology Laboratory 

13  in Rome, New York.  Is there a rumor that they 

14  might be leaving?

15               SENATOR GRIFFO:   Mr. President, 

16  through you.  Senator Krueger, having served, in 

17  a former capacity, as mayor of the city for 

18  several terms and dealing with three BRACCs now, 

19  Base Realignment and Closure Commissions, there 

20  is always a potential threat to the 

21  installations.  

22               We believe that this particular 

23  facility serves the Air Force and our nation 

24  well.  It is, again, both mission-effective and 

25  cost-effective.  But in order to continue, as 

                                                               4637

 1  many other states are across the Union 

 2  currently -- I believe the State of Ohio has 

 3  allocated almost $10 million to $12 million to 

 4  protect its assets across the State of Ohio.  

 5               We believe here in New York that 

 6  whether it's community-driven, as this proposal 

 7  is, that we would try to do what we can to 

 8  enhance the presence of the Air Force Research 

 9  Lab itself.  That is already there, the Air Force 

10  Research Lab in Rome.  

11               This Cyber Research Institute we 

12  believe is a new concept that could really 

13  collaborate with the Air Force Research Lab, 

14  continue to strengthen its presence here, and 

15  hopefully be an opportunity for economic growth 

16  in a segment of this industry that we believe 

17  you'll see future growth in also.

18               So the proposal is to try to get 

19  ahead of what may be happening down the road.  We 

20  don't want to wait.  So that's why there has been 

21  the request for authorization.  Funding appeals 

22  will be contingent upon what's available as we 

23  move forward, both governmentally and in the 

24  private sector.

25               SENATOR KRUEGER:   Thank you, 

                                                               4638

 1  Mr. President.  On the bill.

 2               ACTING PRESIDENT O'MARA:   On the 

 3  bill.

 4               SENATOR KRUEGER:   I appreciate the 

 5  sponsor's answers to my questions.  And in fact, 

 6  my concerns were answered by his responses.  

 7               I think that the opportunity to 

 8  decide whether or not a project such as this 

 9  should receive funding should in fact move 

10  through the existing channels we have for 

11  evaluating best-case options for economic 

12  development in the State of New York.  

13               I think and hope that since this 

14  bill, if it becomes law -- and I am going to vote 

15  for the bill, Mr. President -- that it will be 

16  important to actually get the Air Force to say, 

17  Yes, we want this, and we will work with them.  

18               I also hope as we move forward, 

19  before there's any agreement to commit state 

20  funding to what appears to be a private venture, 

21  potentially coordinating with the Air Force Cyber 

22  Research Institute, that we assure the people of 

23  New York that if there's going to be private 

24  technology and potentially patents and 

25  large-scale revenue to be had from this private 

                                                               4639

 1  company or companies working out of this project, 

 2  that the people of New York would share in any of 

 3  the profits that might be made.  

 4               I think that New York State has 

 5  successful and unsuccessful models of investing 

 6  in new technology and research, both those that 

 7  fail to get off the ground and fail to produce 

 8  jobs and also some that have been extremely 

 9  successful but where perhaps the State of 

10  New York has failed to recognize its rights as a 

11  shareholder in those investments.

12               So I am happy to support the bill, 

13  but I think a lot more questions will need to be 

14  dealt with down the line if this funding and this 

15  institute is actually created with government 

16  money from the State of New York.

17               Thank you, Mr. President.

18               ACTING PRESIDENT O'MARA:   Seeing 

19  no other Senators wishing to be heard, debate is 

20  closed.  The Secretary will ring the bell.  

21               The Secretary will read the last 

22  section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT O'MARA:   Call the 

                                                               4640

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 59.

 4               ACTING PRESIDENT O'MARA:   The bill 

 5  is passed.

 6               Senator Libous, that completes the 

 7  controversial reading of Supplemental Calendar 

 8  59B.

 9               SENATOR LIBOUS:   Mr. President, 

10  would you call on Senator Hassell-Thompson.

11               ACTING PRESIDENT O'MARA:   Senator 

12  Hassell-Thompson.

13               SENATOR HASSELL-THOMPSON:   Thank 

14  you, Mr. President.  

15               There will be an immediate meeting 

16  of the Democratic Conference in Room 315.

17               ACTING PRESIDENT O'MARA:   There 

18  will be an immediate meeting of the Democratic 

19  Conference in Room 315.

20               SENATOR LIBOUS:   Mr. President.

21               ACTING PRESIDENT O'MARA:   Senator 

22  Libous.

23               SENATOR LIBOUS:   The Senate will 

24  stand at ease and reconvene at 10 minutes to 

25  5:00.

                                                               4641

 1               ACTING PRESIDENT O'MARA:   The 

 2  Senate will stand at ease and reconvene at 

 3  10 minutes to 5:00.

 4               (Whereupon, the Senate stood at 

 5  ease at 4:24 p.m.)

 6               (Whereupon, the Senate reconvened 

 7  at 5:43 p.m.)

 8               SENATOR LIBOUS:   Mr. President.

 9               ACTING PRESIDENT GRIFFO:   Senator 

10  Libous.

11               SENATOR LIBOUS:   Could we return 

12  to motions at this time, please. 

13               ACTING PRESIDENT GRIFFO:   We'll 

14  return to motions.

15               SENATOR LIBOUS:   On behalf of 

16  Senator Golden, Mr. President, I wish to call up 

17  his bill, Senate Print 7480, recalled from the 

18  Assembly, which is now at the desk.

19               ACTING PRESIDENT GRIFFO:   The 

20  Secretary will read.

21               THE SECRETARY:   Calendar Number 

22  1371, by Senator Golden, Senate Print 7480, an 

23  act to amend the Real Property Tax Law.

24               SENATOR LIBOUS:   Mr. President, I 

25  now move to reconsider the vote by which this 

                                                               4642

 1  bill was passed.

 2               ACTING PRESIDENT GRIFFO:   Call the 

 3  roll on reconsideration.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 59.

 6               ACTING PRESIDENT GRIFFO:   The bill 

 7  is restored to third reading.

 8               SENATOR LIBOUS:   Thank you, 

 9  Mr. President.

10               Mr. President, at this time could 

11  we have the noncontroversial reading of 

12  Supplemental Active List Number 2.

13               ACTING PRESIDENT GRIFFO:   The 

14  Secretary will read.

15               THE SECRETARY:   Calendar Number 

16  82, by Senator Zeldin, Senate Print 4262A, an act 

17  to amend the Civil Service Law.

18               ACTING PRESIDENT GRIFFO:   Read the 

19  last section.

20               THE SECRETARY:   Section 4.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT GRIFFO:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 59.

                                                               4643

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               THE SECRETARY:   On page 6, Senator 

 4  Gallivan moves to discharge, from the Committee 

 5  on Rules, Assembly Bill Number 8173B and 

 6  substitute it for the identical Senate Bill 

 7  Number 5557B, Third Reading Calendar 168.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  substitution is so ordered.

10               The Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  168, by Member of the Assembly Smardz, Assembly 

13  Print 8173B, an act to amend the Real Property 

14  Tax Law.

15               ACTING PRESIDENT GRIFFO:   Read the 

16  last section.

17               THE SECRETARY:   Section 2.  This 

18  act shall take effect immediately.

19               ACTING PRESIDENT GRIFFO:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 59.

23               ACTING PRESIDENT GRIFFO:   The bill 

24  is passed.

25               THE SECRETARY:   On page 7, Senator 

                                                               4644

 1  Gallivan moves to discharge, from the Committee 

 2  on Rules, Assembly Bill Number 8414B and 

 3  substitute it for the identical Senate Bill 

 4  Number 6069B, Third Reading Calendar 238.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  substitution is so ordered.

 7               The Secretary will read.

 8               THE SECRETARY:   Calendar Number 

 9  238, by Member of the Assembly Paulin, Assembly 

10  Print Number 8414B, an act to amend the Public 

11  Health Law.

12               ACTING PRESIDENT GRIFFO:   Read the 

13  last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect on the 60th day.

16               ACTING PRESIDENT GRIFFO:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 59.

20               ACTING PRESIDENT GRIFFO:   The bill 

21  is passed.

22               THE SECRETARY:   On page 7, Senator 

23  Ball moves to discharge, from the Committee on 

24  Health, Assembly Bill Number 9847A and substitute 

25  it for the identical Senate Bill Number 6305B, 

                                                               4645

 1  Third Reading Calendar 239.

 2               ACTING PRESIDENT GRIFFO:   The 

 3  substitution is so ordered.

 4               The Secretary will read.

 5               THE SECRETARY:   Calendar Number 

 6  239, by Member of the Assembly Paulin, Assembly 

 7  Print Number 9847A, an act to amend the Public 

 8  Health Law.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 2.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 59.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is passed.

19               THE SECRETARY:   On page 8, Senator 

20  Farley moves to discharge, from the Committee on 

21  Rules, Assembly Bill Number 10099A and substitute 

22  it for the identical Senate Bill Number 5765A, 

23  Third Reading Calendar 251.

24               ACTING PRESIDENT GRIFFO:   The 

25  substitution is so ordered.

                                                               4646

 1               The Secretary will read.

 2               THE SECRETARY:   Calendar Number 

 3  251, by Member of the Assembly Amedore, Assembly 

 4  Print 10099A, an act relating to permitting.

 5               ACTING PRESIDENT GRIFFO:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT GRIFFO:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 59.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  278, by Senator Marcellino, Senate Print 6547A, 

17  an act to amend the Alcoholic Beverage Control 

18  Law.

19               ACTING PRESIDENT GRIFFO:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               4647

 1               THE SECRETARY:   Ayes, 57.  Nays, 

 2  2.  Senators Diaz and Fuschillo recorded in the 

 3  negative.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  444, by Senator Young, Senate Print 4359A, an act 

 8  to amend the General Municipal Law.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 7.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 59.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

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

21  act to amend the Penal Law.

22               ACTING PRESIDENT GRIFFO:   Read the 

23  last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect on the first of November.

                                                               4648

 1               ACTING PRESIDENT GRIFFO:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 58.  Nays, 

 5  1.  Senator Duane recorded in the negative.

 6               ACTING PRESIDENT GRIFFO:   The bill 

 7  is passed.

 8               THE SECRETARY:   Calendar Number 

 9  694, by Senator LaValle, Senate Print 6451A, an 

10  act to authorize.

11               ACTING PRESIDENT GRIFFO:   There is 

12  a home-rule message at the desk.

13               The Secretary will read the last 

14  section.

15               THE SECRETARY:   Section 5.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT GRIFFO:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 59.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               THE SECRETARY:   On page 28, 

24  Senator Hannon moves to discharge, from the 

25  Committee on Rules, Assembly Bill Number 10518A 

                                                               4649

 1  and substitute it for the identical Senate Bill 

 2  Number 7031A, Third Reading Calendar 819.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  substitution is so ordered.

 5               The Secretary will read.

 6               THE SECRETARY:   Calendar Number 

 7  819, by the Assembly Committee on Rules, Assembly 

 8  Print Number 10518A, an act to amend the Public 

 9  Health Law.

10               ACTING PRESIDENT GRIFFO:   Read the 

11  last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect immediately.

14               ACTING PRESIDENT GRIFFO:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 59.

18               ACTING PRESIDENT GRIFFO:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  828, by Senator Young, Senate Print 6585A, an act 

22  to authorize.

23               ACTING PRESIDENT GRIFFO:   There is 

24  a home-rule message at the desk.

25               The Secretary will read the last 

                                                               4650

 1  section.

 2               THE SECRETARY:   Section 8.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call the 

 5  roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 58.  Nays, 

 8  1.  Senator Ball recorded in the negative.

 9               ACTING PRESIDENT GRIFFO:   The bill 

10  is passed.

11               THE SECRETARY:   On page 28, 

12  Senator Martins moves to discharge, from the 

13  Committee on Rules, Assembly Bill Number 9745B 

14  and substitute it for the identical Senate Bill 

15  Number 7047B, Third Reading Calendar 834.

16               ACTING PRESIDENT GRIFFO:   The 

17  substitution is so ordered.  

18               The Secretary will read.

19               THE SECRETARY:   Calendar Number 

20  834, by Member of the Assembly Schimel, Assembly 

21  Print Number 9745B, an act to authorize.

22               ACTING PRESIDENT GRIFFO:   Read the 

23  last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect immediately.

                                                               4651

 1               ACTING PRESIDENT GRIFFO:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 58.  Nays, 

 5  1.  Senator Larkin recorded in the negative.

 6               ACTING PRESIDENT GRIFFO:   The bill 

 7  is passed.

 8               THE SECRETARY:   On page 28, 

 9  Senator Martins moves to discharge, from the 

10  Committee on Rules, Assembly Bill Number 9744B 

11  and substitute it for the identical Senate Bill 

12  Number 7048B, Third Reading Calendar 835.

13               ACTING PRESIDENT GRIFFO:   The 

14  substitution is so ordered.

15               The Secretary will read.

16               THE SECRETARY:   Calendar Number 

17  835, by Member of the Assembly Schimel, Assembly 

18  Print 9744B, an act to authorize.

19               ACTING PRESIDENT GRIFFO:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               4652

 1               THE SECRETARY:   Ayes, 57.  Nays, 

 2  2.  Senators Larkin and O'Mara recorded in the 

 3  negative.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  993, by Senator Seward, Senate Print 4039A, an 

 8  act to amend the Insurance Law.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 6.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 59.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  1023, by Senator Carlucci, Senate Print 4533A, an 

21  act to amend the Agriculture and Markets Law.

22               ACTING PRESIDENT GRIFFO:   Read the 

23  last section.

24               THE SECRETARY:   Section 6.  This 

25  act shall take effect on the first of January.

                                                               4653

 1               ACTING PRESIDENT GRIFFO:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 57.  Nays, 

 5  2.  Senators Diaz and Fuschillo recorded in the 

 6  negative.

 7               ACTING PRESIDENT GRIFFO:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  1045, by Senator Gallivan, Senate Print 6993, an 

11  act to amend the Environmental Conservation Law.

12               ACTING PRESIDENT GRIFFO:   Read the 

13  last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT GRIFFO:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 58.  Nays, 

20  1.  Senator Serrano recorded in the negative.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               THE SECRETARY:   On page 39, 

24  Senator Grisanti moves to discharge, from the 

25  Committee on Rules, Assembly Bill Number 10041B 

                                                               4654

 1  and substitute it for the identical Senate Bill 

 2  Number 7078B, Third Reading Calendar 1046.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  substitution is so ordered.

 5               The Secretary will read.

 6               THE SECRETARY:   Calendar Number 

 7  1046, by Member of the Assembly Rosenthal, 

 8  Assembly Print Number 10041B, an act to amend the 

 9  Environmental Conservation Law.

10               ACTING PRESIDENT GRIFFO:   Read the 

11  last section.

12               THE SECRETARY:   Section 3.  This 

13  act shall take effect on the 60th day.

14               ACTING PRESIDENT GRIFFO:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 59.

18               ACTING PRESIDENT GRIFFO:   The bill  

19  is passed.

20               THE SECRETARY:   On page 44, 

21  Senator Saland moves to discharge, from the 

22  Committee on Local Government, Assembly Bill 

23  Number 9795 and substitute it for the identical 

24  Senate Bill Number 6897, Third Reading Calendar 

25  1121.

                                                               4655

 1               ACTING PRESIDENT GRIFFO:   The 

 2  substitution is so ordered.

 3               The Secretary will read.

 4               THE SECRETARY:   Calendar Number 

 5  1121, by Member of the Assembly Miller, Assembly 

 6  Print Number 9795, an act to amend the Town Law.

 7               ACTING PRESIDENT GRIFFO:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT GRIFFO:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 59.

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  1237, by Senator Bonacic, Senate Print 6110, an 

19  act to amend the Education Law.

20               ACTING PRESIDENT GRIFFO:   Read the 

21  last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT GRIFFO:   Call the 

25  roll.

                                                               4656

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 59.

 3               ACTING PRESIDENT GRIFFO:   The bill 

 4  is passed.

 5               THE SECRETARY:   Calendar Number 

 6  1298, by Senator Libous --

 7               SENATOR LIBOUS:   Lay it aside for 

 8  the day.

 9               ACTING PRESIDENT GRIFFO:   Lay the 

10  bill aside for the day.

11               Senator Libous, that completes the 

12  noncontroversial reading of Supplemental Active 

13  List Number 2.

14               SENATOR LIBOUS:   Thank you, 

15  Mr. President.  Is there any further business at 

16  the desk?  

17               ACTING PRESIDENT GRIFFO:   There is 

18  one note, Senator Libous.  

19               We'd like to wish Senator Serrano 

20  and Senator Martins a happy birthday.

21               SENATOR LIBOUS:   Happy birthday.

22               (Applause.)

23               ACTING PRESIDENT GRIFFO:   There is 

24  no further business before the desk, Senator 

25  Libous.

                                                               4657

 1               SENATOR LIBOUS:   Thank you, 

 2  Mr. President.  

 3               Mr. President, there being no 

 4  further business, I move that the Senate will 

 5  adjourn until Wednesday, June 20th, at 

 6  10:00 a.m.  Not 10:05, not 10:45, but 10:00 a.m.

 7               ACTING PRESIDENT GRIFFO:   On 

 8  motion, the Senate stands adjourned until 

 9  Wednesday, June 20th, at 10:00 a.m. promptly.  

10               Senate adjourned.

11               (Whereupon, at 5:52 p.m., the Senate 

12  adjourned.)

13

14

15

16

17

18

19

20

21

22

23

24

25