Regular Session - June 20, 2012

                                                                   4658

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 20, 2012

11                     10:19 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               4659

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

 2               ACTING PRESIDENT GRIFFO:   The 

 3  Senate will come to order.  

 4               I ask all present to please rise 

 5  and join with me as we recite the Pledge of 

 6  Allegiance to our Flag.

 7               (Whereupon, the assemblage 

 8  recited the Pledge of Allegiance to the Flag.)

 9               ACTING PRESIDENT GRIFFO:    

10  Today's invocation will be offered by the 

11  Rabbi David Eligberg, from Temple Israel here 

12  in Albany.  

13               Rabbi?

14               RABBI ELIGBERG:   Thank you.  I'm 

15  humbled by the opportunity to be here this 

16  morning, and deeply grateful to 

17  Senator Breslin for the invitation to offer 

18  these opening words.  

19               Throughout the world, Jews in 

20  their houses of worship are in the midst of 

21  reading the Book of Numbers.  The Book of 

22  Numbers recounts the wanderings of the 

23  Israelites through the wilderness and the 

24  challenges of leadership confronted by Moses, 

25  Aaron and the Elders of Israel.  

                                                               4660

 1               The journey to the Promised Land 

 2  that they traveled was fraught with trials and 

 3  tribulations, doubts and debate, as the 

 4  emergent nation struggled to craft a society 

 5  reflective of its understanding of living in 

 6  the presence of God.  

 7               When we finally reach the end of 

 8  the narrative in the Book of Numbers, the 

 9  Israelites are close to the Promised Land.  

10  They can see it from the mountaintops as it 

11  beckons from across the river.  But the Book 

12  of Numbers ends there, providing us with an 

13  enduring metaphor that the Promised Land is a 

14  destination towards which we are constantly 

15  striving, that building a society that is a 

16  worthy reflection of the sanctity of all its 

17  citizens demands an ongoing commitment and 

18  continuous effort.

19               So this morning I pray for all of 

20  you who have been entrusted by all those who 

21  live in our wonderful state that you continue 

22  to toil on our behalf, making New York a land 

23  of promise for all its inhabitants.  

24               Supreme Author of Life, we ask 

25  Your blessings for our state, for its 

                                                               4661

 1  government, for its leaders and advisors, and 

 2  for all who exercise just and rightful 

 3  authority.  Teach them insights from Scripture 

 4  that they may administer all affairs of the 

 5  state fairly, that peace and security, 

 6  happiness and prosperity, justice and freedom 

 7  may forever abide in our midst.  

 8               Creator of all flesh, we thank 

 9  You for the precious gift of life and ask that 

10  You bless all the inhabitants of our state 

11  with Your spirit.  May the marvelous senses 

12  with which You have endowed us ever be 

13  directed toward good purposes and noble 

14  objectives.  

15               May citizens of all races and 

16  creeds forge a common bond, in true harmony, 

17  to banish hatred and bigotry and to safeguard 

18  the ideals and free institutions that are the 

19  pride and glory of our country.  

20               Inspire us to utilize our talents 

21  for the improvement of the lot of all of our 

22  fellow men and women and the community in 

23  which we live.  Endow us with strength to live 

24  and labor with sincerity of purpose and 

25  conscientious endeavor.  May honest 

                                                               4662

 1  convictions and sound moral judgment always 

 2  govern our actions.  

 3               Save us from dissension and 

 4  jealousy.  Shield us from pettiness and 

 5  rivalry.  May selfish pride not divide us.  

 6  May pride in one another unite us so that 

 7  together we build a home filled with triumph 

 8  and achievements, fulfillment and lasting 

 9  joy.  

10               And let us say amen.

11               ACTING PRESIDENT GRIFFO:   Thank 

12  you, Rabbi.

13               The reading of the Journal.

14               THE SECRETARY:   In Senate, 

15  Tuesday, June 19th, the Senate met pursuant to 

16  adjournment.  The Journal of Monday, 

17  June 18th, was read and approved.  On motion, 

18  Senate adjourned.

19               ACTING PRESIDENT GRIFFO:    

20  Without objection, the Journal stands approved 

21  as read.

22               Presentation of petitions.  

23               Messages from the Assembly.

24               The Secretary will read.

25               THE SECRETARY:   On page 7, 

                                                               4663

 1  Senator Hannon moves to discharge, from the 

 2  Committee on Rules, Assembly Bill Number 

 3  9664B and substitute it for the identical 

 4  Senate Bill Number 6493B, Third Reading 

 5  Calendar 240.

 6               ACTING PRESIDENT GRIFFO:   

 7  Substitution ordered.

 8               THE SECRETARY:   On page 8, 

 9  Senator Ritchie moves to discharge, from the 

10  Committee on Rules, Assembly Bill Number 8329A 

11  and substitute it for the identical Senate 

12  Bill Number 5641A, Third Reading Calendar 289.

13               ACTING PRESIDENT GRIFFO:    

14  Substitution ordered.

15               THE SECRETARY:   On page 14, 

16  Senator Grisanti moves to discharge, from the 

17  Committee on Rules, Assembly Bill Number 8620C 

18  and substitute it for the identical Senate 

19  Bill Number 5155D, Third Reading Calendar 534.

20               ACTING PRESIDENT GRIFFO:    

21  Substitution ordered.

22               THE SECRETARY:   On page 18, 

23  Senator Little moves to discharge, from the 

24  Committee on Rules, Assembly Bill Number 10546 

25  and substitute it for the identical Senate 

                                                               4664

 1  Bill Number 6719A, Third Reading Calendar 622.

 2               ACTING PRESIDENT GRIFFO:    

 3  Substitution ordered.

 4               THE SECRETARY:   On page 18, 

 5  Senator Golden moves to discharge, from the 

 6  Committee on Rules, Assembly Bill Number 9941 

 7  and substitute it for the identical Senate 

 8  Bill Number 6944, Third Reading Calendar 637.

 9               ACTING PRESIDENT GRIFFO:    

10  Substitution ordered.

11               THE SECRETARY:   On page 26, 

12  Senator Carlucci moves to discharge, from the 

13  Committee on Rules, Assembly Bill Number 

14  10039B and substitute it for the identical 

15  Senate Bill Number 7103A, Third Reading 

16  Calendar 876.

17               ACTING PRESIDENT GRIFFO:    

18  Substitution ordered.

19               THE SECRETARY:   On page 31, 

20  Senator Seward moves to discharge, from the 

21  Committee on Rules, Assembly Bill Number 

22  10532A and substitute it for the identical 

23  Senate Bill Number 7306B, Third Reading 

24  Calendar 998.

25               ACTING PRESIDENT GRIFFO:    

                                                               4665

 1  Substitution ordered.

 2               THE SECRETARY:   And on page 31, 

 3  Senator Flanagan moves to discharge, from the 

 4  Committee on Civil Service and Pensions, 

 5  Assembly Bill Number 9423 and substitute it 

 6  for the identical Senate Bill Number 6576, 

 7  Third Reading Calendar 1006.

 8               ACTING PRESIDENT GRIFFO:    

 9  Substitution ordered.  

10               Messages from the Governor.

11               Reports of standing committees.  

12               Reports of select committees.

13               Communications and reports from 

14  state officers.

15               Motions and resolutions.

16               Senator Libous.

17               SENATOR LIBOUS:   Mr. President, 

18  we don't have any motions or resolutions at 

19  this moment, so if we could go to the 

20  calendar.  

21               We'll give the desk a second to 

22  get ready.  Just give me the nod when you're 

23  ready, and we'll begin the noncontroversial 

24  reading of the active list dated Wednesday, 

25  June 20th.

                                                               4666

 1               ACTING PRESIDENT GRIFFO:   The 

 2  Secretary will read.

 3               THE SECRETARY:   Calendar Number 

 4  240, substituted earlier by Member of the 

 5  Assembly Brindisi, Assembly Print Number 

 6  9664B, an act to amend the Public Health Law.

 7               ACTING PRESIDENT GRIFFO:   Read 

 8  the last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT GRIFFO:   Call 

12  the roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 50.

15               ACTING PRESIDENT GRIFFO:   The 

16  bill is passed.

17               THE SECRETARY:   Calendar Number 

18  289, substituted earlier by Member of the 

19  Assembly Magee, Assembly Print Number 8329A, 

20  an act to amend the Agriculture and Markets 

21  Law.

22               ACTING PRESIDENT GRIFFO:   Read 

23  the last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect immediately.

                                                               4667

 1               ACTING PRESIDENT GRIFFO:   Call 

 2  the roll.

 3               (The Secretary called the roll.)

 4               SENATOR LIBOUS:   Lay the bill 

 5  aside for the day.

 6               ACTING PRESIDENT GRIFFO:   Lay it 

 7  aside for the day.

 8               THE SECRETARY:   Calendar Number 

 9  315, by Senator Smith, Senate Print 3781B, an 

10  act to amend the Banking Law.

11               ACTING PRESIDENT GRIFFO:   Read 

12  the last section.

13               THE SECRETARY:   Section 11.  

14  This act shall take effect on the 30th day.

15               ACTING PRESIDENT GRIFFO:   Call 

16  the roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 50.

19               ACTING PRESIDENT GRIFFO:   The 

20  bill is passed.

21               THE SECRETARY:   Calendar Number 

22  328, by Senator Ball --

23               SENATOR LIBOUS:   Lay that bill 

24  aside for the day, please.

25               ACTING PRESIDENT GRIFFO:   Lay it 

                                                               4668

 1  aside for the day.

 2               THE SECRETARY:   Calendar Number 

 3  356, by Senator Martins, Senate Print --

 4               SENATOR BRESLIN:   Lay it aside.

 5               ACTING PRESIDENT GRIFFO:   Lay it 

 6  aside.

 7               THE SECRETARY:   Calendar Number 

 8  360, by Senator Hannon, Senate Print 6550B, an 

 9  act to authorize.

10               ACTING PRESIDENT GRIFFO:   Read 

11  the last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect immediately.

14               ACTING PRESIDENT GRIFFO:   Call 

15  the roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 43.  Nays, 

18  2.  Senators Bonacic and Larkin recorded in 

19  the negative.  

20               ACTING PRESIDENT GRIFFO:   The 

21  bill is passed.

22               THE SECRETARY:   Calendar Number 

23  377, by Senator Golden, Senate Print 2708, an 

24  act to amend Chapter 912 of the Laws of 1920.

25               ACTING PRESIDENT GRIFFO:   Read 

                                                               4669

 1  the last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call 

 5  the roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 48.  Nays, 

 8  2.  Senators Lanza and Ranzenhofer recorded in 

 9  the negative.

10               ACTING PRESIDENT GRIFFO:   The 

11  bill is passed.

12               THE SECRETARY:   Calendar Number 

13  434, by Senator LaValle, Senate Print 1856A, 

14  an act to amend the Correction Law.

15               ACTING PRESIDENT GRIFFO:   Read 

16  the last section.

17               THE SECRETARY:   Section 2.  This 

18  act shall take effect immediately.

19               ACTING PRESIDENT GRIFFO:   Call 

20  the roll.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 48.  Nays, 

23  2.  Senators Hassell-Thompson and Rivera 

24  recorded in the negative.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4670

 1  bill is passed.

 2               THE SECRETARY:   Calendar Number 

 3  465, by Senator Hannon, Senate Print 6742A, an 

 4  act to amend Chapter 56 of the Laws of 2012.

 5               ACTING PRESIDENT GRIFFO:   Read 

 6  the last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT GRIFFO:   Call 

10  the roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 50.

13               ACTING PRESIDENT GRIFFO:   The 

14  bill is passed.

15               THE SECRETARY:   Calendar Number 

16  534, substituted earlier by Member of the 

17  Assembly Bronson, Assembly Print Number 8620C, 

18  an act to amend the Public Health Law.

19               ACTING PRESIDENT GRIFFO:   Read 

20  the last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect on the 60th day.

23               ACTING PRESIDENT GRIFFO:   Call 

24  the roll.

25               (The Secretary called the roll.)

                                                               4671

 1               ACTING PRESIDENT GRIFFO:    

 2  Senator Griffo to explain his vote.

 3               SENATOR GRISANTI:   Yes, thank 

 4  you, Mr. President.

 5               You know, this legislation, 

 6  especially for New York State, is one of a 

 7  kind, and it requires that central service 

 8  technicians in healthcare facilities be 

 9  certified.  

10               And people don't realize this, 

11  because these people work behind the scenes, 

12  but these central service technicians are 

13  responsible for ensuring that the 

14  instrumentation and equipment used in 

15  medical-surgical procedures is actually clean, 

16  disinfected, inspected and sterilized, to 

17  protect the safety of the patients.

18               So the goal of this legislation 

19  is to make sure they have up-to-date 

20  continuing education, and really to protect 

21  patients.  I mean, it cost hospitals in 

22  New Jersey that started this before almost 

23  $27 million a year in infections that happened 

24  as a result of the equipment not being 

25  sterilized properly.  

                                                               4672

 1               So today New York patients in our 

 2  healthcare facilities will be safer from the 

 3  spread of infections because of this 

 4  legislation.  I vote aye, and I encourage 

 5  everybody else to do so.  I believe the 

 6  Assembly also already passed it.

 7               ACTING PRESIDENT GRIFFO:   

 8  Senator Grisanti to be recorded in the 

 9  affirmative.

10               Announce the results.

11               THE SECRETARY:   Ayes, 50.

12               ACTING PRESIDENT GRIFFO:   The 

13  bill is passed.

14               THE SECRETARY:   Calendar Number 

15  564, by Senator Ranzenhofer, Senate Print 

16  6614A, an act to amend the Education Law.

17               ACTING PRESIDENT GRIFFO:   Read 

18  the last section.

19               THE SECRETARY:   Section 3.  This 

20  act shall take effect immediately.

21               ACTING PRESIDENT GRIFFO:   Call 

22  the roll.

23               (The Secretary called the roll.)

24               ACTING PRESIDENT GRIFFO:    

25  Announce the results.

                                                               4673

 1               THE SECRETARY:   Ayes, 49.  Nays, 

 2  1.  Senator Zeldin recorded in the negative.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  bill is passed.

 5               THE SECRETARY:   Calendar Number 

 6  613, by Senator Marcellino, Senate Print 

 7  6194D, an act to amend the Arts and Cultural 

 8  Affairs Law.

 9               ACTING PRESIDENT GRIFFO:   Read 

10  the last section.

11               THE SECRETARY:   Section 24.  

12  This act shall take effect immediately.

13               ACTING PRESIDENT GRIFFO:   Call 

14  the roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 50.

17               ACTING PRESIDENT GRIFFO:   The 

18  bill is passed.

19               THE SECRETARY:   Calendar Number 

20  622, substituted earlier by the Assembly 

21  Committee on Rules, Assembly Print Number 

22  10546, an act to amend the Parks, Recreation 

23  and Historic Preservation Law.

24               ACTING PRESIDENT GRIFFO:   Read 

25  the last section.

                                                               4674

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT GRIFFO:   Call 

 4  the roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 50.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  bill is passed.

 9               THE SECRETARY:   Calendar Number 

10  637, substituted earlier by Member of the 

11  Assembly Brennan, Assembly Print Number 9941, 

12  an act to amend the Public Authorities Law.

13               ACTING PRESIDENT GRIFFO:   Read 

14  the last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT GRIFFO:   Call 

18  the roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 50.

21               ACTING PRESIDENT GRIFFO:   The 

22  bill is passed.

23               THE SECRETARY:   Calendar Number 

24  724, by Senator Marcellino, Senate Print 

25  3674A, an act to amend the Tax Law.

                                                               4675

 1               ACTING PRESIDENT GRIFFO:   Read 

 2  the last section.

 3               THE SECRETARY:   Section 4.  This 

 4  act shall take effect April 1, 2013.

 5               ACTING PRESIDENT GRIFFO:   Call 

 6  the roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 50.

 9               ACTING PRESIDENT GRIFFO:   The 

10  bill is passed.

11               The next bill, Calendar 725, is 

12  high and will be laid aside for the day.

13               The Secretary will read Calendar 

14  761.

15               THE SECRETARY:   Calendar Number 

16  761, by Senator LaValle, Senate Print 7055A, 

17  an act to amend the Environmental Conservation 

18  Law.

19               ACTING PRESIDENT GRIFFO:   Read 

20  the last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT GRIFFO:   Call 

24  the roll.

25               (The Secretary called the roll.)

                                                               4676

 1               THE SECRETARY:   Ayes, 50.

 2               ACTING PRESIDENT GRIFFO:   The 

 3  bill is passed.

 4               THE SECRETARY:   Calendar Number 

 5  827, by Senator Seward, Senate Print 6578B, an 

 6  act in relation to authorizing.

 7               ACTING PRESIDENT GRIFFO:   There 

 8  is a home-rule message at the desk.

 9               The Secretary will read the last 

10  section.

11               THE SECRETARY:   Section 2.  This 

12  act shall take effect on the 60th day.

13               ACTING PRESIDENT GRIFFO:   Call 

14  the roll.

15               (The Secretary called the roll.)

16               ACTING PRESIDENT GRIFFO:    

17  Announce the results.

18               THE SECRETARY:   In relation to 

19  Calendar Number 827, those recorded in the 

20  negative are Senators Addabbo, Avella, Ball, 

21  Dilan, Duane, Gianaris, Hassell-Thompson, 

22  Kennedy, Krueger, LaValle, Peralta, Perkins, 

23  Rivera, Serrano, Squadron, Stavisky, and 

24  Stewart-Cousins.

25               Ayes, 34.  Nays, 17.

                                                               4677

 1               ACTING PRESIDENT GRIFFO:   The 

 2  bill is passed.

 3               The next bill, Calendar 832, is 

 4  high and will be laid aside for the day.  

 5               The Secretary will read Calendar 

 6  876.

 7               THE SECRETARY:   Calendar Number 

 8  876, substituted earlier today by Member of 

 9  the Assembly Ortiz, Assembly Print 10039B, an 

10  act to amend the Public Health Law.

11               ACTING PRESIDENT GRIFFO:   Read 

12  the last section.

13               THE SECRETARY:   Section 6.  This 

14  act shall take effect one year after it shall 

15  have become law.

16               ACTING PRESIDENT GRIFFO:   Call 

17  the roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 51.

20               ACTING PRESIDENT GRIFFO:   The 

21  bill is passed.

22               THE SECRETARY:   Calendar Number 

23  884, by Senator Ranzenhofer --

24               SENATOR BRESLIN:   Lay it aside.

25               ACTING PRESIDENT GRIFFO:   Lay 

                                                               4678

 1  the bill aside.

 2               THE SECRETARY:   Calendar Number 

 3  907, by Senator Hannon, Senate Print 6701, an 

 4  act to authorize the assessor.

 5               ACTING PRESIDENT GRIFFO:   Read 

 6  the last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT GRIFFO:   Call 

10  the roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 49.  Nays, 

13  2.  Senators Bonacic and Larkin recorded in 

14  the negative.

15               ACTING PRESIDENT GRIFFO:   The 

16  bill is passed.

17               THE SECRETARY:   Calendar Number 

18  938, by Senator Klein, Senate Print 6725, an 

19  act to amend the Penal Law.

20               ACTING PRESIDENT GRIFFO:   Read 

21  the last section.

22               THE SECRETARY:   Section 6.  This 

23  act shall take effect on the first of 

24  November.

25               ACTING PRESIDENT GRIFFO:   Call 

                                                               4679

 1  the roll.

 2               (The Secretary called the roll.)

 3               ACTING PRESIDENT GRIFFO:    

 4  Senator Klein to explain his vote.

 5               SENATOR KLEIN:   Thank you, 

 6  Mr. President.

 7               This is an important piece of 

 8  legislation in light of what's happening all 

 9  over our state with the proliferation of 

10  prescription drug abuse.  Unfortunately, 

11  because of this problem, pharmacists 

12  throughout our state are really on the front 

13  line.  Burglaries and thefts have increased 

14  dramatically over the last five years.

15               This is a simple piece of 

16  legislation which I think corrects an inequity 

17  which enhances the penalty to the charge of 

18  grand larceny in the fourth degree for 

19  stealing a controlled substance.

20               Right now, prescription drugs are 

21  one of the only types of things that are 

22  stolen by a thief which have a much larger 

23  resale value on the street.  If you steal a 

24  TV set, a car, the value of course is not the 

25  same as when you first purchased it.  This is 

                                                               4680

 1  a product that has a tremendous resale value, 

 2  unfortunately causing tremendous amounts of 

 3  crime in our pharmacies.  

 4               So I vote yes, Mr. President.  I 

 5  think this is an important first step is not 

 6  only eliminating the problem, but protecting 

 7  our pharmacists in New York State.

 8               ACTING PRESIDENT GRIFFO:    

 9  Senator Klein to be recorded in the 

10  affirmative.

11               Announce the results.

12               THE SECRETARY:   Ayes, 50.  Nays, 

13  2.  Senators Hassell-Thompson and Perkins 

14  recorded in the negative.

15               ACTING PRESIDENT GRIFFO:   The 

16  bill is passed.

17               THE SECRETARY:   Calendar Number 

18  939, by Senator Carlucci, Senate Print 6746A, 

19  an act to amend the Penal Law.

20               ACTING PRESIDENT GRIFFO:   Read 

21  the last section.

22               THE SECRETARY:   Section 4.  This 

23  act shall take effect on the first of 

24  November.

25               ACTING PRESIDENT GRIFFO:   Call 

                                                               4681

 1  the roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 52.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  bill is passed.

 6               THE SECRETARY:   Calendar Number 

 7  996, by Senator Seward, Senate Print 5024, an 

 8  act to amend the Insurance Law.

 9               ACTING PRESIDENT GRIFFO:   Read 

10  the last section.

11               THE SECRETARY:   Section 3.  This 

12  act shall take effect on the 180th day.

13               ACTING PRESIDENT GRIFFO:   Call 

14  the roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 52.

17               ACTING PRESIDENT GRIFFO:   The 

18  bill is passed.

19               THE SECRETARY:   Calendar Number 

20  998, substituted earlier by the Assembly 

21  Committee on Rules, Assembly Print Number 

22  10532A, an act to amend the Insurance Law.

23               ACTING PRESIDENT GRIFFO:   Read 

24  the last section.

25               THE SECRETARY:   Section 2.  This 

                                                               4682

 1  act shall take effect immediately.

 2               ACTING PRESIDENT GRIFFO:   Call 

 3  the roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 52.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  bill is passed.

 8               THE SECRETARY:   Calendar Number 

 9  999, by Senator Seward, Senate Print 7314A, an 

10  act to amend the Insurance Law.

11               ACTING PRESIDENT GRIFFO:   Read 

12  the last section.

13               THE SECRETARY:   Section 4.  This 

14  act shall take effect on January 1, 2013.

15               ACTING PRESIDENT GRIFFO:   Call 

16  the roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 52.

19               ACTING PRESIDENT GRIFFO:   The 

20  bill is passed.

21               THE SECRETARY:   Calendar Number 

22  1006, substituted earlier by Member of the 

23  Assembly Abbate, Assembly Print Number 9423, 

24  an act to amend the Civil Service Law.

25               ACTING PRESIDENT GRIFFO:   Read 

                                                               4683

 1  the last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call 

 5  the roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 50.  Nays, 

 8  2.  Senators Dilan and Rivera recorded in the 

 9  negative.

10               ACTING PRESIDENT GRIFFO:   The 

11  bill is passed.

12               THE SECRETARY:   Calendar Number 

13  1034, by Senator Hannon, Senate Print --

14               SENATOR BRESLIN:   Lay it aside.

15               ACTING PRESIDENT GRIFFO:   Lay it 

16  aside.

17               THE SECRETARY:   Calendar Number 

18  1128, by Senator Ranzenhofer, Senate Print 

19  7191, an act to incorporate the Main-Transit 

20  Volunteer Exempt Firefighter's Benevolent 

21  Association.

22               ACTING PRESIDENT GRIFFO:   Read 

23  the last section.

24               THE SECRETARY:   Section 8.  This 

25  act shall take effect immediately.

                                                               4684

 1               ACTING PRESIDENT GRIFFO:   Call 

 2  the roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 52.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  bill is passed.

 7               THE SECRETARY:   Calendar Number 

 8  1298, by Senator Libous, Senate Print 7686, an 

 9  act to amend the Alcoholic Beverage Control 

10  Law.

11               ACTING PRESIDENT GRIFFO:   Read 

12  the last section.

13               SENATOR BRESLIN:   Lay it aside.

14               ACTING PRESIDENT GRIFFO:   Lay 

15  the bill aside.

16               Senator Libous, that completes 

17  the noncontroversial reading of the active 

18  list.

19               SENATOR LIBOUS:   Mr. President, 

20  I'm going to call a couple of committee 

21  meetings, because in the effort of moving 

22  things along -- we have a lot of work today, 

23  we're going to be here a long time.  But we're 

24  going to continue -- as I call the committee 

25  meetings, we're still going to do the 

                                                               4685

 1  controversial calendar and debate whatever 

 2  bills are on the floor.

 3               Mr. President, there will be an 

 4  immediate meeting of the Labor Committee in 

 5  Room 332.  That will be followed by an 

 6  immediate meeting of the Civil Service and 

 7  Pensions Committee in Room 332.

 8               So if you would call the Labor 

 9  Committee in Room 332, and then an immediate 

10  meeting of the Civil Service and Pensions 

11  Committee, and then we will continue debate on 

12  the floor on the controversial calendar.

13               ACTING PRESIDENT GRIFFO:   There 

14  is an immediate meeting of the Labor Committee 

15  in Room 332.  That will be followed by a 

16  meeting of the Civil Service Committee in 

17  Room 332.  And the session will continue with 

18  the controversial calendar.

19               SENATOR LIBOUS:   Mr. President.

20               ACTING PRESIDENT GRIFFO:    

21  Senator Libous.

22               SENATOR LIBOUS:   We're going to 

23  do the controversial reading of the calendar, 

24  and I want to start with Calendar Number 884, 

25  by Senator Ranzenhofer.

                                                               4686

 1               ACTING PRESIDENT GRIFFO:   We 

 2  will begin the controversial reading.  We're 

 3  going to begin with Calendar Number 884, by 

 4  Senator Ranzenhofer.  

 5               The Secretary will read.

 6               And can I have some order in the 

 7  chamber, please {gaveling}.

 8               THE SECRETARY:   Calendar Number 

 9  884, by Senator Ranzenhofer, Senate Print 

10  3999A, an act to amend the Tax Law.

11               SENATOR KRUEGER:   Explanation.

12               ACTING PRESIDENT GRIFFO:    

13  Senator Krueger has requested an explanation, 

14  Senator Ranzenhofer.

15               SENATOR RANZENHOFER:   Thank you, 

16  Mr. President.  Through you.  

17               This is a bill to amend the Tax 

18  Law which would give a credit to employers if 

19  they hired somebody from the unemployment 

20  rolls.

21               SENATOR KRUEGER:   Mr. President, 

22  through you -- I'm sorry, was he done?  I'm so 

23  sorry, I didn't mean to cut him off.

24               ACTING PRESIDENT GRIFFO:   Is the 

25  explanation complete?  

                                                               4687

 1               SENATOR RANZENHOFER:   Yes.

 2               SENATOR KRUEGER:   Thank you.  

 3               Through you, Mr. President, if 

 4  the sponsor would yield.

 5               ACTING PRESIDENT GRIFFO:    

 6  Senator Ranzenhofer, do you yield?  

 7               SENATOR RANZENHOFER:   Yes, I 

 8  will, Mr. President.

 9               SENATOR KRUEGER:   Thank you.

10               ACTING PRESIDENT GRIFFO:   The 

11  sponsor yields.

12               SENATOR KRUEGER:   What does the 

13  fiscal note cost for this bill?  

14               SENATOR RANZENHOFER:   This will 

15  actually be a net gain.  Because if you put 

16  somebody back on the tax rolls, they will then 

17  be employed, earning income and paying taxes 

18  far in excess of the credit that will be 

19  received by the employer.

20               SENATOR KRUEGER:   Through you, 

21  Mr. President, if the sponsor would continue 

22  to yield.

23               SENATOR RANZENHOFER:   Yes, 

24  Mr. President.

25               ACTING PRESIDENT GRIFFO:    

                                                               4688

 1  Senator Ranzenhofer yields.

 2               SENATOR KRUEGER:   So you can 

 3  make an argument that hiring someone -- no, 

 4  I'm sorry.  I have to actually be on the bill 

 5  in order to get to the question.  But I'll be 

 6  getting to the question, Mr. President.

 7               So this is a tax credit for 

 8  hiring somebody who was on unemployment for 

 9  two months at least, and so then you would get 

10  the tax credit after having them employed for 

11  24 months.  So one could make the argument 

12  that somebody was coming to work and therefore 

13  they would pay taxes and that would be 

14  revenue.  

15               But if you were hiring someone 

16  who wasn't unemployed versus somebody who was 

17  unemployed, you would have that same net 

18  income to the state.  But if this became law, 

19  by hiring someone who had been unemployed, it 

20  would be an additional cost to the state above 

21  and beyond the net win of another employed 

22  person in New York State.  

23               So how many people does the 

24  sponsor believe would be eligible for this 

25  credit -- excuse me, how many people would 

                                                               4689

 1  employers bill the state for for $2400 based 

 2  on being in this situation?

 3               ACTING PRESIDENT GRIFFO:    

 4  Senator Ranzenhofer.

 5               SENATOR RANZENHOFER:   Through 

 6  you, Mr. President.  I understand your 

 7  position that you don't believe that the 

 8  argument can be made.  I believe that the 

 9  argument has been made.  

10               And quite frankly, I believe that 

11  this is a very good measure, because the more 

12  people that are taken off the unemployment 

13  rolls, the better for our state not only in 

14  terms of the economy in general, and for their 

15  families, but also for the fact that you will 

16  have more people being employed and therefore 

17  fewer people on unemployment, more people 

18  paying income taxes, more people buying goods 

19  and services and paying sales taxes and other 

20  taxes that they pay when they purchase goods 

21  and services.

22               SENATOR KRUEGER:   Through you, 

23  Mr. President, if the sponsor would continue 

24  to yield.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4690

 1  sponsor yields.

 2               SENATOR KRUEGER:   Thank you.  

 3               I'm not even sure whether we're 

 4  arguing.  I just want to know how many people 

 5  this tax credit will apply to so that I can 

 6  try to do my own calculations how much revenue 

 7  the state would have to pay out in these tax 

 8  credits.

 9               So again, my question to the 

10  sponsor is, how many people would this tax 

11  credit apply to, say in a year?  

12               SENATOR RANZENHOFER:   Through 

13  you, Mr. President.  In the bill's language 

14  there is no prohibition or limit on the number 

15  of people that it would be applied to.

16               SENATOR KRUEGER:   I couldn't 

17  hear the sponsor.  Would he repeat the 

18  answer?  

19               ACTING PRESIDENT GRIFFO:    

20  Senator Ranzenhofer, could you please repeat 

21  the answer?

22               SENATOR RANZENHOFER:   I did 

23  complete the answer.

24               ACTING PRESIDENT GRIFFO:   Can 

25  you repeat the answer?  She could not hear.

                                                               4691

 1               SENATOR RANZENHOFER:   Oh, repeat 

 2  the answer.  Obviously I didn't hear you 

 3  either, Mr. President.

 4               There is no limit in the language 

 5  of the bill which would limit or restrict the 

 6  number of people that you could hire from the 

 7  unemployment rolls.

 8               SENATOR KRUEGER:   Through you, 

 9  Mr. President, if the sponsor would continue 

10  to yield.

11               SENATOR RANZENHOFER:   Of course.

12               ACTING PRESIDENT GRIFFO:   The 

13  sponsor yields.

14               SENATOR KRUEGER:   Thank you.

15               So we don't have a sense of -- 

16  there's no cap in this program, so we don't 

17  have a sense of how large the category of 

18  eligibility would be.

19               If, as the sponsor explained, the 

20  intention is to hire unemployed people by 

21  incentivizing a business to choose an 

22  unemployed person over an employed person when 

23  they're hiring, why is the bill retroactive?  

24  Because those people were already hired up 

25  until now.

                                                               4692

 1               SENATOR RANZENHOFER:    

 2  Mr. President, I didn't hear the question.

 3               ACTING PRESIDENT GRIFFO:    

 4  Senator Krueger, would you please repeat the 

 5  question?

 6               SENATOR KRUEGER:   Certainly.  I 

 7  think our mics are a little low today.

 8               ACTING PRESIDENT GRIFFO:   I'm 

 9  going to again ask for a little order in the 

10  chamber.  Please, may we have order in the 

11  chamber.  

12               And perhaps the members could 

13  continue to discuss succinctly, Senator 

14  Krueger.

15               SENATOR KRUEGER:   Thank you.

16               So to repeat, I believe, my 

17  question, since this is a bill to incentivize 

18  employers to choose to hire someone who is 

19  unemployed for at least two months, over 

20  someone who's currently employed, to jobs -- 

21  that's the specific purpose of the bill -- why 

22  is this bill retroactive?  

23               Because this bill would apply to 

24  people who have already been hired.  Hence, I 

25  don't think we need the incentive for that 

                                                               4693

 1  group of people; they were already hired 

 2  before this became a law.

 3               SENATOR RANZENHOFER:   I agree 

 4  with Senator Krueger.  And in fact it's not 

 5  retroactive.  So your point is well-taken.  

 6  It's not retroactive.

 7               SENATOR KRUEGER:   Through you, 

 8  Mr. President, if the sponsor would continue 

 9  to yield.

10               ACTING PRESIDENT GRIFFO:   The 

11  sponsor yields.

12               SENATOR KRUEGER:   On page 2, 

13  line 16 of the bill:  "The base year shall be 

14  calendar year 2011."  So I'm reading the bill 

15  to be retroactive for 2011 and the period of 

16  2012 that's already taken place.  How am I 

17  incorrectly understanding it not being 

18  retroactive?  

19               SENATOR RANZENHOFER:   The 

20  reference that you're referring to, you have a 

21  base year of 2011.  It starts in 2012.  I 

22  think you're misreading the language.  It's 

23  not retroactive to 2011.

24               ACTING PRESIDENT GRIFFO:    

25  Senator Krueger.

                                                               4694

 1               SENATOR KRUEGER:   Thank you.  I 

 2  was rereading the bill.

 3               So let me ask more directly.  So 

 4  it's the sponsor's understanding that this 

 5  bill, if it became law, an employer could only 

 6  apply for a credit for an employee they had 

 7  hired who had been unemployed at least two 

 8  months but they had hired after the effective 

 9  date of this bill becoming law?

10               SENATOR RANZENHOFER:   Through 

11  you, Mr. President, yes.

12               ACTING PRESIDENT GRIFFO:    

13  Senator Krueger.

14               SENATOR KRUEGER:   Thank you, 

15  Mr. President.

16               So again, to reiterate, it would 

17  only apply to people who were hired after the 

18  effective date of this becoming law.  I'm 

19  repeating it just for the record because I 

20  think there may be some confusion over --

21               ACTING PRESIDENT GRIFFO:   Is 

22  there a question, Senator Krueger?

23               SENATOR KRUEGER:   I'm getting to 

24  the question.  

25               -- over interpretation over how 

                                                               4695

 1  the bill was written.  Is there any wage 

 2  standard of how much an employee has to be 

 3  hired for for this credit to apply?  

 4               SENATOR RANZENHOFER:   Through 

 5  you, Mr. President.  No, Senator Krueger.

 6               SENATOR KRUEGER:   Through you, 

 7  Mr. President, if the sponsor would continue 

 8  to yield.

 9               ACTING PRESIDENT GRIFFO:   The 

10  sponsor yields.

11               SENATOR KRUEGER:   Thank you.  

12               In the bill, Mr. President, 

13  there's language that the employee has 

14  successfully completed a training program 

15  pursuant to Section 599 of the Labor Law.  

16  Could the sponsor explain to me a little bit 

17  what requirement will be applied in this -- 

18  how this works exactly?

19               SENATOR RANZENHOFER:   Well, they 

20  have to complete the program and they also 

21  have to be a full-time employee.  But there is 

22  nothing -- again, back to your point, there is 

23  nothing which specifies what the wage is, 

24  whether hourly, salary.  There's no limitation 

25  with respect to that.

                                                               4696

 1               SENATOR KRUEGER:   Through you, 

 2  Mr. President, if the sponsor could explain to 

 3  me what training programs specifically we're 

 4  talking about.  Is it a state training 

 5  program, an employer training program?

 6               ACTING PRESIDENT GRIFFO:   

 7  Senator Ranzenhofer.

 8               SENATOR RANZENHOFER:   It's the 

 9  programs that are in existence now through our 

10  state laws, through unemployment, when people 

11  go through retraining programs through our 

12  current unemployment offices.

13               SENATOR KRUEGER:   Through you, 

14  Mr. President --

15               SENATOR RANZENHOFER:   Through 

16  you, Mr. President, of course.

17               SENATOR KRUEGER:   Through you, 

18  Mr. President, if the sponsor would continue 

19  to yield.

20               SENATOR RANZENHOFER:   I continue 

21  to yield, Mr. President.

22               ACTING PRESIDENT GRIFFO:   The 

23  sponsor yields.

24               SENATOR KRUEGER:   Thank you.

25               We've passed in the last couple 

                                                               4697

 1  of weeks on this floor -- and I don't know 

 2  that we'll know which of them actually become 

 3  laws.  We've passed quite a few tax credits 

 4  for hiring people in various categories:  

 5  Disabled veterans, into manufacturing, into 

 6  specific kinds of employment.

 7               Will this credit be allowed to be 

 8  taken if it's a double dip on tax credits, so 

 9  that you're taking a tax credit for filling a 

10  job for more than X number of hours a week or 

11  you're filling a job with somebody who comes 

12  from a low-income, high-unemployment area, 

13  and/or you're filling with a job with somebody 

14  who meets eligibility as a veteran for tax 

15  deductions?  

16               Will this be allowed to be an 

17  additional tax credit to the firm for the same 

18  person, so that you might be taking one, two, 

19  or three different tax credits all on the same 

20  employee?

21               SENATOR RANZENHOFER:   Through 

22  you, Mr. President, that's a very, very 

23  general question.  And if the Senator has a 

24  specific bill number that they're referring 

25  to, I would be better able to answer the 

                                                               4698

 1  question.  

 2               If you have a bill that was 

 3  passed earlier in the session that you'd like 

 4  me to respond to, I can respond to it now.  

 5  But if I couldn't, then I can certainly get 

 6  back to you.  But if you can give me a 

 7  specific bill number that you're referring to 

 8  with respect to another tax credit.

 9               And I'm not sure, also, if the 

10  sponsor means a bill that has passed the 

11  Senate but has not been passed by the Assembly 

12  and therefore not signed into law, or if she 

13  is talking about a credit which already exists 

14  in state law.  So if the Senator could be a 

15  little bit more specific, it would be helpful 

16  to try to address that concern.

17               SENATOR KRUEGER:   Fair enough, 

18  Mr. President.  Because I agree with the 

19  sponsor, we've passed many bills here that may 

20  or may not become law.  And I'm sure we're 

21  both very busy and not tracking every bill 

22  through the Assembly.

23               Let's use the examples that exist 

24  in law already:  The Excelsior tax credit, the 

25  QETC credit.  Will an employer be able to take 

                                                               4699

 1  those existing credits and also this credit at 

 2  the same time for the same employee?

 3               SENATOR RANZENHOFER:   In the 

 4  specific language in this bill, there's no 

 5  specific limitation with respect to your last 

 6  question.

 7               SENATOR KRUEGER:   Through you, 

 8  Mr. President, if the sponsor would continue 

 9  to yield.

10               ACTING PRESIDENT GRIFFO:   The 

11  sponsor yields.

12               SENATOR KRUEGER:   Thank you.

13               What's the minimum number of 

14  hours an employee would need to work per week 

15  for them to be defined as eligible for the 

16  business to take the credit?  I see that they 

17  need to work for two years.

18               SENATOR RANZENHOFER:   In the 

19  language of the bill -- you can take a look at 

20  it -- it says the employee has to work at 

21  least 30 hours a week for the 24-month 

22  period.  That's right in the language of the 

23  bill.

24               SENATOR KRUEGER:   Through you, 

25  Mr. President, on the bill.

                                                               4700

 1               ACTING PRESIDENT GRIFFO:    

 2  Senator Krueger on the bill.

 3               SENATOR KRUEGER:   Thank you.

 4               I appreciate the sponsor's 

 5  answers to the questions.  I even agree with 

 6  the sponsor that it is important to encourage 

 7  the hiring of people who are unemployed.  

 8               And in fact, the data shows that 

 9  the longer people have been unemployed, the 

10  more difficult it is to get into the labor 

11  market.  So I'm actually torn on supporting or 

12  not supporting the bill, because I actually 

13  like very much the idea of having a tax credit 

14  that will incentivize businesses to hire the 

15  unemployed.  I think that's actually a very 

16  good public policy goal.

17               But I'm torn because I think that 

18  the bill -- one, I know the bill is lacking a 

19  fiscal note.  So if at any given point in time 

20  recently there are 800,000 unemployed 

21  New Yorkers receiving -- there are 811,000 

22  currently, but our unemployment rate 

23  unfortunately has been staying too high for 

24  too long.

25               So if there are 811,000 or 

                                                               4701

 1  800,000 people receiving unemployment 

 2  benefits, the ability to calculate what the 

 3  cost to the State of New York would be -- if 

 4  it was an open-ended 24-month, $2400 credit 

 5  for any unemployed worker who's hired, it in 

 6  fact can be a very large sum of money in any 

 7  given year.

 8               I'm also concerned that I don't 

 9  think we should be having so many different 

10  tax credits that can literally be layered upon 

11  each other -- some people would say double- or 

12  triple-dipped -- because it will cost the 

13  state more money than justifiable while 

14  actually not encouraging the targeting to 

15  hiring of people that each of these individual 

16  credits support.  

17               So, for example, I personally 

18  would be very uncomfortable to realize that a 

19  particular company could take two or three or 

20  four different tax credits for the same hire; 

21  that amount might be even higher than what the 

22  worker is getting paid, because there would be 

23  nothing in law stopping that from being the 

24  case.  I don't think that was the intention of 

25  the sponsor of the bill.  

                                                               4702

 1               And I agree with him there are so 

 2  many of these bills moving through this house 

 3  that we don't even know, as of the day before 

 4  the last day of session, which if any of these 

 5  bills would become actual law and what their 

 6  totality or individually their cost to the 

 7  state budget would be.

 8               So I respectfully have to vote no 

 9  on the bill, even though I will tell the 

10  sponsor that I actually think that a bill -- 

11  perhaps not this bill, perhaps a negotiated 

12  bill moving through both houses at some time 

13  and signed by the Governor -- that clarifies 

14  exactly the standards by which people earn 

15  money, the standards of a cap on the number of 

16  credits per year that can be taken, a 

17  limitation to ensure that no individual 

18  company can take two, three or more credits 

19  for the same new employee, would in fact make 

20  this a bill I would happily support.

21               So while I have to find myself 

22  voting no, I actually encourage the sponsor to 

23  fine-tune the bill -- because I'm assuming it 

24  will pass this house -- and see whether the 

25  concerns I have raised today could in fact be 

                                                               4703

 1  included in an ultimate law in the State of 

 2  New York.

 3               Thank you, Mr. President.

 4               ACTING PRESIDENT GRIFFO:    

 5  Senator Ranzenhofer.

 6               SENATOR RANZENHOFER:   Yes, 

 7  Mr. President, just very briefly.  

 8               The reason why we're introducing 

 9  this bill is because this is just so important 

10  to try to help our unemployment situation in 

11  the State of New York, and we really want to 

12  incentivize a company to be able to take 

13  people off of the unemployment rolls.

14               We don't know which bills the 

15  Assembly are going to pick and choose from.  

16  We've certainly sent them many bills that they 

17  can choose.  But this particular one is just 

18  so important because it addresses a very 

19  specific need of dealing with the people that 

20  are unemployed throughout our districts, 

21  whether you are unemployed in Manhattan, 

22  whether you are unemployed in the Albany area, 

23  the Western New York area, Central New York.  

24               It's just so important that 

25  that's the reason why we're putting forth this 

                                                               4704

 1  bill today, and I would ask all my colleagues 

 2  to support it.

 3               Thank you, Mr. President.  

 4               ACTING PRESIDENT GRIFFO:   Thank 

 5  you, Senator Ranzenhofer.

 6               Seeing and hearing no other 

 7  Senator wishing to be heard, the debate is 

 8  closed.  The Secretary will ring the bell.

 9               Senator Breslin.

10               SENATOR BRESLIN:   Yes, 

11  Mr. President.  I believe that because there's 

12  committee meetings going on, we're withholding 

13  the vote until the committee meetings are 

14  over.

15               SENATOR LIBOUS:   That's correct, 

16  Mr. President.  The members should be coming 

17  back shortly.

18               ACTING PRESIDENT GRIFFO:   The 

19  bell is being rung.  

20               SENATOR LIBOUS:   Mr. President, 

21  if you could go ahead and ring the bell and do 

22  what we need to do, because members are coming 

23  back from both committee meetings and then we 

24  can take it to a vote.

25               ACTING PRESIDENT GRIFFO:   Thank 

                                                               4705

 1  you, Senator Libous.

 2               (Pause.)

 3               ACTING PRESIDENT GRIFFO:   Read 

 4  the last section.

 5               THE SECRETARY:   Section 4.  This 

 6  act shall take effect immediately.

 7               ACTING PRESIDENT GRIFFO:   Call 

 8  the roll.

 9               (The Secretary called the roll.)

10               ACTING PRESIDENT GRIFFO:   May I 

11  have some order in the chamber, please.  

12               Senator Stewart-Cousins to 

13  explain her vote.  

14               SENATOR STEWART-COUSINS:   Yes, 

15  thank you, Mr. President.

16               I want to congratulate Senator 

17  Ranzenhofer for bringing this to our attention 

18  yet again.  

19               I introduced a bill in January 

20  which talked about the unemployment situation 

21  in New York State.  I think that Senator 

22  Krueger suggested at this point there's almost 

23  a million people unemployed.  It is a 

24  situation that has become very difficult, 

25  especially for people who have been unemployed 

                                                               4706

 1  for any length of time.  

 2               There was an ad on Craigslist --

 3               ACTING PRESIDENT GRIFFO:    

 4  Senator Stewart-Cousins, excuse me.  

 5  {Gaveling.}

 6               SENATOR STEWART-COUSINS:   Thank 

 7  you so much.  

 8               One of the things we talked about 

 9  was the ad in Craigslist that asked for a sous 

10  chef and said that you had to be employed to 

11  be a sous chef.  And that's why we know that 

12  it is very difficult to get a job when you're 

13  unemployed.  In fact, indeed, there are ads 

14  that say do not bother to apply if you're 

15  unemployed.  

16               So as Senator Krueger suggested, 

17  not only is there no fiscal note, but we 

18  really have to look at this holistically.  I 

19  mean, it's wonderful to give people money to 

20  do the right thing, but the reality is the 

21  right thing is to not discriminate against 

22  people who are unemployed.  

23               Senator Ranzenhofer, your bill 

24  starts with incentivizing people who have been 

25  unemployed for two months.  The reality is is 

                                                               4707

 1  that the longer you're unemployed, the harder 

 2  it is for you to get a job, it seems.          

 3               So I understand that I am running 

 4  out of time.  I will support this because it 

 5  deals with an issue that is important.  But 

 6  the reality is that we should not, frankly, 

 7  have to spend money or tax credits for people 

 8  to hire their fellow New Yorkers who, by no 

 9  fault of their own, have been rendered 

10  unemployed.  

11               ACTING PRESIDENT GRIFFO:    

12  Senator Stewart-Cousins to be recorded in the 

13  affirmative.

14               Announce the results.

15               THE SECRETARY:   In relation to 

16  Calendar Number 884, those recorded in the 

17  negative are Senator Krueger.

18               Absent from voting are Senators 

19  Montgomery, O'Mara and Parker.

20               Ayes, 56.  Nays, 1.

21               ACTING PRESIDENT GRIFFO:   The 

22  bill is passed.

23               Senator Libous.

24               SENATOR LIBOUS:   Mr. President, 

25  there will be an immediate meeting of the 

                                                               4708

 1  Crime and Corrections Committee in Room 332.

 2               ACTING PRESIDENT GRIFFO:   There 

 3  will be an immediate meeting of the Crime and 

 4  Corrections Committee in Room 332.

 5               Senator Libous, shall we return 

 6  to Calendar Number 356, which was laid aside?

 7               SENATOR LIBOUS:   Mr. President, 

 8  if you can hang on a second.

 9               Mr. President.

10               ACTING PRESIDENT GRIFFO:   I'm 

11  going to ask members to please take your 

12  conversations into the outer chamber.  Staff 

13  also.

14               Senator Libous.  

15               SENATOR LIBOUS:   Okay, 

16  Mr. President, we will now take up Calendar 

17  Number 1298.

18               ACTING PRESIDENT GRIFFO:  The 

19  Secretary will read Calendar 1298.  

20               THE SECRETARY:   Calendar Number 

21  1298, by Senator Libous, Senate Print 7686, an 

22  act to amend the Alcoholic Beverage Control 

23  Law.

24               ACTING PRESIDENT GRIFFO:    

25  Senator Krueger.

                                                               4709

 1               SENATOR KRUEGER:   Explanation, 

 2  please.

 3               ACTING PRESIDENT GRIFFO:   An 

 4  explanation has been requested.

 5               Again, I'm going to urge and 

 6  request that all members please take their 

 7  conversation outside the chamber.  Unless you 

 8  are debating the bill.

 9               Senator Libous, an explanation.

10               SENATOR LIBOUS:   Thank you, 

11  Mr. President.

12               Mr. President, this is a 

13  statewide amendment to the Alcohol and 

14  Beverage Law in relation to licenses and 

15  selling liquor and retail consumption for 

16  churches.

17               SENATOR KRUEGER:   Through you, 

18  Mr. President, if the sponsor could please 

19  yield for some questions.

20               SENATOR LIBOUS:   Sure.

21               ACTING PRESIDENT GRIFFO:   The 

22  sponsor yields.

23               SENATOR KRUEGER:   Thank you.

24               So if the sponsor could clarify 

25  for me under what circumstances this bill 

                                                               4710

 1  would apply.

 2               SENATOR LIBOUS:   This would 

 3  apply for an exemption within the 200-foot 

 4  rule that takes place for churches.  And this 

 5  would allow those churches who have catering 

 6  businesses to function if they're within the 

 7  distance of another place of worship.

 8               SENATOR KRUEGER:   Through you, 

 9  Mr. President, if the sponsor would continue 

10  to yield.

11               SENATOR LIBOUS:   I will, 

12  Mr. President.

13               ACTING PRESIDENT GRIFFO:   The 

14  sponsor yields.

15               SENATOR KRUEGER:   Can the 

16  sponsor clarify what it means to be -- what a 

17  church having the business involving a liquor 

18  license actually means as defined in this 

19  bill?  

20               SENATOR LIBOUS:   Mr. President, 

21  through you, I think that clarification is 

22  something that the State Liquor Authority will 

23  do.  I don't feel that I would be one to 

24  clarify, because I know that every situation 

25  is different.

                                                               4711

 1               SENATOR KRUEGER:   Through you 

 2  Mr. President if the sponsor would continue to 

 3  yield.

 4               SENATOR LIBOUS:   I would yield.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  sponsor yields.

 7               SENATOR KRUEGER:   Thank you.

 8               Could the sponsor give me 

 9  examples of where this law might apply?

10               SENATOR LIBOUS:   Mr. President, 

11  I would just say that this is a statewide 

12  fix.  And I think this is something that would 

13  serve as a business development tool for those 

14  churches that have catering businesses.

15               So to be specific and give 

16  examples, I don't really think that's 

17  necessary.  We don't often give examples on 

18  every bill we pass here that has an effect on 

19  statewide businesses.  In this case, it would 

20  help through the State Liquor Authority.  So I 

21  really don't have any specific examples at 

22  this point.

23               SENATOR KRUEGER:   Through you, 

24  Mr. President, if the sponsor will continue to 

25  yield.

                                                               4712

 1               ACTING PRESIDENT GRIFFO:   The 

 2  sponsor yields.

 3               SENATOR LIBOUS:   I will.

 4               SENATOR KRUEGER:   Thank you.

 5               So just to clarify, the sponsor's 

 6  bill would apply to churches that have a 

 7  permanent catering facility?  Is that my 

 8  understanding, that he's talking about 

 9  churches that have permanent catering 

10  facilities but are also within 200 feet of 

11  another church?

12               SENATOR LIBOUS:   Mr. President, 

13  through you.  It could.

14               SENATOR KRUEGER:   Through you, 

15  Mr. President, if the sponsor would continue 

16  to yield.

17               SENATOR LIBOUS:   Yes, I will.

18               SENATOR KRUEGER:   Thank you.

19               And could it apply for a business 

20  operating a catering facility within a church 

21  but the catering company is not the catering 

22  facility of the church?

23               SENATOR LIBOUS:   Mr. President, 

24  not to have a specific answer to where she's 

25  going with this, but it just adds to the 

                                                               4713

 1  existing exemptions.  

 2               And again, Mr. President, not to 

 3  be redundant, but I would say that specific 

 4  instances are going to be determined by the 

 5  State Liquor Authority.  So this just adds to 

 6  the law.  And if Senator Krueger is trying to 

 7  point out a specific example, I would think 

 8  that the State Liquor Authority would deal 

 9  with that specific example.

10               SENATOR KRUEGER:   Through you, 

11  Mr. President, if the sponsor would yield.

12               ACTING PRESIDENT GRIFFO:   The 

13  sponsor yields.

14               SENATOR LIBOUS:   Sure, 

15  Mr. President.

16               SENATOR KRUEGER:   So the sponsor 

17  believes that if this bill became law, the 

18  option would be there at the State Liquor 

19  Authority, as opposed to this law taking away 

20  the power of the Liquor Authority to apply the 

21  200-foot rule?

22               SENATOR LIBOUS:   No, 

23  Mr. President, it adds to the list of 

24  activities.  Therefore, as the State Liquor 

25  Authority makes a determination on any license 

                                                               4714

 1  for any business, they would defer to the 

 2  law.  And if it fits within that list of 

 3  activities that we're adding to, then I would 

 4  assume they would grant the license.

 5               SENATOR KRUEGER:   Through you, 

 6  Mr. President, if the sponsor would continue 

 7  to yield.

 8               SENATOR LIBOUS:   Churches or 

 9  synagogues.  Through you, Mr. President, I'm 

10  sorry.

11               ACTING PRESIDENT GRIFFO:   The 

12  sponsor yields.

13               SENATOR KRUEGER:   Thank you.  

14               Well, I know of one example.  

15  It's in my district --

16               ACTING PRESIDENT GRIFFO:    

17  Senator Krueger, do you have a question or are 

18  you on the bill?  

19               SENATOR KRUEGER:   I do have a 

20  question.  Yes, I'm -- it's --

21               ACTING PRESIDENT GRIFFO:   Please 

22  pose the question.

23               SENATOR KRUEGER:   I know of one 

24  example.  It's in my district.  I'm wondering 

25  whether it's the 583 Park Avenue Rose Group at 

                                                               4715

 1  the church.  I'm wondering if the sponsor has 

 2  any other examples in any other districts, 

 3  including his own home district.

 4               SENATOR LIBOUS:   Mr. President, 

 5  all I can tell Senator Krueger at this time is 

 6  that if she does have a situation in her 

 7  district, then it would fall under this law.

 8               SENATOR KRUEGER:   Through you, 

 9  Mr. President, if the sponsor would continue 

10  to yield.

11               SENATOR LIBOUS:   I will.

12               ACTING PRESIDENT GRIFFO:   The 

13  sponsor yields.

14               SENATOR KRUEGER:   Why is the 

15  sponsor not supporting a complete repeal of 

16  the 200-foot rule?  That's what the law 

17  commission review recommended when it reviewed 

18  the ABC Law.  Why is he making a very unique 

19  and subspecific law that, as far as I can 

20  tell, only applies to one example in my own 

21  district and doesn't apply anywhere else in 

22  the rest of the state?

23               SENATOR LIBOUS:   Mr. President, 

24  this is just limited to church venues.  And a 

25  church still has to stay a church, and that's 

                                                               4716

 1  what this amendment does.

 2               SENATOR KRUEGER:   Through you, 

 3  Mr. President, if the sponsor would continue 

 4  to yield.

 5               SENATOR LIBOUS:   Yes, 

 6  Mr. President.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  sponsor yields.

 9               SENATOR KRUEGER:   On page 2, 

10  line 35 of the bill, the word "corporate" is 

11  used.  What's the definition of "corporate"?  

12  Are we talking publicly traded companies?  

13  What's the intended definition of a 

14  corporation for purposes of this law?  

15               SENATOR LIBOUS:   We're just 

16  trying to clarify that it might not be 

17  private.  

18               I mean, Senator Krueger, I'm sure 

19  that the lawyers would, when we pass any 

20  legislation, and something is in dispute or 

21  disagreed upon, lawyers get together and then 

22  they debate these things.  But our intent here 

23  is exactly what I said it is.

24               SENATOR KRUEGER:   Through you, 

25  Mr. President, if the sponsor would continue 

                                                               4717

 1  to yield.

 2               SENATOR LIBOUS:   I will.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  sponsor yields.

 5               SENATOR KRUEGER:   Thank you.

 6               Under the current law, if a 

 7  church within 200 feet of a facility applying 

 8  for an SLA liquor license does not actually 

 9  say "I approve, that's fine," it has been the 

10  tradition of this house not to consider a 

11  carve-out bill.  

12               If this were to become law, is it 

13  correct that even if the neighboring church 

14  and/or school disapproves strongly that there 

15  would be no choice but to ignore their 

16  wishes?  

17               SENATOR LIBOUS:   Mr. President, 

18  I don't believe that to be the case.

19               SENATOR KRUEGER:   Through you, 

20  Mr. President, if the sponsor would continue 

21  to yield.

22               ACTING PRESIDENT GRIFFO:   The 

23  sponsor yields.

24               SENATOR LIBOUS:   I will.

25               SENATOR KRUEGER:   Thank you.

                                                               4718

 1               I don't agree with the sponsor's 

 2  last answer.  

 3               And I would suggest that if the 

 4  sponsor were to write into the bill clarifying 

 5  that the neighboring church and/or school had 

 6  to give their permission, I might not have an 

 7  objection to this bill.  

 8               But I'm quite sure and I have 

 9  been notified by at least the Presbyterian 

10  Church and the Presbytery of New York City 

11  that this bill would prevent them from 

12  continuing to object to being located directly 

13  next-door to the one facility that, as far as 

14  I can tell, is the only facility currently in 

15  the State of New York that this law would 

16  apply to.

17               So again -- I'm sorry, I've lost 

18  track of the question.  Would the sponsor 

19  agree that it should be the situation where 

20  the neighboring church or school within 

21  200 feet should have the right to say "No, 

22  this is not acceptable"?

23               SENATOR LIBOUS:   I would think, 

24  Mr. President, that certainly the SLA could 

25  take that into consideration in their review.

                                                               4719

 1               SENATOR KRUEGER:   Through you, 

 2  Mr. President.  For the record, they cannot 

 3  take that into consideration within their 

 4  review if this law were to become the law of 

 5  New York State.  That is why I'm so concerned, 

 6  one of the reasons I'm so concerned about this 

 7  law --

 8               SENATOR LIBOUS:   Mr. President.

 9               ACTING PRESIDENT GRIFFO:   

10  Senator Libous.

11               SENATOR LIBOUS:   Just in all due 

12  respect to Senator Krueger, I would still 

13  think there would have to be an application 

14  for a license.  So I think the SLA would 

15  absolutely indeed be involved in a review.  

16               SENATOR KRUEGER:   Through you, 

17  Mr. President, if the sponsor would continue 

18  to yield.

19               SENATOR LIBOUS:   Yes.

20               ACTING PRESIDENT GRIFFO:   The 

21  sponsor yields.

22               SENATOR KRUEGER:   What if the 

23  locality also objects?  Is there not some kind 

24  type of home-rule requirement or local 

25  approval requirement included in this law that 

                                                               4720

 1  the sponsor hopes to pass?

 2               SENATOR LIBOUS:   Mr. President, 

 3  through you, no.

 4               ACTING PRESIDENT GRIFFO:    

 5  Senator Krueger.

 6               SENATOR KRUEGER:   I'm sorry, I'm 

 7  thinking, Mr. President.

 8               Through you, Mr. President, may 

 9  the sponsor please continue to yield.

10               SENATOR LIBOUS:   Sure.

11               ACTING PRESIDENT GRIFFO:   The 

12  sponsor yields.

13               SENATOR KRUEGER:   Thank you.

14               Is the sponsor aware that in the 

15  case of the Rose Group Catering Company at 

16  583 Park Avenue that they actually went to 

17  court to try to overturn the SLA denial of 

18  their license and lost their case at the 

19  Supreme Court level, at the appellate level, 

20  and the Court of Appeals refused to take the 

21  appeal?  Is the sponsor aware of this fact?

22               SENATOR LIBOUS:   Mr. President, 

23  whether the sponsor is aware or unaware of 

24  specific things that are happening throughout 

25  the state -- I'm sure that my colleagues here 

                                                               4721

 1  who have all passed legislation, there's no 

 2  way that we all could be aware of everything 

 3  that happens that has some effect on the 

 4  legislation that we pass.

 5               So those specific cases -- 

 6  certainly as Senator Krueger mentioned, those 

 7  folks, they went through the court process.  

 8  And you can do that in New York State if you 

 9  have some objection to the law.

10               So whether I'm aware or unaware 

11  has nothing to do with the bill before us.  

12  And that would be my answer to Senator 

13  Krueger.

14               SENATOR KRUEGER:   Through you, 

15  Mr. President, on the bill.

16               ACTING PRESIDENT GRIFFO:    

17  Senator Krueger on the bill.

18               SENATOR KRUEGER:   This bill, 

19  even though it claims to be a statewide bill, 

20  is actually a bill that has been submitted on 

21  behalf of a particular company who's hired 

22  four groups of lobbyists to work their way 

23  through this building.  

24               This is an organization who 

25  tried, lost in court.  This is an organization 

                                                               4722

 1  who the neighboring church has said no, they 

 2  are not a good neighbor, we do not wish them 

 3  to continue.  Which the history of this house 

 4  is you respect that.

 5               This is an organization who went 

 6  to the community board quite a long time ago, 

 7  has not gone back with alternative proposals, 

 8  which they've been asked to do, and with the 

 9  community board having rejected their request 

10  to continue and in fact taken a very strong 

11  position against an SLA liquor license for 

12  this facility.

13               For those of us not from New York 

14  City, community boards operate not unlike your 

15  local town board as far as making local 

16  decisions and recommendations for policy at 

17  the local level.  

18               Other bills that have passed this 

19  house involving changing the 200-foot rule for 

20  individual institutions have in fact received 

21  the support of the local government and the 

22  neighboring religious institutions and/or 

23  schools.

24               I know of no other case that has 

25  gone before this house, at least during the 

                                                               4723

 1  time I have been here, where this house has 

 2  overridden the local position or the position 

 3  of the neighboring church.  

 4               This was a case where not the 

 5  church having a catering business -- there is 

 6  no problem with a church having a catering 

 7  operation and having parties and having 

 8  perhaps celebratory events related to 

 9  religious activities.  I don't even know any 

10  religious institutions that don't host 

11  weddings or bat mitzvahs or baptisms or 

12  endless other examples of sponsored-by- 

13  members congregational activities that are 

14  parties.

15               That is not the issue here.  The 

16  issues here is that a catering company went 

17  into a lease deal to take over the facilities 

18  of the church to turn it into a catering hall, 

19  with the capacity to do events of up to 1200 

20  and 1300 people.

21               It is not considered a good 

22  neighbor to the neighboring church.  It even, 

23  in the course of the court case, subpoenaed 

24  the neighboring Presbyterian church asking 

25  them to prove that their catering activities 

                                                               4724

 1  were not the equivalent of a private company 

 2  running catering activities.

 3               The State of New York was 

 4  represented by the Attorney General and the 

 5  SLA in the case that was won, that the liquor 

 6  license should not be continued or approved 

 7  for this business, the Rose Group, in this 

 8  location.  

 9               To quote from the decision:  

10  "Having determined the applicant's location is 

11  on the same street and within 200 feet of a 

12  place of worship, the question turns on 

13  whether, in light of the exception created by 

14  the 1970 amendment to the ABC Law, the 

15  location can still be licensed as the 

16  permanent catering facilities of a church.  

17  The legislative history of this amendment 

18  provides little guidance as to what is meant 

19  by the phrase 'permanent catering facility of 

20  a church.'  

21               "In 1970, before the bill became 

22  law, the then-Attorney General, Louis 

23  Lefkowitz, submitted his opinion to the 

24  Governor.  He determined that the purpose of 

25  the amendment was to allow a place of worship 

                                                               4725

 1  to maintain a catering hall without proximity 

 2  of that hall to the church being a violation 

 3  of the 200-foot law.

 4               "The members of the Authority 

 5  agree with this opinion.  In order to be 

 6  exempt from the 200-foot law, the Rose Group 

 7  business must be a church's permanent catering 

 8  facility.  

 9               "For the reasons herein 

10  expressed, the Authority finds that the 

11  applicant's operation is neither the church's 

12  catering facility, nor is it permanent.  The 

13  purpose of the 1970 amendment was to allow 

14  facilities created and operated by a place of 

15  worship."  

16               Again, I would have no objection 

17  and the current law would have no objection if 

18  the church itself chose to be operating a 

19  permanent catering facility within their 

20  property.  This is not the situation, and this 

21  has been clarified in court.

22               "Consistent with the underlying 

23  purposes of the 200-foot law, the amendment 

24  could not have been intended to allow an 

25  independent entity such as the Rose Group to 

                                                               4726

 1  operate a commercial catering facility in 

 2  violation of the 200-foot law merely because 

 3  it has a business relationship with a place of 

 4  worship.  

 5               "As argued by the opposition to 

 6  this application, to be considered permanent 

 7  catering facilities of a church there must be 

 8  some nexus between the functions that are 

 9  being catered and the place of worship" -- 

10  i.e., the catering activities involved the 

11  place of worship or people in that religious 

12  institution.  Not the case in this situation.

13               "The applicant's original 

14  representations to the authority allege such a 

15  nexus by describing events that those in the 

16  neighboring community would typically hold at 

17  a church hall.  However, without dispute, the 

18  applicant's business has developed into a 

19  multi-million-dollar commercial enterprise 

20  that caters functions which have little if any 

21  connection to the building's identity as a 

22  police of worship.  

23               "The Rose Group is not using the 

24  permanent catering facility of a church or a 

25  place of worship.  Rather, the Rose Group has 

                                                               4727

 1  transformed the premises from a church into an 

 2  extravagant commercial catering business in a 

 3  building it leases from a church."

 4               The decision is many pages long.  

 5               My concern, again, is that the 

 6  local community has said no, the community 

 7  board has said no, the neighboring church 

 8  has said no.  The building leasing itself out 

 9  to a catering hall has a minimal number of 

10  members remaining -- under 40, I believe -- 

11  and even some of them have told me this was 

12  not the intent of their understanding of what 

13  was being walked into.

14               The sponsor of the bill knows 

15  that I, as the local elected official, 

16  strongly oppose this bill.  The Assemblymember 

17  strongly opposes the bill.  And in fact, I 

18  don't believe it is a statewide bill, it is a 

19  bill for one company who has been very 

20  effectively using their lobbying skills in 

21  this building.

22               I would like to ask the sponsor 

23  some continuing questions, if I might.  

24  Through you, Mr. President.

25               ACTING PRESIDENT GRIFFO:   One 

                                                               4728

 1  second, Senator Krueger.

 2               SENATOR KRUEGER:   Certainly.

 3               ACTING PRESIDENT GRIFFO:    

 4  Senator Libous, do you yield?  

 5               SENATOR LIBOUS:   For a few 

 6  questions.

 7               SENATOR KRUEGER:   Thank you.

 8               If there were an equivalent 

 9  situation as I've just read it in the 

10  sponsor's own district, and the neighboring 

11  church there opposed it, would the sponsor 

12  still think it was okay for this license to be 

13  approved?  

14               If you took the exact same 

15  situation from this case and this court case 

16  and the facts as I have presented them, would 

17  the sponsor have no problem supporting the SLA 

18  license or forcing the SLA's hand if it was in 

19  his own community, with his own church and 

20  local government opposing?

21               ACTING PRESIDENT GRIFFO:    

22  Senator Libous.

23               SENATOR LIBOUS:   Yeah, 

24  Mr. President, lookit.  This is a statewide 

25  bill, and I'm not going to sit here and 

                                                               4729

 1  speculate as to what might be a case in my 

 2  district or Senator Zeldin's or Senator 

 3  Smith's or what have you.  

 4               So I would say to Senator Krueger 

 5  as honestly as I can that this is a statewide 

 6  bill.  And if it pertains to a circumstance in 

 7  her district, so be it.

 8               SENATOR KRUEGER:   Through you, 

 9  Mr. President, if the sponsor would continue 

10  to yield.

11               ACTING PRESIDENT GRIFFO:   The 

12  sponsor yields.

13               SENATOR LIBOUS:   Yeah, sure.

14               SENATOR KRUEGER:   Since this is 

15  a statewide change of policy, has the sponsor 

16  asked the SLA their position, since it would 

17  be changing SLA law for the entire state?

18               SENATOR LIBOUS:   Mr. President, 

19  I have not directly.  

20               But I have passed, in my career, 

21  hundreds of bills, and I don't call every 

22  state agency and ask them their opinion.  

23  Because probably most of the time -- well, I 

24  don't ask them their opinion, we'll leave it 

25  at that.

                                                               4730

 1               SENATOR KRUEGER:   Through you, 

 2  Mr. President, if the sponsor would continue 

 3  to yield.

 4               SENATOR LIBOUS:   Sure.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  sponsor yields.

 7               SENATOR KRUEGER:   Does the 

 8  sponsor believe that this bill is consistent 

 9  with the law review commission recommendations 

10  for changes in SLA law?

11               SENATOR LIBOUS:   Could she 

12  repeat the question?  

13               ACTING PRESIDENT GRIFFO:    

14  Senator Krueger, can you repeat the question?  

15               SENATOR KRUEGER:   Certainly.

16               There was a law review commission 

17  recommending changes in the ABC Law or SLA law 

18  several years ago.  Does the sponsor believe 

19  this bill is consistent with the commission 

20  recommendations for changes in our SLA law?  

21               SENATOR LIBOUS:   Mr. President, 

22  the sponsor doesn't really care.

23               ACTING PRESIDENT GRIFFO:    

24  Senator Krueger, I want to inform you that in 

25  accordance with Rule 9, Section 3(d), no 

                                                               4731

 1  member is allowed more than 30 minutes to 

 2  debate a bill.  You are closely approaching 

 3  the time limit right now.

 4               SENATOR KRUEGER:   Thank you.  

 5               On the bill, Mr. President.

 6               ACTING PRESIDENT GRIFFO:    

 7  Senator Krueger on the bill.

 8               SENATOR KRUEGER:   Could I just 

 9  ask the President to cite, was this an hour on 

10  each side or a half-hour you were citing?  

11               ACTING PRESIDENT GRIFFO:    

12  Senator Krueger, in accordance with Rule 9, 

13  Section 3, subsection (d), no single Senator 

14  shall debate any bill or concurrent resolution 

15  for more than 30 minutes.

16               SENATOR KRUEGER:   Okay.  Thank 

17  you.  On the bill, thank you.  

18               ACTING PRESIDENT GRIFFO:    

19  Senator Krueger on the bill.

20               SENATOR KRUEGER:   I think I've 

21  actually -- I've been advised we don't 

22  traditionally enforce that.  But I actually 

23  think we're getting close to my being able to 

24  close.

25               So on the bill, Mr. President.

                                                               4732

 1               ACTING PRESIDENT GRIFFO:    

 2  Senator Krueger on the bill.

 3               SENATOR KRUEGER:   Thank you.  

 4               I'm asking my colleagues to think 

 5  about how they would vote on the bill if they 

 6  actually thought they had the situation in 

 7  their district where their neighboring church 

 8  said they were opposed, the community said 

 9  they were opposed, the equivalent of the local 

10  government -- in my case, a community board -- 

11  said they were opposed, the operation had gone 

12  to court and tried but lost.  

13               Knowing all that, would they 

14  actually want to support a bill that would 

15  negate all those community historical 

16  participatory supports or opposition to 

17  specific situations in their community?  

18               I would argue I don't know too 

19  many of my colleagues who would submit a bill 

20  allowing this or even vote for a bill allowing 

21  this if they didn't get the support of the 

22  community.  

23               We have passed this session -- 

24  well, of course I had to lose a week in here, 

25  but I think in this session we have passed at 

                                                               4733

 1  least three what are called carve-out bills to 

 2  the 200-foot rule.  And I'm quite sure that in 

 3  those situations the sponsors of the bills got 

 4  confirmation, the neighboring churches were 

 5  not opposed, the community was supporting.

 6               I in fact myself have sponsored 

 7  such a bill here in this house, having gotten 

 8  the support in that case of the church, the 

 9  school, and the community.

10               So I'm going to ask my colleagues 

11  to vote no, because it is a local bill in 

12  sheep's clothing.  It is not a statewide 

13  bill.  It is a bill to attempt to get around a 

14  carve-out bill, which would be the acceptable 

15  way for this arrangement to be moved forward.  

16  I know of no one other than the company hiring 

17  lobbyists to get this bill passed for them who 

18  supports this bill.  And I am hoping that my 

19  colleagues will vote no.

20               Thank you, Mr. President.

21               ACTING PRESIDENT GRIFFO:   Thank 

22  you, Senator Krueger.

23               Seeing and hearing no other 

24  Senator wishing to be heard, the debate is 

25  closed.  The Secretary will ring the bell.  

                                                               4734

 1               Senator Libous.

 2               SENATOR LIBOUS:   Mr. President, 

 3  if the members could come into the chamber.  

 4               The committee meeting is going on 

 5  a little bit longer, so at this time we're 

 6  going to, in agreement with the Minority 

 7  Leader, we're going to invoke Rule 9, which 

 8  will allow the committee members to vote, and 

 9  we're going to bring everybody in and call the 

10  roll and move along.  

11               And we're going to get the desk 

12  the names of the members that are in the 

13  committee that will be invoking their Rule 9.

14               ACTING PRESIDENT GRIFFO:   Thank 

15  you, Senator Libous.

16               The bell has been rung.  The 

17  Secretary will read the last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call 

21  the roll.

22               (The Secretary called the roll.)

23               ACTING PRESIDENT GRIFFO:   

24  Announce the results.

25               THE SECRETARY:   In relation to 

                                                               4735

 1  Calendar Number 1298, those recorded in the 

 2  negative are Senators Addabbo, Avella, 

 3  Breslin, Diaz, Dilan, Duane, Fuschillo, 

 4  Gianaris, Krueger, Oppenheimer, Parker, 

 5  Perkins, Sampson, Serrano, Squadron, Stavisky 

 6  and Stewart-Cousins.

 7               Absent pursuant to Rule 9:  

 8  Senators Gallivan, Hassell-Thompson, Kennedy, 

 9  Little, Montgomery, Nozzolio, Ritchie, and 

10  Rivera.  

11               Ayes, 35.  Nays, 17.

12               ACTING PRESIDENT GRIFFO:   The 

13  bill is passed.

14               SENATOR LIBOUS:   Mr. President.

15               ACTING PRESIDENT GRIFFO:    

16  Senator Libous, one minute, please.

17               THE SECRETARY:   Also Senator 

18  McDonald in the negative.  

19               Ayes, 34.  Nays, 18.

20               ACTING PRESIDENT GRIFFO:   The 

21  bill is passed.

22               Senator Libous.

23               SENATOR LIBOUS:   Thank you, 

24  Mr. President.  

25               Mr. President, at this time could 

                                                               4736

 1  we take up the noncontroversial reading of 

 2  Supplemental Active List 1, please.

 3               ACTING PRESIDENT GRIFFO:   We 

 4  will take up the noncontroversial reading of 

 5  Supplemental Active List 1.  The Secretary 

 6  will read.

 7               THE SECRETARY:   Calendar Number 

 8  23, by Senator Dilan, Senate Print 1362A, an 

 9  act to amend the Vehicle and Traffic Law.

10               ACTING PRESIDENT GRIFFO:   Read 

11  the last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect on the 30th day.

14               ACTING PRESIDENT GRIFFO:   Call 

15  the roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 58.  Nays, 

18  2.  Senators Duane and LaValle recorded in the 

19  negative.

20               ACTING PRESIDENT GRIFFO:   The 

21  bill is passed.

22               THE SECRETARY:   Calendar Number 

23  122, by Senator DeFrancisco --

24               SENATOR LIBOUS:   Lay it aside 

25  for the day, please. 

                                                               4737

 1               ACTING PRESIDENT GRIFFO:   Lay 

 2  the bill aside for the day.

 3               THE SECRETARY:   On page 30, 

 4  Senator Libous moves to discharge, from the 

 5  Committee on Judiciary, Assembly Bill Number 

 6  9390B and substitute it for the identical 

 7  Senate Bill Number 6522B, Third Reading 

 8  Calendar 985.

 9               ACTING PRESIDENT GRIFFO:    The 

10  substitution is so ordered.

11               The Secretary will read.

12               THE SECRETARY:   Calendar Number 

13  985, by Member of the Assembly Morelle, 

14  Assembly Print Number 9390B, an act to amend 

15  the Real Property Law.

16               ACTING PRESIDENT GRIFFO:   Read 

17  the last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call 

21  the roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 60.

24               ACTING PRESIDENT GRIFFO:   The 

25  bill is passed.

                                                               4738

 1               THE SECRETARY:   Calendar Number 

 2  1050, by Senator Little, Senate Print 346A, an 

 3  act to amend the Tax Law.

 4               ACTING PRESIDENT GRIFFO:   Read 

 5  the last section.

 6               THE SECRETARY:   Section 6.  This 

 7  act shall take effect immediately.

 8               ACTING PRESIDENT GRIFFO:   Call 

 9  the roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 60.

12               ACTING PRESIDENT GRIFFO:   The 

13  bill is passed.

14               THE SECRETARY:   On page 39, 

15  Senator Maziarz moves to discharge, from the 

16  Committee on Rules, Assembly Bill Number 10543 

17  and substitute it for the identical Senate 

18  Bill Number 7524, Calendar Number 1111. 

19               ACTING PRESIDENT GRIFFO:   The 

20  substitution is so ordered.

21               The Secretary will read.

22               THE SECRETARY:   Calendar Number 

23  1111, by the Assembly Committee on Rules, 

24  Assembly Print 10543, an act to amend the 

25  Public Authorities Law.

                                                               4739

 1               ACTING PRESIDENT GRIFFO:   Read 

 2  the last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect on the same date and in 

 5  the same manner as a chapter of the Laws of 

 6  2012.

 7               ACTING PRESIDENT GRIFFO:   Call 

 8  the roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 59.  Nays, 

11  1.  Senator Ball recorded in the negative.

12               ACTING PRESIDENT GRIFFO:   The 

13  bill is passed.

14               THE SECRETARY:   On page 39, 

15  Senator Zeldin moves to discharge, from the 

16  Committee on Rules, Assembly Bill Number 7837C 

17  and substitute it for the identical Senate 

18  Bill Number 5420C, Third Reading Calendar 

19  1114.

20               ACTING PRESIDENT GRIFFO:   The 

21  substitution is so ordered.

22               There is a home-rule message at 

23  the desk.

24               The Secretary will read.

25               THE SECRETARY:   Calendar Number 

                                                               4740

 1  1114, by Member of the Assembly Murray, 

 2  Assembly Print Number 7837C, an act in 

 3  relation to authorizing.

 4               ACTING PRESIDENT GRIFFO:   Read 

 5  the last section.

 6               THE SECRETARY:   Section 2.  This 

 7  act shall take effect on the 60th day.

 8               ACTING PRESIDENT GRIFFO:   Call 

 9  the roll.

10               (The Secretary called the roll.)

11               ACTING PRESIDENT GRIFFO:    

12  Senator Oppenheimer to explain her vote.

13               SENATOR OPPENHEIMER:   Yes, I'd 

14  like to explain why I'm voting in the negative 

15  on this.

16               The fact is that sewer projects 

17  are of such importance to particularly those 

18  of us who live around the Long Island Sound.  

19  The problem that we've been having with 

20  non-point-source pollution and with the 

21  infiltration of our sewer pipes, it's a huge, 

22  huge expense.  And when we manage to garner a 

23  little extra money, we always try to put it 

24  into our sewers.

25               It is definitely the major source 

                                                               4741

 1  of pollution in many of our waterways, not 

 2  just the Long Island Sound.  And to think that 

 3  if you manage to get some extra sewer money 

 4  that you would put it to other infrastructure 

 5  just doesn't make sense for those of us who 

 6  know how hard it is to clean up the water and 

 7  the air and the earth.

 8               So I would not direct any money 

 9  away from sewers, which is really the main 

10  source of our pollution in our water systems.

11               Thank you.  I'll be voting no.

12               ACTING PRESIDENT GRIFFO:    

13  Senator Oppenheimer to be recorded in the 

14  negative.

15               Announce the results.

16               THE SECRETARY:   In relation to 

17  Calendar Number 1114, those recorded in the 

18  negative are Senators Addabbo, Avella, Ball, 

19  Dilan, Duane, Gianaris, Krueger, LaValle, 

20  Oppenheimer, Perkins, Serrano, Smith, 

21  Squadron, Stavisky and Stewart-Cousins.  

22               Ayes, 45.  Nays, 15.

23               ACTING PRESIDENT GRIFFO:   The 

24  bill is passed.

25               Senator Libous, that completes 

                                                               4742

 1  the noncontroversial reading of Supplemental 

 2  Active List Number 1.

 3               SENATOR LIBOUS:   Thank you, 

 4  Mr. President.

 5               Mr. President, at this time I'm 

 6  going to call an immediate meeting of the 

 7  Finance Committee in Room 332.  But the Crime 

 8  and Corrections Committee is just finishing 

 9  up.  So as soon as they're done -- and we 

10  expect them to be done within minutes -- the 

11  Finance Committee will take up its business.  

12               The Senate will stand at ease, 

13  and we'll come back awaiting the report of the 

14  Finance Committee.

15               ACTING PRESIDENT GRIFFO:   There 

16  will be an immediate meeting of the Finance 

17  Committee in Room 332, following the 

18  completion of the Crime and Corrections 

19  Committee.  

20               Until such time as the Finance 

21  Committee returns to the chamber, the Senate 

22  will stand at ease.

23               (Whereupon, the Senate stood at 

24  ease at 12:01 p.m.)

25               (Whereupon, the Senate reconvened 

                                                               4743

 1  at 12:36 p.m.)

 2               SENATOR LIBOUS:   Mr. President.  

 3               ACTING PRESIDENT GRIFFO:    

 4  Senator Libous.

 5               SENATOR LIBOUS:   Can we return 

 6  to motions and resolutions.

 7               Can we close the door, please.  

 8  Sergeant-at-Arms, close the door, please.  

 9               ACTING PRESIDENT GRIFFO:   Can we 

10  have some order in the chamber, please.

11               SENATOR LIBOUS:   Close the door, 

12  please.

13               ACTING PRESIDENT GRIFFO:   We 

14  will return to motions and resolutions.

15               SENATOR LIBOUS:   Thank you, 

16  Mr. President.  

17               Returning to motions and 

18  resolutions, I believe that Senator Zeldin has 

19  a resolution at the desk, Number 5436.  It was 

20  previously adopted by this house on 

21  June 19th.  Could you please have it read in 

22  its entirety, and then could you please call 

23  on Senator Zeldin.

24               ACTING PRESIDENT GRIFFO:   The 

25  Secretary will read.

                                                               4744

 1               THE SECRETARY:   Legislative 

 2  Resolution Number 5436, by Senator Zeldin, 

 3  commemorating the First Annual Tri-Hamlet Day 

 4  and congratulating the members of the 

 5  Tri-Hamlet Renaissance Project.  

 6               "WHEREAS, It is the sense of this 

 7  Legislative Body to recognize that the quality 

 8  and character of life in the communities 

 9  across New York State are reflective of the 

10  concerned and dedicated efforts of those 

11  organizations and individuals who would devote 

12  themselves to the welfare of the community and 

13  its citizenry; and 

14               "WHEREAS, Attendant to such 

15  concern, and in full accord with its 

16  long-standing traditions, this Legislative 

17  Body is justly proud to commemorate the 

18  First Annual Tri-Hamlet Day and to 

19  congratulate the members of the Tri-Hamlet 

20  Renaissance Project.  The First Annual 

21  Tri-Hamlet Day was celebrated on June 9, 2012; 

22  and 

23               "WHEREAS, The communities of 

24  Shirley, Mastic, and Mastic Beach, known as 

25  the Tri-Hamlet Community, are the hidden jewel 

                                                               4745

 1  of Long Island; and 

 2               "WHEREAS, Rich in Revolutionary 

 3  War history, natural parks and recreational  

 4  waterways, the Tri-Hamlet Community enjoys 

 5  many blessings but also faces serious 

 6  challenges; and 

 7               "WHEREAS, Residents of the 

 8  Tri-Hamlet Community and elected officials 

 9  from every level of government engaged in a 

10  six-month collaborative effort to produce the 

11  Tri-Hamlet Renaissance Project Report, 

12  organizing themselves into six work groups:  

13  infrastructure, economic development, real 

14  estate, quality of life, public safety, and 

15  marketing.  The participants produced a series 

16  of proposals to address these challenges; and 

17               "WHEREAS, The report's 

18  recommendations are practical and achievable 

19  solutions to enhance the quality of life in 

20  the community for generations to come; and 

21               "WHEREAS, One of the first 

22  achievements of the project is the success of 

23  the First Annual Tri-Hamlet Day.  Thousands of 

24  people enjoyed the many treasures located 

25  throughout the community, including the 

                                                               4746

 1  William Floyd Estate, Wertheim National 

 2  Wildlife Refuge, the Manor of St. George, the 

 3  gravesite of Revolutionary War General 

 4  Nathaniel Woodhull, and the Village of Mastic 

 5  Beach Town Square; and 

 6               "WHEREAS, The work of the 

 7  Tri-Hamlet Renaissance Project is another 

 8  example of the long American tradition of 

 9  self-reliance, individual initiative, and 

10  grassroots activism; and 

11               "WHEREAS, The members of the 

12  Tri-Hamlet Renaissance Project are:  Joe 

13  Asaro, Bill Biondi, John Bivona, Marilyn 

14  Bonsignore, Kate Browning, Joe Carabott, Sara 

15  Carmichael, Frank Cappiello, Gail Cappiello, 

16  Lori Ann Casdia, Kevin Collins, April Coppola, 

17  Ed DeGennaro, Rob Deshler, John Doyle, Al 

18  Ehresman, Eric Fischer, Evelyn Green, Glenn 

19  Hollins, Ray Hopp, Tinamarie Hughes, Ray 

20  Keenan, Philip King, Michael Leonardi, Natalie 

21  Lewis, Tony Liberti, Mike Lubrano, Pat 

22  Matthews, Catherine Meinhold, Debbie Metz, 

23  Dolores Murphy-Gallagher, Paul Older, Ken 

24  Olivo, Gary Ollet, Dan Panico, Katherine 

25  Palma, Vincent Pascale, Helen Purdoski, Kerri 

                                                               4747

 1  Rosalia, Cheryl Rowehl, Thomas Scarpantonio, 

 2  Benny Schiraldi, John Sicignano, Linda 

 3  Sulfaro, Larry Tellefson, William Toranzo, 

 4  Robert Vecchio, Beth Wahl, Al Walter, Robert 

 5  Wisdom and Victor Zeleny; and 

 6               "WHEREAS, It is the sense of this  

 7  Legislative Body that when individuals and 

 8  organizations of such noble aims and 

 9  accomplishments are brought to our attention, 

10  they should be celebrated and recognized by 

11  all the citizens of this great Empire State; 

12  now, therefore, be it 

13               "RESOLVED, That this Legislative 

14  Body pause in its deliberations to commemorate 

15  the First Annual Tri-Hamlet Day and to 

16  congratulate the members of the Tri-Hamlet 

17  Renaissance Project; and be it further 

18               "RESOLVED, That copies of this  

19  resolution, suitably engrossed, be transmitted 

20  to the aforementioned members of the 

21  Tri-Hamlet Renaissance Project."

22               ACTING PRESIDENT GRIFFO:    

23  Senator Zeldin.

24               SENATOR ZELDIN:   It is with 

25  great pride and honor that I rise today in 

                                                               4748

 1  support of this resolution.  I am personally 

 2  from the Shirley community.  I live there now 

 3  today.  

 4               The Tri-Hamlet Community, it's 

 5  the areas of Mastic, Mastic Beach, and 

 6  Shirley.  It's an area that I represent along 

 7  with Senator LaValle.

 8               Over the course of the last year 

 9  or so we have worked together, elected 

10  officials of all different political parties, 

11  community leaders from dozens of different 

12  community groups, to work together to put 

13  aside any of our differences to move this 

14  community forward.  

15               We came up with this Tri-Hamlet 

16  Renaissance Project.  The first proposal of 16 

17  that was implemented was on June 9th we had 

18  the Tri-Hamlet Community Celebration Day.  

19               I think it's just a great 

20  opportunity that the State Senate -- and I 

21  thank you, Senator Libous, for taking the time 

22  out of a busy day to recognize the efforts of 

23  community leaders who really, from the 

24  grassroots effort, have taken so much of their 

25  personal time, maybe away from their families 

                                                               4749

 1  or from their businesses, to help their 

 2  community.  

 3               And I'm very proud to come from 

 4  the Shirley-Mastic-Mastic Beach community.  We 

 5  are joined today by Bob Vecchio.  Bob Vecchio 

 6  is not only the person who led our marketing 

 7  workgroup, which spearheaded the Tri-Hamlet 

 8  Community Celebration Day, he is the president 

 9  of the school board for the William Floyd 

10  School District and advocates so hard on 

11  behalf of our schoolchildren, our parents, our 

12  taxpayers.  

13               And it's with great, great honor 

14  and privilege that I ask all of us to 

15  recognize Bob Vecchio and thank all the 

16  members of the workgroup for their dedication 

17  to improving this community that for too often 

18  has been neglected.  

19               And thank you, Bob, for all of 

20  your hard work.

21               (Applause.)

22               ACTING PRESIDENT GRIFFO:   Bob, 

23  we welcome you to the chamber and we extend 

24  the courtesies of the house to you.  

25               As noted, the resolution had been 

                                                               4750

 1  previously adopted.

 2               Senator Libous.

 3               SENATOR LIBOUS:   Thank you, 

 4  Mr. President.  And thank you, Senator Zeldin.

 5               I have a motion that I can do.  

 6  On behalf of Senator Martins, Mr. President, I 

 7  move to amend Senate Bill 3778E by striking 

 8  out amendments made on June 18th and restoring 

 9  it to its previous print number, 3778D.

10               ACTING PRESIDENT GRIFFO:   So 

11  ordered.

12               SENATOR LIBOUS:   We'll remain 

13  at ease.

14               ACTING PRESIDENT GRIFFO:   The 

15  Senate remains at ease.

16               (Whereupon, the Senate stood at 

17  ease at 12:44 p.m.)

18               (Whereupon, the Senate reconvened 

19  at 1:02 p.m.)

20               SENATOR LIBOUS:   Mr. President.

21               ACTING PRESIDENT GRIFFO:    

22  Senator Libous.

23               SENATOR LIBOUS:   Can we return 

24  to reports of standing committees, please.  I 

25  believe there's a report of the Finance 

                                                               4751

 1  Committee at the desk.  I ask that it be read 

 2  at this time.

 3               ACTING PRESIDENT GRIFFO:    

 4  Returning to reports of standing committees, 

 5  the Secretary will read the report of the 

 6  Finance Committee.

 7               THE SECRETARY:   Senator 

 8  DeFrancisco, from the Committee on Finance, 

 9  reports the following nomination.  

10               As Commissioner of the Department 

11  of Labor, Peter M. Rivera, of the Bronx.

12               ACTING PRESIDENT GRIFFO:    

13  Senator DeFrancisco.

14               SENATOR DeFRANCISCO:   Yes, I 

15  move the nomination of Peter M. Rivera for 

16  Commissioner of the Department of Labor.  

17               He appeared before the Finance 

18  Committee and got glowing reviews from 

19  virtually everyone in the committee, based 

20  upon his broad range of experience, his 

21  characteristics of being able to deal with 

22  people, work with people, and his experience 

23  in both the business and labor arenas.

24               So I am proud to move the 

25  nomination of Peter M. Rivera.  

                                                               4752

 1               ACTING PRESIDENT GRIFFO:   Thank 

 2  you, Senator DeFrancisco.

 3               Senator Robach.

 4               SENATOR ROBACH:   Yes, 

 5  Mr. President, let me too rise to applaud the 

 6  Governor and enthusiastically support this 

 7  nomination.  

 8               I won't belabor it, but Peter has 

 9  a storied record, not only in law enforcement 

10  and as district attorney, private 

11  entrepreneurship, law.  As they say in sports, 

12  really the total package.  

13               And then of course I'm elated 

14  that the Governor chose to pick someone from 

15  our ranks, a legislator, someone who has 

16  served and is a well-known entity.  His work 

17  speaks for itself on wanting to help working 

18  men, women, and families.  

19               And I know through our discussion 

20  not only is he interested in policy but, also 

21  especially for us in upstate New York, trying 

22  to help policies that will create jobs and 

23  make sure everyone in the process has access.

24               So it's really with great 

25  confidence and my pleasure to nominate someone 

                                                               4753

 1  well-qualified and a friend, Peter Rivera, for 

 2  the Labor chair, which I would also say, too, 

 3  we've had a lot of turnover in.  And I think 

 4  Peter will bring not only knowledge and 

 5  talent, but also some stability.

 6               Thank you, Mr. President.

 7               ACTING PRESIDENT GRIFFO:   

 8  Senator Klein.

 9               SENATOR KLEIN:   Thank you, 

10  Mr. President.

11               It's also my pleasure to second 

12  the nomination of Peter Rivera.  And I want to 

13  commend the Governor for his appointment to 

14  make Peter our Commissioner of Labor.

15               I had the privilege of sitting 

16  next to Peter for about 10 years in the 

17  Assembly.  I know a lot about him; some of it 

18  I can't mention on the floor today.

19               (Laughter.)

20               SENATOR KLEIN:   But I do know 

21  his commitment to public service.  He has a 

22  resume that's really unmatched.  A former 

23  police officer in New York City, a former DEA 

24  agent, a former assistant district attorney.  

25  And he comes to the Assembly with a very, very 

                                                               4754

 1  good background and truly a commitment to 

 2  public service.

 3               So I think being appointed as 

 4  Commissioner of Labor is a natural extension 

 5  for Peter, where he can use his wide 

 6  expertise, his understanding of all 

 7  complicated legislative issues.  And I know 

 8  with Peter as the Commissioner of Labor, I 

 9  know the working men and women of New York 

10  State will have a true friend.

11               I'm proud to second the 

12  nomination.

13               ACTING PRESIDENT GRIFFO:    

14  Senator Marcellino.

15               SENATOR MARCELLINO:   Thank you, 

16  Mr. President.

17               I too would like to rise to 

18  second the nomination of Peter Rivera, 

19  congratulate the Governor for a fine 

20  appointment, but to point out something I also 

21  mentioned in the Finance hearing when we moved 

22  him in Finance just a few moments ago.

23               The unemployment rate on 

24  Long Island in this past year, according to 

25  the State Department of Labor, has gone up 

                                                               4755

 1  from 6.7 percent to 7.4 percent this past year 

 2  alone.  This is a shocking number.  

 3               If you go, as Senator Fuschillo 

 4  did also in the committee, as you go to the 

 5  trades, the building and construction trades, 

 6  the number could be 30, 40 and I've heard as 

 7  high as 50 percent unemployment in those 

 8  regions, in those areas.  

 9               So unemployment is a very, very 

10  difficult, tough subject area.  And we would 

11  like to see programs that would work with 

12  employers, work with businesses, work with 

13  construction companies, whatever, so that they 

14  will hire in-state residents when they do work 

15  in this state.  When they are employed, when 

16  they are doing construction, when they are 

17  doing business in this state, they should be 

18  hiring New York State people.  

19               And we would like to see programs 

20  initiated from the Department of Labor to 

21  encourage that type of procedure and that type 

22  of policy.

23               So, Peter, I look forward to 

24  working with you on this, because I think it 

25  is an extremely important issue for all of our 

                                                               4756

 1  people, and I know you do as well.  And again, 

 2  thank you for your willingness to serve the 

 3  people of the State of New York.

 4               Mr. President, I proudly vote 

 5  aye.

 6               ACTING PRESIDENT GRIFFO:    

 7  Senator Libous.

 8               SENATOR LIBOUS:   Thank you, 

 9  Mr. President.

10               I too want to rise to second the 

11  nomination of Mr. Rivera.  I had the pleasure 

12  of working with him very closely over a period 

13  of time as we both worked together on helping 

14  people with physical and mental disabilities.  

15  And I had found that, during that time period, 

16  he is extremely compassionate, he is 

17  committed, and he is an extremely hard 

18  worker.  

19               And I think he will take those 

20  qualities, not only as he has as an elected 

21  official but at least the experience that he 

22  shared with me, to the Department of Labor.  

23  And I look forward to working with him on 

24  those important issues that affect the 

25  Department of Labor not only in my district 

                                                               4757

 1  but throughout the state.  

 2               And I want to applaud Governor 

 3  Cuomo for an outstanding nominee.

 4               ACTING PRESIDENT GRIFFO:   Thank 

 5  you, Senator Libous.

 6               Senator Diaz.

 7               SENATOR DIAZ:   Thank you, 

 8  Mr. President.  

 9               There are many reasons why I 

10  should be happy.  There are many reasons why I 

11  should be excited.  There are many reasons why 

12  I should be overwhelmed with this nomination.  

13  One of the reasons the nominee is a Puerto 

14  Rican like me.  So as a Puerto Rican, I should 

15  be happy.  I should be excited.  That's a 

16  reason to be excited, a reason to be happy.  

17               Another reason, the nominee is 

18  someone that I know since 1975 when I was a 

19  student at Lehman College in the Bronx and he 

20  was a member of the New York City Police 

21  Department recruiting and went to the school 

22  to interview and to give a speech.  So there's 

23  a reason to be -- I should be happy because I 

24  know the nominee longer than anyone here.  

25               Another reason that I should be 

                                                               4758

 1  happy with the nomination is that I helped the 

 2  nominee being an Assemblyman.  In 1992 when he 

 3  ran, I was the one putting posters, I was the 

 4  one knocking doors, I was the one holding his 

 5  hands up to be elected when other people were 

 6  not there.  Only Jose Rivera and myself were 

 7  only with him.  Everybody else abandoned him, 

 8  even Borough President Fernando Ferrer at that 

 9  time.

10               So I should be happy.  Another 

11  reason I should be happy, the nominee is the 

12  Assemblyman of my district.  As a matter of 

13  fact, he represents the area where I live.  

14               And I should be happy, finally, 

15  because I know that when the Governor sends 

16  someone here, it's a done deal.  Nobody dares 

17  to go against that.  It's a rubber stamp.  

18  It's a done deal.  So why going -- why making 

19  so much fuss?  No one ever has been rejected.  

20  If the Governor send him, he already worked it 

21  out with the leader, and it's a done deal.

22               But the same reason why I should 

23  be happy, the same reason why I should be 

24  excited, the same reason why I should be 

25  overwhelmed are the same reason that make me 

                                                               4759

 1  vote no on this nomination.  Because I know 

 2  the nominee.  Because I work with him.  

 3  Because I know the district he represents.  

 4  Because as a Puerto Rican, I've been 

 5  disappointed.  

 6               And you say, "You're going to go 

 7  against a Puerto Rican?  I mean, you are 

 8  crazy?  Ah, we should be proud."  Ehh, that's 

 9  why I put a candidate to run against him two 

10  years ago.  Because I'm disappointed.  And I'm 

11  not only disappointed with him, I'm 

12  disappointed with a lot of other elected 

13  officials in the area.  

14               New times, ladies and gentlemen.  

15  And this is not the first time that I stood in 

16  this chamber and voted no, the only one.  I 

17  was the only Democrat that voted no on gay 

18  marriage.  Proudly voted no.  Everybody else 

19  voted yes.  And I was the only Senator that 

20  voted no on Governor Cuomo's budget.  Me and 

21  Tom Duane, everybody else vote yes.  So this 

22  is not the first time for me to say no.  

23               "Oh, are you crazy?  Everybody is 

24  voting yes."  But this is not the first time, 

25  and it will not be the last time that I will 

                                                               4760

 1  be the only one standing and saying no when 

 2  everybody else is saying yes.

 3               So go ahead, ladies and 

 4  gentlemen, say how proud you are about the 

 5  Governor nominating that you always do.  

 6  Everybody says, I'm proud.  I congratulate the 

 7  Governor.  I do, the Governor.  

 8               Well, I wish Peter Rivera well.  

 9  And I wish all of you well.  But, 

10  Mr. President and ladies and gentlemen, this 

11  is a nomination that I cannot support.

12               Thank you.

13               ACTING PRESIDENT GRIFFO:    

14  Senator Fuschillo.

15               SENATOR FUSCHILLO:   Thank you 

16  very much, Mr. President.

17               I'm happy.  I'm excited.  And I 

18  want to thank Governor Cuomo for his 

19  nomination.  

20               I've had the pleasure of working 

21  with Assemblyman Peter Rivera for many, many 

22  years on many different issues.  And I've 

23  found him to be dedicated, have compassion for 

24  the issue we're dealing with, but a straight 

25  focus on getting it done.

                                                               4761

 1               We just approved his nomination 

 2  in the Finance Committee, and Senator Nozzolio 

 3  raised some very important issues facing 

 4  statewide for the labor, building trades and 

 5  other trade unions throughout New York State.  

 6  And I echoed his sentiments because of what 

 7  we're facing on Long Island with some of the 

 8  building trades and members that have 30, 40, 

 9  50 percent unemployment, and it's of great 

10  concern to us.  

11               And Assemblyman Rivera concurred, 

12  and I know that he will do his utmost to 

13  address those issues.

14               So as I said, I'm happy, I'm 

15  excited with this nomination.  I thank you, 

16  Peter, for your willingness to serve the 

17  people of New York State.  

18               Mr. President, I vote yes on this 

19  nomination.

20               ACTING PRESIDENT GRIFFO:    

21  Senator Hassell-Thompson.

22               SENATOR HASSELL-THOMPSON:   Thank 

23  you, Mr. President.

24               Peter Rivera is an extraordinary 

25  gentleman, and people who know me know that I 

                                                               4762

 1  use the term very restrictively.  

 2               I'm going to miss the fact that 

 3  he and I shared an Assembly district and a 

 4  Senate district that contained a lot of people 

 5  who have issues of poverty, issues of 

 6  illiteracy, issues of homelessness.  And the 

 7  kinds of things that we've been able to 

 8  partner and do together in that slim portion 

 9  of the district that we share together 

10  has made me very proud.

11               I'm going to miss that.  I don't 

12  know, whomever is going to replace him, if 

13  they will bring the personality and the 

14  panache and certainly the commitment to that 

15  district that he has done.  

16               But I want to be one of those who 

17  congratulates him on accepting a post that I 

18  think needs a lot of attention, that he will 

19  help to set and develop policy for the 

20  Department of Labor that will help to put 

21  people back to work, that will help to 

22  redesign training programs that continue to be 

23  necessary in many of our communities.  And I 

24  know that he is not one who allows his voice 

25  to be whispered, but he will be a voice for 

                                                               4763

 1  those who are voiceless.

 2               So I'm happy to second his 

 3  nomination as well and to wish him the best of 

 4  congratulations in this new position and know 

 5  that anything that I can continue to do to 

 6  make the work that he does a success, I will 

 7  continue to be there, as I have when we shared 

 8  a district in the Bronx.

 9               Thank you, Mr. President.

10               ACTING PRESIDENT GRIFFO:   The 

11  question is on the nomination of Peter M. 

12  Rivera, of the Bronx, as Commissioner of the 

13  New York State Department of Labor.  All those 

14  in favor signify by saying aye.

15               (Response of "Aye.")

16               ACTING PRESIDENT GRIFFO:    

17  Opposed?  

18               (Response of "Nay.")

19               ACTING PRESIDENT GRIFFO:   The 

20  confirmation is hereby confirmed of Peter M. 

21  Rivera, of the Bronx.  Commissioner, 

22  congratulations.

23               (Standing ovation.)

24               ACTING PRESIDENT GRIFFO:    

25  Assemblyman Rivera is joined today by his 

                                                               4764

 1  daughter, Lauren.  We appreciate you being in 

 2  attendance today.

 3               The Secretary will read.

 4               THE SECRETARY:   As Commissioner 

 5  and President of the State Civil Service 

 6  Commission, Jerry Boone, of Troy.

 7               ACTING PRESIDENT GRIFFO:    

 8  Senator DeFrancisco.

 9               SENATOR DeFRANCISCO:   Yes, I 

10  proudly move the nomination.  Another great 

11  appointee of this Governor.

12               Mr. Boone has an incredible 

13  background both in the law as well as in 

14  business, and he's someone who has incredible 

15  managerial experience, if you take a look at 

16  his resume.

17               So I just wanted to mention to 

18  him and all the nominees that things went 

19  pretty quickly in the Finance Committee not 

20  out of any disrespect for any of them, but in 

21  view of the agenda that's going to bring us 

22  into the late, late hours of this evening.

23               So, Mr. Boone, we're proud that 

24  you would be willing to serve with your 

25  background and serve the State of New York, 

                                                               4765

 1  and I proudly move his nomination.

 2               ACTING PRESIDENT GRIFFO:    

 3  Senator Farley.

 4               SENATOR FARLEY:   Yeah, I rise to 

 5  support this nomination.

 6               Jerry Boone is very well 

 7  qualified, a Capital District resident.  We're 

 8  lucky to have him.  This is a very important 

 9  agency which the legislators work with, and 

10  particularly those of fuss the Capital 

11  District.

12               To get somebody of this 

13  background to serve the State of New York, 

14  we're very fortunate.  I applaud Governor 

15  Cuomo on making this appointment.  

16               We're very lucky to have you, 

17  Jerry, and all the best wishes to you in your 

18  new service.

19               ACTING PRESIDENT GRIFFO:   The 

20  question is on the nomination of Jerry Boone, 

21  of Troy, as Commissioner and President of the 

22  State Civil Service Commission.  All in favor 

23  signify by saying aye.

24               (Response of "Aye.")

25               ACTING PRESIDENT GRIFFO:    

                                                               4766

 1  Opposed?

 2               (No response.)

 3               ACTING PRESIDENT GRIFFO:   Jerry 

 4  Boone, of Troy, is hereby confirmed as 

 5  Commissioner and President of the State Civil 

 6  Service Commission.  Thank you.  

 7               (Applause.)

 8               ACTING PRESIDENT GRIFFO:    

 9  Joining Jerry in the gallery today is his 

10  wife, Janice, and his son, Brian.  We 

11  congratulate you and extend best wishes.

12               The Secretary will read.

13               THE SECRETARY:   As member of the 

14  New York State Board of Parole, Christina 

15  Hernandez, of East Greenbush.

16               ACTING PRESIDENT GRIFFO:    

17  Senator DeFrancisco.

18               SENATOR DeFRANCISCO:   Are we on 

19  all the nominees for the Board of Parole or 

20  just one?  

21               ACTING PRESIDENT GRIFFO:   One.

22               SENATOR DeFRANCISCO:   Okay.  And 

23  that is Christina Hernandez?

24               ACTING PRESIDENT GRIFFO:   

25  Correct.

                                                               4767

 1               SENATOR DeFRANCISCO:   Well, 

 2  that's easy, then, if that's what this is on.  

 3               I proudly move her nomination for 

 4  reappointment to the Board of Parole and ask 

 5  that you please recognize Senator Nozzolio.

 6               ACTING PRESIDENT GRIFFO:    

 7  Senator Nozzolio.

 8               SENATOR NOZZOLIO:   Thank you, 

 9  Mr. President.  Thank you, Senator 

10  DeFrancisco.  

11               That Christina Hernandez is an 

12  excellent reappointment to the Board of 

13  Parole.  That she has an outstanding record in 

14  criminal justice issues.  And I would like to 

15  just highlight the fact that her first 

16  involvement and job responsibility was serving 

17  as a commissioner on the Crime Victims Board.  

18               And under her watch, the Crime 

19  Victims Board's backlog of cases, where 

20  victims were not being appropriately 

21  compensated after much delay -- that her 

22  involvement, her background, her work in being 

23  involved in that drastically reduced that 

24  backlog.  And for that she certainly deserves 

25  continued kudos.

                                                               4768

 1               Her work as a member of the 

 2  Parole Board is also extremely important.  And 

 3  that Governor Cuomo, in recognizing her 

 4  talents and her involvement and her particular 

 5  dedication, certainly will serve the taxpayers 

 6  of this state very, very well.

 7               Her broad background, her 

 8  experience, her involvement, and this 

 9  renomination is extremely important for the 

10  continued integrity of the Parole Board, and 

11  for that we are grateful and look forward to 

12  working with Commissioner Hernandez in the 

13  years ahead.

14               ACTING PRESIDENT GRIFFO:    

15  Senator Rivera.

16               SENATOR RIVERA:   Thank you, 

17  Mr. President.  I stand proudly to second as 

18  well the nomination of Christina Hernandez.  

19               I've gotten the opportunity to 

20  know the commissioner in the last couple of 

21  months, certainly in the year and a half that 

22  I have been serving, and she is one of the 

23  folks that I have learned a lot from.  

24               In my role as ranking victim -- 

25  ranking member, ranking member in the Crime 

                                                               4769

 1  Victims, Crime and Corrections Committee, 

 2  there's a lot that I have had to learn over 

 3  the last year about the correction system and 

 4  certainly about the Parole Board.  And she is 

 5  one of the folks that has given me a lot of 

 6  insight into the difficult job that Parole 

 7  Board members have.  

 8               And she's been an excellent 

 9  Parole Board member for the time that she has 

10  been appointed.  She is, and I will point this 

11  out, one of the -- the only Latina in the 

12  upstate area that has been both nominated and 

13  confirmed.  And I believe that it is 

14  incredibly important to have a diverse group 

15  of people making decisions on all of the -- on 

16  who is going to be paroled.  It is an 

17  immensely difficult job, and she takes it 

18  very, very seriously.  

19               I have been very proud to know 

20  her in the last year and a half, and I'm very 

21  proud to vote for her nomination on the floor 

22  of the Senate.  I will be voting in the 

23  affirmative.  

24               Thank you, Mr. President.

25               ACTING PRESIDENT GRIFFO:   Thank 

                                                               4770

 1  you, Senator Rivera.

 2               Senator Gallivan.

 3               SENATOR GALLIVAN:   Thank you, 

 4  Mr. President.  

 5               I also rise to support the 

 6  nomination of Christina Hernandez to the 

 7  Parole Board.  And I would like to talk about 

 8  all the nominees so you don't have to listen 

 9  to me for each one of you.  

10               I served as a member of the 

11  Parole Board with the three individuals being 

12  renominated.  I personally know the other two 

13  individuals being nominated and am aware of 

14  the background of the sixth individual being 

15  nominated today.  And they are all excellent, 

16  excellent appointments by the Governor.  

17               The people that I have worked 

18  with, the people that come from different 

19  backgrounds I think will bring a lot to the 

20  Parole Board, enhance its professionalism, 

21  continue to move it forward.  

22               And I proudly support your 

23  nomination, Christina, the nomination of all 

24  the others, and congratulate you.

25               Thank you, Mr. President.

                                                               4771

 1               ACTING PRESIDENT GRIFFO:   Thank 

 2  you, Senator Gallivan.

 3               The question is on the 

 4  reappointment of Christina Hernandez, of 

 5  East Greenbush, as a member of the New York 

 6  State Board of Parole.  All in favor signify 

 7  by saying aye.

 8               (Response of "Aye.")

 9               ACTING PRESIDENT GRIFFO:    

10  Opposed?  

11               (No response.)

12               ACTING PRESIDENT GRIFFO:    

13  Christina Hernandez is hereby reappointed as a 

14  member of the New York State Board of Parole.  

15               She's joined today by her son, 

16  David, and her fiance, Cesar Astralaya.  

17  Congratulations and best wishes.

18               (Applause.)

19               ACTING PRESIDENT GRIFFO:   The 

20  Secretary will read.

21               THE SECRETARY:   As a member of 

22  the New York State Board of Parole, G. Kevin 

23  Ludlow, of Sauquoit.

24               ACTING PRESIDENT GRIFFO:   

25  Senator DeFrancisco.  

                                                               4772

 1               SENATOR DeFRANCISCO:   I rise to 

 2  move the nomination of Mr. Ludlow.  I have 

 3  known him for some time, know of his great 

 4  experience and know of his great work on the 

 5  Parole Board.  I'm proud that the Governor has 

 6  reappointed him to this position.  

 7               And I'd ask you to please 

 8  recognize Senator Nozzolio.

 9               ACTING PRESIDENT GRIFFO:    

10  Senator Nozzolio.

11               SENATOR NOZZOLIO:   Thank you, 

12  Mr. President, and thank you, Senator 

13  DeFrancisco.

14               On behalf of you, Mr. President, 

15  who I know is a great advocate and close 

16  friend of the nominee, Kevin Ludlow brings a 

17  wealth and breadth of experience to the 

18  position.  

19               I'm very pleased now this will be 

20  his third term on the Parole Board, and 

21  Governor Cuomo's appointment recognizes the 

22  importance of having this experience and 

23  stability on the board.  And for that, we're 

24  very grateful.  

25               That Kevin has been no stranger 

                                                               4773

 1  to the Legislature.  As a matter of fact, I 

 2  know he's very proud of the fact that his 

 3  roots are on staff here, working in the 

 4  Senate, in the Assembly.  And that that's 

 5  where I first met Kevin, actually before I 

 6  became an Assemblyman, a long time ago, I met 

 7  Kevin while he was working there.  

 8               And that he has served the people 

 9  of this state with great integrity and great 

10  efficiency and effectiveness, and we are 

11  extremely pleased that Governor Cuomo is going 

12  to continue that service through this 

13  nomination.

14               Again, Mr. President, I know you 

15  can't speak directly, but you certainly have 

16  long since been Kevin's greatest advocate, and 

17  for that I appreciate and we appreciate this 

18  renomination of Kevin Ludlow to serve in the 

19  important capacity as parole commissioner.

20               ACTING PRESIDENT GRIFFO:   Thank 

21  you, Senator Nozzolio.

22               Senator Seward.

23               SENATOR SEWARD:   Yes, thank you, 

24  Mr. President.  

25               I too would like to rise to 

                                                               4774

 1  second the confirmation of Kevin Ludlow to 

 2  continue as a member of the Parole Board.  

 3  I've known Kevin for some 35 years.  It's hard 

 4  to imagine two young guys like us would have a 

 5  35-year friendship, but it's true.  And I can 

 6  personally attest to his good character, his 

 7  keen abilities, and just an overall good guy.

 8               He's been a very distinguished 

 9  practicing attorney in Central New York for a 

10  number of years.  And of course his state 

11  service has been first as a counsel to two 

12  members of this body, both Senators Donovan 

13  and Sears, and then going on to be a member of 

14  the State Commission on Investigations, and 

15  the last number of years as a member of the 

16  State Parole Board.

17               And that's a tough job.  It 

18  requires sound judgment, and certainly Kevin 

19  has exercised that over his tenure.  And I'm 

20  delighted that the Governor has seen fit to 

21  nominate Kevin to continue as a member of the 

22  Parole Board.

23               So also on behalf of 

24  Mr. President -- Senator Griffo -- and myself, 

25  I'm very, very pleased, personally pleased to 

                                                               4775

 1  stand to second his confirmation.  

 2               All the best, Kevin.

 3               ACTING PRESIDENT GRIFFO:   Thank 

 4  you, Senator Seward.

 5               Senator Farley.

 6               SENATOR FARLEY:   Yes, I also 

 7  rise to support Kevin.  Because, you know, I 

 8  go way back with him, having sat next to 

 9  Senator Donovan, who was here for a lot of 

10  years.  

11               And, you know, anybody that comes 

12  from Sauquoit has got to be a real winner.  So 

13  we're lucky to have you on the Parole Board, 

14  and thank you for your service.  Particularly 

15  somebody that has served in this house, we all 

16  have to recognize that they're very well 

17  trained and they make an excellent public 

18  servant.  

19               We're lucky to have you, and good 

20  luck.

21               ACTING PRESIDENT GRIFFO:   The 

22  question is on the reappointment of G. Kevin 

23  Ludlow, of Sauquoit, as a member of the 

24  New York State Board of Parole.  All in favor 

25  signify by saying aye.

                                                               4776

 1               (Response of "Aye.")

 2               ACTING PRESIDENT GRIFFO:    

 3  Opposed?  

 4               (No response.)

 5               ACTING PRESIDENT GRIFFO:    

 6  G. Kevin Ludlow, of Sauquoit, is hereby 

 7  reappointed and confirmed as a member of the 

 8  New York State Board of Parole.  

 9               Congratulations, Kevin.

10               (Applause.)

11               ACTING PRESIDENT GRIFFO:   The 

12  Secretary will read.

13               THE SECRETARY:   As a member of 

14  the New York State Board of Parole, Ellen 

15  Evans Alexander, of Binghamton.

16               ACTING PRESIDENT GRIFFO:   

17  Senator DeFrancisco.  

18               SENATOR DeFRANCISCO:   I move the 

19  nomination and again ask you to recognize the 

20  chairman of Crime Victims and whatever the 

21  other title is, Senator Nozzolio.

22               ACTING PRESIDENT GRIFFO:   Thank 

23  you, Senator DeFrancisco.

24               Senator Nozzolio.

25               SENATOR NOZZOLIO:   Thank you, 

                                                               4777

 1  Mr. President.  Thank you, Senator 

 2  DeFrancisco.

 3               That Ellen Evans Alexander, of 

 4  Binghamton, has a broad background and great 

 5  foundation in her educational experience -- 

 6  graduate of Cornell University and the Buffalo 

 7  School of Law, University of Buffalo School of 

 8  Law.  That she is a New Yorker, was educated 

 9  in New York, but has much experience in other 

10  states involved with criminal justice issues.

11               And that brings -- it was 

12  impressive to the committee to bring that 

13  diversity of experience to the new position as 

14  a commissioner of the Board of Parole.  That 

15  she by all accounts is well-suited for this 

16  task, has a great educational and experience 

17  background.  

18               And that I believe the Governor, 

19  in reaching out and finding the talented 

20  Ms. Alexander to serve in this capacity, is 

21  exemplary of a very unique and important Board 

22  of Parole.  

23               And for that, Mr. President, I 

24  move the nomination.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4778

 1  question is on the appointment of Ellen Evans 

 2  Alexander, of Binghamton, as a member of the 

 3  New York State Board of Parole.  All in favor 

 4  signify by saying aye.

 5               (Response of "Aye.")

 6               ACTING PRESIDENT GRIFFO:    

 7  Opposed?  

 8               (No response.)

 9               ACTING PRESIDENT GRIFFO:   Ellen 

10  Evans Alexander has been confirmed as a member 

11  of the New York State Board of Parole.  

12               Congratulations.

13               (Applause.)

14               ACTING PRESIDENT GRIFFO:   The 

15  Secretary will read.

16               THE SECRETARY:   As a member of 

17  the Board of Parole, James B. Ferguson, Jr., 

18  of New Rochelle.

19               ACTING PRESIDENT GRIFFO:    

20  Senator DeFrancisco.

21               SENATOR DeFRANCISCO:   I move the 

22  nomination and request that you recognize 

23  Senator Nozzolio, the chairman of Crime 

24  Victims, Crime and Corrections, to second the 

25  nomination.

                                                               4779

 1               ACTING PRESIDENT GRIFFO:    

 2  Senator Nozzolio.

 3               SENATOR NOZZOLIO:   Thank you, 

 4  Mr. President.  

 5               This is the second time that this 

 6  body has had the opportunity to confirm the 

 7  nomination of James B. Ferguson, of New 

 8  Rochelle, to serve in the capacity of a parole 

 9  commissioner.  

10               That as a member of the Parole 

11  Board, Jim Ferguson has been outstanding in 

12  his involvement, his dedication.  That should 

13  be no surprise.  It was not a surprise to me 

14  that his background as a former prosecutor, 

15  involved with district attorney experience, I 

16  believe serves him extremely well as he 

17  continues to be a member of this board.

18               The Governor should be 

19  complimented on his nomination.  I know he was 

20  supported by Senator Stewart-Cousins as a 

21  member of her district.  

22               And I very much believe, 

23  Mr. President, that this reappointment of 

24  Mr. Ferguson will enhance and continue to 

25  complete the important quality necessary for 

                                                               4780

 1  service on the Board of Parole.

 2               Thank you, Mr. President.

 3               ACTING PRESIDENT GRIFFO:    

 4  Senator Klein.

 5               SENATOR KLEIN:   Mr. President, 

 6  it's my pleasure to second the nomination of 

 7  James Ferguson.  

 8               I know now I believe he lives in 

 9  New Rochelle, but at one time Mr. Ferguson 

10  lived in Pelham Manor, in my district.  

11               And he's someone who has spent 

12  his entire career in law enforcement, first as 

13  an assistant district attorney in Bronx 

14  County.  He's presently the longest-serving 

15  commissioner on the board and has trained 

16  nearly every other Parole Board member.  

17               He's someone who I think is very 

18  suited for reappointment, and he's really 

19  spent his entire career to ensure the public 

20  safety and successful reentry of parolees.  So 

21  I'm proud to second his nomination today.

22               ACTING PRESIDENT GRIFFO:    

23  Senator Rivera.

24               SENATOR RIVERA:   Thank you, 

25  Mr. President.  I rise to also second the 

                                                               4781

 1  nomination of Commissioner Ferguson.  

 2               He is another person that I've 

 3  spoken to quite a bit in the last year while 

 4  learning about the process of the Parole 

 5  Board.  

 6               As a matter of fact, a couple of 

 7  months ago I got to sit in a Parole Board 

 8  hearing, and he was one of the commissioners 

 9  there.  And again, I got to see firsthand just 

10  the difficult job that Parole Board members 

11  have.

12               And the conversations that I've 

13  had with Commissioner Ferguson lead me to know 

14  that he also takes his job incredibly 

15  seriously.  That he understands that it is a 

16  difficult moment that the folks that are in 

17  front of them are going through, and that they 

18  have to take everything into account as they 

19  consider whether these folks are ready to 

20  become productive members of society again.

21               So I am very happy to know that 

22  there's members of the Parole Board that have 

23  not only the knowledge, throughout their 

24  experience for this job, but have the 

25  seriousness, they understand what it is they 

                                                               4782

 1  have to do, they take their job very 

 2  seriously.  I absolutely appreciate the fact 

 3  that they understand how hard and difficult 

 4  this job is.

 5               So I stand to also second the 

 6  nomination and to say that I enthusiastically 

 7  vote in the affirmative.

 8               Thank you, Mr. President.

 9               ACTING PRESIDENT GRIFFO:   Thank 

10  you, Senator Rivera.

11               The question is on the 

12  reappointment of James B. Ferguson, Jr., of 

13  New Rochelle, as a member of the New York 

14  State Board of Parole.  All in favor signify 

15  by saying aye.

16               (Response of "Aye.")

17               ACTING PRESIDENT GRIFFO:    

18  Opposed?  

19               (No response.)

20               ACTING PRESIDENT GRIFFO:   James 

21  B. Ferguson, Jr.,  has been reappointed and 

22  confirmed as a member of the New York State 

23  Board of Parole.  

24               Congratulations, Mr. Ferguson.

25               (Applause.)

                                                               4783

 1               ACTING PRESIDENT GRIFFO:   The 

 2  Secretary will read.

 3               THE SECRETARY:   As a member or 

 4  the New York State Board of Parole, Edward M. 

 5  Sharkey, of Olean.

 6               ACTING PRESIDENT GRIFFO:    

 7  Senator DeFrancisco.

 8               SENATOR DeFRANCISCO:   Yes, I 

 9  move the nomination.  

10               And in doing so, I am amazed by 

11  the nominee's resume.  He's a lawyer, he went 

12  to law school, obviously.  I'm a lawyer; I 

13  went to law school.  He did personal injury 

14  work; I did personal injury work.  Which is a 

15  special type of practice to get into, because 

16  you're helping the underrepresented person, 

17  the person who's fighting everyone all the 

18  time to try to get justice.

19               He was an assistant DA for Erie 

20  County.  I was an assistant DA for Onondaga 

21  County.  He was a captain in the U.S. Air 

22  Force.  I was a captain in the U.S. Air 

23  Force.  

24               And the reason I'm raising all of 

25  that is that it's obvious he's a sure thing, 

                                                               4784

 1  and we should be all supporting his 

 2  nomination.  

 3               With that said, would you please 

 4  recognize Senator Young to second the 

 5  nomination.

 6               ACTING PRESIDENT GRIFFO:    

 7  Senator Young.

 8               SENATOR YOUNG:   Thank you, 

 9  Mr. President.

10               I proudly rise to second the 

11  nomination of Edward M. Sharkey of Olean, 

12  New York, for the New York State Parole Board.

13               Now, I just listened to Senator 

14  DeFrancisco speak about Ed, and you almost 

15  made me vote against him because of the 

16  similarities between the two of you.

17               (Laughter.)

18               SENATOR YOUNG:   But actually I 

19  want to say that I've known Mr. Sharkey for at 

20  least 20 years now.  I first got to know him 

21  as a member of the Olean Rotary Club.  And 

22  he's a past president, a Paul Harris Fellow.  

23               But he has such a distinguished 

24  background.  And really what is impressive is 

25  that he has a thorough knowledge of the 

                                                               4785

 1  justice system, not only as an assistant 

 2  district attorney for Erie County, as Senator 

 3  DeFrancisco pointed out, but he served as the 

 4  Cattaraugus County District Attorney for many 

 5  years.  Great public service to the people of 

 6  Cattaraugus County but the entire State of 

 7  New York.

 8               So as Senator DeFrancisco also 

 9  pointed out, he's a veteran.  He was a master 

10  pilot in the U.S. Air Force, a captain.  But I 

11  know him mostly through his community 

12  service -- so not only the Olean Rotary Club, 

13  but also very active with the Boy Scouts of 

14  America, very active with Olean General 

15  Hospital, was the founding member of the Child 

16  Advocacy Center in Cattaraugus and Allegany 

17  Counties.  

18               So you can't get a better resume 

19  than this.  And I'm just so pleased that he is 

20  being appointed by Governor Cuomo.  Governor 

21  Cuomo deserves accolades for having such an 

22  obvious but great choice.

23               So, Ed, congratulations, and I 

24  look forward to voting yes.

25               ACTING PRESIDENT GRIFFO:    

                                                               4786

 1  Senator Nozzolio.

 2               SENATOR NOZZOLIO:   Thank you, 

 3  Mr. President.

 4               I echo the sentiments of Senator 

 5  Young in complimenting Governor Cuomo on 

 6  reaching into the prosecutorial community for 

 7  the important appointment as a member of the 

 8  Board of Parole.

 9               Mr. Sharkey's qualifications are 

10  exemplary, and he sailed through the 

11  nomination process in the Crime and 

12  Corrections Committee.  I'm not sure Senator 

13  DeFrancisco would be reported through the 

14  Crime and Corrections Committee with such ease 

15  as Mr. Sharkey has been.

16               (Laughter.)

17               SENATOR NOZZOLIO:   But 

18  nonetheless, we're very impressed with those 

19  qualifications and appreciate his continued 

20  record of service.

21               Mr. President, it's an 

22  outstanding nomination, and I'm proud to 

23  support it.

24               ACTING PRESIDENT GRIFFO:   The 

25  question is on the appointment of Edward M. 

                                                               4787

 1  Sharkey, of Olean, as a member of the New York 

 2  State Board of Parole.  All in favor signify 

 3  by saying aye.

 4               (Response of "Aye.")

 5               ACTING PRESIDENT GRIFFO:    

 6  Opposed?  

 7               (No response.)

 8               ACTING PRESIDENT GRIFFO:   Edward 

 9  M. Sharkey, of Olean, is confirmed as a member 

10  of the New York State Board of Parole.

11               Congratulations, Mr. Sharkey.

12               (Applause.)

13               ACTING PRESIDENT GRIFFO:    

14  Joining Mr. Sharkey today is his wife, 

15  Elizabeth.  We welcome you to the gallery.

16               The Secretary will read.

17               THE SECRETARY:   As member or the 

18  New York State Board of Parole, Marc A. 

19  Coppola, of Tonawanda.

20               ACTING PRESIDENT GRIFFO:    

21  Senator DeFrancisco.

22               SENATOR DeFRANCISCO:   I move the 

23  nomination of former State Senator Marc A. 

24  Coppola as a member of the New York State 

25  Board of Parole.  

                                                               4788

 1               And I see -- well, let me speak 

 2  about him a little bit.  Senator Nozzolio -- 

 3  oh, here he is.  I request that you recognize 

 4  Senator Nozzolio.

 5               ACTING PRESIDENT GRIFFO:   

 6  Senator Nozzolio.

 7               SENATOR NOZZOLIO:   Thank you, 

 8  Mr. President, again.  Thank you, Senator 

 9  DeFrancisco.  And thank you, Senator 

10  DeFrancisco, for taking up these nominations 

11  as quickly as you did as chair of the Finance 

12  Committee.

13               The nominee, Marc Coppola, had 

14  served in this body.  It's not often that a 

15  former Senator is confirmed by this body for a 

16  gubernatorial appointment.  

17               And I certainly know that this 

18  appointment in particular was enhanced by, 

19  after he left the Senate, Marc Coppola worked 

20  for the Division of Parole.  That is an 

21  outstanding qualification as he is now being 

22  nominated for the very important role as 

23  commissioner.

24               It's important to know, and from 

25  a staff perspective, the kinds of nuances, the 

                                                               4789

 1  issues that are involved and the whole 

 2  logistical questions that parole commissioners 

 3  must contend with that Marc Coppola, former 

 4  colleague Marc Coppola brings to this 

 5  appointment.  

 6               That he served, in one of his 

 7  jobs early on, as a deputy sheriff in 

 8  Erie County and worked under the tutelage of 

 9  Senator Pat Gallivan when Senator Gallivan was 

10  Erie County sheriff.  That he also had the 

11  endorsement, in a very classy way, by 

12  Senator Ranzenhofer.  

13               So that is something that the 

14  committee noted, and that the appointment is 

15  well received.  And we believe the Governor 

16  again presents a great addition to the Board 

17  of Parole.

18               Mr. President, I'm proud to move 

19  the nomination.

20               ACTING PRESIDENT GRIFFO:    

21  Senator Grisanti.

22               SENATOR GRISANTI:   Yes, thank 

23  you, Mr. President.

24               I've had the opportunity of 

25  knowing Mark for over 20 years.  In fact, he's 

                                                               4790

 1  actually known my wife probably longer than I 

 2  have, because he used to go over to her house 

 3  all the time and eat.  

 4               And since that time of seeing him 

 5  grow up, you know, being in public service, 

 6  being a member not only of the Common Council 

 7  for the City of Buffalo and serving the City 

 8  of Buffalo well, but also as the majority 

 9  leader of the Common Council, moving on from 

10  there in an upward fashion, and really just 

11  being an individual that you could trust, 

12  somebody that gets the job done.  

13               And he took that tenacity and 

14  hard work to work for Parole and has done an 

15  excellent job for these past number of years.  

16  He's here with his wife, Denise, who probably 

17  puts up with a lot from Marc.  

18               And, Marc, your texting skills 

19  are amazing, you just don't stop.  That's 

20  where the tenacity and everything comes from, 

21  and he gets the job done.

22               So I'm proud for this 

23  confirmation to go forward.  I think the 

24  Governor has made an excellent choice.  

25               And congratulations, Marc.  

                                                               4791

 1  Congratulations, Denise.  And thank you, 

 2  Mr. President.

 3               ACTING PRESIDENT GRIFFO:    

 4  Senator Ranzenhofer.

 5               SENATOR RANZENHOFER:   Thank you, 

 6  Mr. President.  

 7               I'd also like to join in my 

 8  comments as indicated by Senator Grisanti.  

 9               Mr. Coppola has a lot of 

10  experience, and it's good to see somebody from 

11  the staff who has a different perspective, 

12  kind of from the ground up, now being promoted 

13  and being placed on the Parole Board.  

14               I commend the Governor for his 

15  nomination and recommendation, and am pleased 

16  and proud to second the nomination of 

17  Mr. Coppola.

18               ACTING PRESIDENT GRIFFO:    

19  Senator Kennedy.

20               SENATOR KENNEDY:   Thank you, 

21  Mr. President.

22               I too am very proud to stand and 

23  second the nomination of Mr. Marc Coppola.  He 

24  is a good man, he's a family man, a community 

25  man.  Someone said earlier once a Senator, 

                                                               4792

 1  always a Senator.

 2               As a member of this honorable 

 3  body in the past, he's demonstrated 

 4  leadership.  As a member of the Buffalo Common 

 5  Council, he demonstrated leadership in both 

 6  his capacity as a district councilman as well 

 7  as in a majority leader position on the 

 8  Buffalo Common Council.  

 9               He brings that leadership and 

10  community-minded mentality, as well as his 

11  family-minded mentality, to the very judicial 

12  position of become a member of the State 

13  Parole Board.  And his resume is 

14  extraordinarily impressive, as was pointed out 

15  earlier by Senator DeFrancisco, as are all the 

16  others'.

17               And what I really like to see 

18  that is most impressive to me about all of 

19  these resumes, sparing two, is that they were 

20  all educated in Buffalo, New York.

21               So we're putting forward a great 

22  group of individuals that I have had the 

23  tremendous opportunity to meet with both 

24  privately and publicly, and I'm proud to 

25  second the nomination of Marc Coppola.  Again, 

                                                               4793

 1  look forward to his confirmation, as well as 

 2  being supportive of all the others.  

 3               And we wish them the best of luck 

 4  in both their new positions and current 

 5  positions as they move forward with new 

 6  appointments and reappointments, and 

 7  understand that we all need to work together 

 8  to make sure that the system, as they are on 

 9  the front lines of it, is better to protect 

10  the public safety as well as take into 

11  consideration those that are reentering 

12  society.

13               Thank you very much, 

14  Mr. President.

15               ACTING PRESIDENT GRIFFO:   The 

16  question is on the appointment of 

17  Marc Coppola, of Tonawanda, as a member of the 

18  New York State Board of Parole.  All in favor 

19  signify by saying aye.

20               (Response of "Aye.")

21               ACTING PRESIDENT GRIFFO:  

22  Opposed?  

23               (No response.)

24               ACTING PRESIDENT GRIFFO:   Marc 

25  A. Coppola, of Tonawanda, is hereby confirmed 

                                                               4794

 1  as a member of the New York State Board of 

 2  Parole.

 3               Congratulations, Marc.

 4               (Applause.)

 5               ACTING PRESIDENT GRIFFO:    

 6  Joining Marc in the chambers today is his 

 7  wife, Denise.  We welcome you, Denise.  

 8               And we again congratulate all the 

 9  members of the New York State Board of Parole 

10  and extend our best wishes.

11               The Secretary will continue to 

12  read.

13               THE SECRETARY:   As members of 

14  the Buffalo and Fort Erie Public Bridge 

15  Authority:  Philip J. Tantillo, of Elma, and 

16  Patrick J. Whalen, of Amherst.

17               ACTING PRESIDENT GRIFFO:   

18  Senator DeFrancisco.  

19               SENATOR DeFRANCISCO:   I move the 

20  nominations.

21               ACTING PRESIDENT GRIFFO:   The 

22  question is on the nominations to the Buffalo 

23  and Fort Erie Public Bridge Authority, for 

24  reappointment and new appointment, of Philip 

25  J. Tantillo and Patrick J. Whalen.  All in 

                                                               4795

 1  favor signify by saying aye.

 2               (Response of "Aye.")

 3               ACTING PRESIDENT GRIFFO:    

 4  Opposed?  

 5               (No response.)

 6               ACTING PRESIDENT GRIFFO:   The 

 7  nominees are hereby confirmed.

 8               The Secretary will read.

 9               THE SECRETARY:   As a member of 

10  the New York State Dormitory Authority, Tim C. 

11  Loftis, of East Aurora.

12               ACTING PRESIDENT GRIFFO:   

13  Senator DeFrancisco.  

14               SENATOR DeFRANCISCO:   Move the 

15  nomination.

16               ACTING PRESIDENT GRIFFO:   The 

17  question is on the nomination of Tim C. 

18  Loftis, of East Aurora, as a member of the 

19  New York State Dormitory Authority.  All in 

20  favor signify by saying aye.

21               (Response of "Aye.")

22               ACTING PRESIDENT GRIFFO:   

23  Opposed?  

24               (No response.)

25               ACTING PRESIDENT GRIFFO:    

                                                               4796

 1  Mr. Loftis is hereby confirmed as a member of 

 2  the New York State Dormitory Authority.

 3               The Secretary will read.

 4               THE SECRETARY:   As a member of 

 5  the Battery Park City Authority, Dennis 

 6  Mehiel, of New York City.

 7               ACTING PRESIDENT GRIFFO:   

 8  Senator DeFrancisco.  

 9               SENATOR DeFRANCISCO:   Move the 

10  nomination.

11               ACTING PRESIDENT GRIFFO:   The 

12  question is on the nomination of Dennis 

13  Mehiel, of New York City, as a member of the 

14  Battery Park City Authority.  All in favor 

15  signify by saying aye.  

16               (Response of "Aye.")

17               ACTING PRESIDENT GRIFFO:    

18  Opposed?  

19               (No response.)

20               ACTING PRESIDENT GRIFFO:   Dennis 

21  Mehiel is hereby confirmed as a member of the 

22  Battery Park City Authority.

23               The Secretary will read.

24               THE SECRETARY:   As a director of 

25  the New York State Urban Development 

                                                               4797

 1  Corporation, Robert R. Dyson, of Millbrook.

 2               ACTING PRESIDENT GRIFFO:   

 3  Senator DeFrancisco.  

 4               SENATOR DeFRANCISCO:   Move the 

 5  nomination.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  question is on the reappointment of Robert R. 

 8  Dyson, of Millbrook, as a director of the 

 9  New York State Urban Development Corporation.  

10  All in favor signify by saying aye.

11               (Response of "Aye.")

12               ACTING PRESIDENT GRIFFO:    

13  Opposed?

14               (No response.)

15               ACTING PRESIDENT GRIFFO:   Robert 

16  R. Dyson is hereby confirmed as a director of 

17  the New York State Urban Development 

18  Corporation.  

19               The Secretary will read.

20               THE SECRETARY:   As a member of 

21  the Long Island State Park, Recreation and 

22  Historic Preservation Commission, George M. 

23  Bartunek, of Calverton.

24               ACTING PRESIDENT GRIFFO:   

25  Senator DeFrancisco.  

                                                               4798

 1               SENATOR DeFRANCISCO:   Move the 

 2  nomination.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  question is on the nomination of George M. 

 5  Bartunek as a member of the Long Island State 

 6  Park, Recreation and Historic Preservation 

 7  Commission.  All in favor say aye.

 8               (Response of "Aye.")

 9               ACTING PRESIDENT GRIFFO:    

10  Opposed?  

11               (No response.)

12               ACTING PRESIDENT GRIFFO:    

13  Mr. Bartunek is confirmed as a member of the 

14  Long Island State Park, Recreation and 

15  Historic Preservation Commission.

16               The Secretary will read.

17               THE SECRETARY:   As member and 

18  chair of the Allegany State Park, Recreation 

19  and Historic Preservation Commission, Dalton 

20  J. Burgett, of Bemus Point.

21               ACTING PRESIDENT GRIFFO:   

22  Senator DeFrancisco.

23               SENATOR DEFRANCISCO:   Move the 

24  nomination.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4799

 1  question is on the nomination of Dalton J. 

 2  Burgett as a member and chair of the Allegany 

 3  State Park, Recreation and Historic 

 4  Preservation Commission.  All in favor say 

 5  aye.

 6               (Response of "Aye.")

 7               ACTING PRESIDENT GRIFFO:    

 8  Opposed?

 9               (No response.)

10               ACTING PRESIDENT GRIFFO:   

11  Mr. Burgett is hereby confirmed as a member 

12  and chair of the Allegany State Park, 

13  Recreation and Historic Preservation 

14  Commission.

15               The Secretary will read.

16               THE SECRETARY:   As members of 

17  the Taconic State Park, Recreation and 

18  Historic Preservation Commission:  Randall J. 

19  Fleischer, of Mahopac; Arthur L. Gellert, of 

20  Poughkeepsie; and Edgar M. Masters, of 

21  Copake Falls.

22               ACTING PRESIDENT GRIFFO:   

23  Senator DeFrancisco.  

24               SENATOR DeFRANCISCO:   Move the 

25  nominations.

                                                               4800

 1               ACTING PRESIDENT GRIFFO:   The 

 2  question is on the nominations as presented by 

 3  the Secretary as members of the Taconic Park, 

 4  Recreation and Historic Preservation 

 5  Commission.  All in favor signify by saying 

 6  aye.

 7               (Response of "Aye.")

 8               ACTING PRESIDENT GRIFFO:    

 9  Opposed?  

10               (No response.)

11               ACTING PRESIDENT GRIFFO:   The 

12  nominees, as read, are hereby confirmed as 

13  members of the Taconic Park, Recreation and 

14  Historic Preservation Commission.

15               The Secretary will read.

16               THE SECRETARY:   As members of 

17  the New York State Olympic Regional 

18  Development Authority:  Joseph F. Kelly, of 

19  Fleischmanns, and John R. Parete, of 

20  Boiceville.

21               ACTING PRESIDENT GRIFFO:   

22  Senator DeFrancisco.  

23               SENATOR DeFRANCISCO:   I move the 

24  nominations and request that you call on 

25  Senator Bonacic to second.

                                                               4801

 1               ACTING PRESIDENT GRIFFO:    

 2  Senator Bonacic.

 3               SENATOR BONACIC:   Thank you, 

 4  Mr. President.

 5               I'm pleased to support the 

 6  nomination of Joe Kelly and John Parete to 

 7  ORDA.

 8               Let me tell you a little bit 

 9  about John Parete.  First of all, he's a 

10  county legislator.  He's a former commissioner 

11  of elections.  He's here with his son Robert, 

12  who is a county legislator.  And I don't know 

13  if we're making history:  Richard, his other 

14  son, is a county legislator in the Ulster 

15  County Legislature.  

16               And we're joined by Terry 

17  Bernardo, who's chairlady of the Ulster County 

18  Legislature.

19               John is a small-businessman.  He 

20  has the Boiceville Inn on County Route 28.  I 

21  many times have visited Belleayre and have 

22  stopped at his establishment.  And I would ask 

23  him -- and not while I was drinking, I would 

24  ask him about the pulse of Belleayre and how 

25  you're doing, how are the businesspeople 

                                                               4802

 1  doing, and get a feeling for how the mountain 

 2  was doing.  He was always a protector of the 

 3  mountain, and he's always been a strong 

 4  supporter.  

 5               I'm very pleased to support this 

 6  nomination.  He will bring a lot of passion to 

 7  the job.  He supports tourism, he supports job 

 8  creation, and he'll certainly fight to protect 

 9  Belleayre.  

10               Thank you, Mr. President.

11               ACTING PRESIDENT GRIFFO:    

12  Senator Seward.

13               SENATOR SEWARD:   Thank you, 

14  Mr. President.  

15               I want to join Senator Bonacic in 

16  rising in support of both John Parete and 

17  Joe Kelly to become members of the Olympic 

18  Regional Development Authority board.  

19               And in so doing, I want to 

20  congratulate Senator Bonacic on his leadership 

21  role that he took during the budget process to 

22  have the functions of Belleayre transferred 

23  from DEC over to ORDA, which I think will mean 

24  some good things -- even better things for 

25  Belleayre Mountain, and even more of an 

                                                               4803

 1  economic impact in the Ulster/Delaware County 

 2  region and that whole area of New York State, 

 3  and Belleayre emerging as even more of a 

 4  year-round tourism and recreational facility, 

 5  which will mean good things for all concerned.

 6               But John Parete, who's joining us 

 7  here today in the gallery, along with his 

 8  son -- and also, of course, Terry Bernardo, 

 9  who chairs the Ulster County Legislature.  And 

10  the Ulster County Legislature unanimously 

11  recommended John Parete to assume this new 

12  responsibility.  

13               It was a great choice.  John is a 

14  business owner, he's a public servant, 

15  currently serving as a county legislator, and 

16  a long-time supporter of Belleayre.  He's an 

17  outstanding choice to go on the ORDA board 

18  representing Ulster County, and I know that 

19  will mean good things for the entire region.

20               And Joe Kelly, of course, who 

21  splits his time between having a home in 

22  Rockville Centre in Senator Skelos's district, 

23  as well as up in Fleischmanns in Delaware 

24  County, also brings a wide breadth of 

25  experience in supporting Belleayre over the 

                                                               4804

 1  years, and he will also make a great 

 2  contribution to the ORDA board.

 3               We have a great team here that we 

 4  are confirming today, and it's going to mean a 

 5  real boost for Belleayre and the entire 

 6  region, the Delaware/Ulster County region of 

 7  New York State.

 8               I'm delighted, and 

 9  congratulations to you, John.

10               ACTING PRESIDENT GRIFFO:    

11  Senator Little.  

12               SENATOR LITTLE:   Thank you, 

13  Mr. President.

14               As chair of the Tourism, Arts and 

15  Culture, and Sports Development Committee, and 

16  also the one who represents the Olympic 

17  Regional Development area and the authority, 

18  I'd like to welcome John Parete here today, 

19  and to the ORDA board, as well as Mr. Joe 

20  Kelly.  

21               I talked with both of them 

22  yesterday and have assured them that Belleayre 

23  will benefit by being part of ORDA.  The 

24  Olympic Regional Development Authority 

25  operates several venues, including one of the 

                                                               4805

 1  best ski areas in the Northeast, Whiteface 

 2  Mountain and Gore Mountain in Warren County.  

 3  And adding Belleayre to ORDA is certainly 

 4  going to be a great change in the direction of 

 5  Belleayre and I'm sure will be a successful 

 6  venture.

 7               So thank you, and welcome to the 

 8  board.  We look forward to working with you.

 9               ACTING PRESIDENT GRIFFO:    

10  Senator Larkin.

11               SENATOR LARKIN:   Thank you very 

12  much, Mr. President.

13               You know, John, when they said 

14  you were going to come on this great 

15  adventure, somebody said to me, "Well, he'll 

16  enjoy it."  I said, "No, they'll enjoy it, 

17  because he'll be on them like you know what."

18               (Laughter.)

19               SENATOR LARKIN:   And it really 

20  impresses me to the fact that when any job 

21  you've had and you've taken on, no matter what 

22  it was, you did to it to the best of your 

23  ability and ensured that others carried out 

24  their responsibilities.

25               And I think for an operation like 

                                                               4806

 1  this, it takes people who are not just happy 

 2  to have a title and be nominated by a 

 3  governor, but it takes people who have 

 4  committed themselves to doing a specific job.  

 5               This is a great thing for the 

 6  State of New York.  But without people that 

 7  are totally committed -- and knowing you as I 

 8  have over these many years, I'm just saying I 

 9  thank you for accepting this challenge.

10               God bless you.

11               ACTING PRESIDENT GRIFFO:    

12  Senator DeFrancisco.

13               SENATOR DeFRANCISCO:    

14  Mr. Parete is not only a great nominee, he has 

15  helped me substantially by being nominated by 

16  the Governor.

17               I've been in political life for 

18  35 years.  I've been elected since school 

19  board all the way on for 20 years in the 

20  Senate.  That's 35 years.  And people have 

21  always asked me, "Why do you do it?  People 

22  are always going after you for something.  The 

23  paper never finds anything right that you do."

24               And then my son became a city 

25  councilor, and I thought I had the answer.  

                                                               4807

 1  Now I'm sure:  It's a genetic defect --

 2               (Laughter.)

 3               SENATOR DeFRANCISCO:   -- that 

 4  you pass it from one generation to another.  

 5               And, Mr. Parete, thank you for 

 6  confirming my thesis and making certain that 

 7  my reasoning has been correct.

 8               For the record, I'm only 

 9  kidding.  I'm only kidding.

10               (Laughter.)

11               SENATOR DeFRANCISCO:   Thank you.

12               ACTING PRESIDENT GRIFFO:   The 

13  question is on the appointments of Mr. Kelly 

14  and Mr. Parete as members of the New York 

15  State Olympic Regional Development Authority.  

16  All in favor signify by saying aye.

17               (Response of "Aye.")

18               ACTING PRESIDENT GRIFFO:    

19  Opposed?  

20               (No response.)

21               ACTING PRESIDENT GRIFFO:    

22  Mr. Kelly and Mr. Parete are hereby confirmed 

23  as members of the New York State Olympic 

24  Regional Development Authority.  

25               Congratulations, Mr. Parete, and 

                                                               4808

 1  welcome.

 2               (Applause.)

 3               ACTING PRESIDENT GRIFFO:   The 

 4  Secretary will read.

 5               THE SECRETARY:   As members of 

 6  the Rochester-Genesee Regional Transportation 

 7  Authority:  Robert J. Fischer, of Pittsford; 

 8  James H. Redmond, of Rochester; Scott M. 

 9  Adair, of West Henrietta; and Stephen J. Carl, 

10  of Rochester.

11               ACTING PRESIDENT GRIFFO:   

12  Senator DeFrancisco.  

13               SENATOR DeFRANCISCO:   Move the 

14  nominations.  

15               ACTING PRESIDENT GRIFFO:   The 

16  question is on the nominations of the 

17  individuals as read by the Secretary as 

18  members of the Rochester-Genesee Regional 

19  Transportation Authority.  All in favor 

20  signify by saying aye.

21               (Response of "Aye.")

22               ACTING PRESIDENT GRIFFO:    

23  Opposed?  

24               (No response.)

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4809

 1  nominees are hereby confirmed.

 2               The Secretary will read.

 3               THE SECRETARY:   As a member of 

 4  the Central New York Regional Transportation 

 5  Authority, Darlene DeRosa Lattimore, of 

 6  Auburn.

 7               ACTING PRESIDENT GRIFFO:   

 8  Senator DeFrancisco.  

 9               SENATOR DeFRANCISCO:   Move the 

10  nomination.

11               ACTING PRESIDENT GRIFFO:   The 

12  question is on the appointment, as a member of 

13  the Central New York Regional Transportation 

14  Authority, of Darlene DeRosa Lattimore.  All 

15  in favor signify by saying aye.

16               (Response of "Aye.")

17               ACTING PRESIDENT GRIFFO:    

18  Opposed?

19               (No response.)

20               ACTING PRESIDENT GRIFFO:   The 

21  nominee is hereby confirmed as a member of the 

22  Central New York Transportation Authority.

23               The Secretary will read.

24               THE SECRETARY:   As a member of 

25  the Port of Oswego Authority, Michael J. 

                                                               4810

 1  Carroll, of Oswego.

 2               ACTING PRESIDENT GRIFFO:   

 3  Senator DeFrancisco.  

 4               SENATOR DeFRANCISCO:   Move the 

 5  nomination.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  question is on the appointment of Michael J. 

 8  Carroll, of Oswego, as a member of the Port of 

 9  Oswego Authority.  All in favor signify by 

10  saying aye.

11               (Response of "Aye.")

12               ACTING PRESIDENT GRIFFO:   

13  Opposed?  

14               (No response.)

15               ACTING PRESIDENT GRIFFO:    

16  Mr. Carroll has been confirmed as a member of 

17  the Port of Oswego Authority.

18               The Secretary will read.

19               THE SECRETARY:   As a member of 

20  the Metropolitan Transportation Authority, 

21  Governor David A. Paterson, of New York.

22               ACTING PRESIDENT GRIFFO:    

23  Senator DeFrancisco.

24               SENATOR DeFRANCISCO:   I'd like 

25  to move the nomination and just comment that 

                                                               4811

 1  this is probably the first time in the history 

 2  of the State of New York that an appointee for 

 3  the Metropolitan Transportation Authority was 

 4  a talk-show host.  

 5               And I proudly move the 

 6  nomination.

 7               ACTING PRESIDENT GRIFFO:    

 8  Senator Fuschillo.

 9               SENATOR FUSCHILLO:   Thank you 

10  very much, Mr. President.  

11               I rise to second the nomination 

12  and support the nomination of Governor David 

13  Paterson.  

14               At the age of three months, David 

15  Paterson contracted an ear infection which 

16  spread to his optic nerve, which left him 

17  blind in his left eye and partially in his 

18  right eye.  But that disability did not stop 

19  him.  He went on to public school, graduated 

20  from high school, then graduated getting a 

21  B.A. in history from Columbia University and a 

22  law degree from Hofstra University.  

23               In a special election in 1985, he 

24  was elected in October to the New York State 

25  Senate, spent 20 years here, then went on to 

                                                               4812

 1  become Lieutenant Governor and then, on 

 2  March 17th of 2008, became the 55th Governor 

 3  of the State of New York.

 4               This is probably the first time 

 5  that we've ever had the opportunity to support 

 6  the nomination of a former governor to any 

 7  board or agency here in the State of 

 8  New York.  

 9               I proudly support the nomination, 

10  and I thank Governor Cuomo for sending it to 

11  the Senate.

12               ACTING PRESIDENT GRIFFO:    

13  Senator Farley.

14               SENATOR FARLEY:   Yeah, I rise to 

15  support this nomination.  

16               You know, Governor Paterson was 

17  one of the most remarkable men I ever knew, 

18  what he's accomplished and what he's done, 

19  particularly with his challenges.  

20               And you know, we all have to be 

21  grateful for his service.  He served the State 

22  of New York at a very, very difficult time.  

23  He did the very best he could.  He was a 

24  leader here for a lot of years.  And you know 

25  what, he was always a gentleman and always a 

                                                               4813

 1  person of integrity and honor.  

 2               And I'm pleased to support this, 

 3  and I wish David Paterson well.  And again, I 

 4  think we have to thank him for all the service 

 5  that he's given this state.

 6               ACTING PRESIDENT GRIFFO:   

 7  Senator Perkins.  

 8               SENATOR PERKINS:   Thank you very 

 9  much.  

10               I just wanted to congratulate 

11  Governor Paterson, who used to be 

12  Senator Paterson, on his nomination.  

13               I'm confident of his value to the 

14  MTA.  He begins as a subway rider, so he 

15  has a natural feel for what the challenges are 

16  from the perspective -- it perhaps is the most 

17  important perspective, which is that of the 

18  customer, of the community, daily rider.  

19               And I'm confident that he will 

20  join me as I help to eradicate the rat problem 

21  in the MTA, because he will know, from being a 

22  rider, exactly how important that concern can 

23  be.  I just hope that he doesn't suffer what 

24  others have suffered in terms of one running 

25  up his leg.

                                                               4814

 1               In any case, as a friend, as a 

 2  neighbor, and someone who has the privilege of 

 3  sitting in the seat that he formerly held, I'm 

 4  honored to be here to congratulate him and to 

 5  support his nomination.

 6               ACTING PRESIDENT GRIFFO:   Thank 

 7  you, Senator Perkins.

 8               Senator Krueger.

 9               SENATOR KRUEGER:   Thank you so 

10  much.  

11               I also rise to second or third or 

12  fifth or seventh, compliment the Governor on 

13  his decision to make Governor/Senator/talk- 

14  show host David Paterson a member of the MTA.  

15               Again, to repeat my colleague, he 

16  knows what it means to have good mass transit 

17  throughout the MTA region.  He knows how 

18  government works.  He knows about public 

19  authorities.  And I know he will have a great 

20  deal to contribute to the MTA, which continues 

21  to need all of our help to both keep, 

22  literally, the trains and buses running but to 

23  also hold them to a standard of accountability 

24  that we all expect of them.

25               Thank you, Mr. President.

                                                               4815

 1               ACTING PRESIDENT GRIFFO:   The 

 2  question is on the nomination of Governor 

 3  David A. Paterson, of New York, as a member of 

 4  the Metropolitan Transportation Authority.  

 5  All in favor signify by saying aye.

 6               (Response of "Aye.")

 7               ACTING PRESIDENT GRIFFO:    

 8  Opposed?  

 9               (No response.)

10               ACTING PRESIDENT GRIFFO:    

11  Governor David A. Paterson has been confirmed 

12  as a member of the MTA.

13               Senator DeFrancisco, that 

14  completes the nominations before the Senate.

15               SENATOR DeFRANCISCO:   Would you 

16  please recognize Senator Squadron for a 

17  statement.

18               ACTING PRESIDENT GRIFFO:    

19  Senator Squadron.

20               SENATOR SQUADRON:   Thank you, 

21  Mr. President.  Just on a prior nomination 

22  that was approved, for Dennis Mehiel as a 

23  member of the Battery Park City Authority.  

24               Battery Park City lies entirely 

25  within my district in Lower Manhattan.  It is 

                                                               4816

 1  an extraordinary story of success that 

 2  actually started here, in Albany, with the 

 3  creation of Battery Park City under 

 4  Governor Hugh Carey.  

 5               And it's been extraordinary, it's 

 6  been a big part of Lower Manhattan's rebirth 

 7  and renewal after the September 11th attacks.  

 8  It is now a community, a living, thriving, 

 9  successful community, no longer simply a 

10  development site or a development project.  

11               And I want to congratulate the 

12  Governor on his appointment of Mr. Mehiel.  

13  He's replacing the seat formerly held by 

14  former New York City Comptroller Bill 

15  Thompson, who served very well and was 

16  distinguished in his service to the 

17  authority.  

18               And I had the opportunity to 

19  speak to Mr. Mehiel today and to reiterate the 

20  importance of having community representation 

21  on the Battery Park City Authority now that it 

22  really is a community, and also the importance 

23  of ensuring that Battery Park City doesn't 

24  sort of allow itself to rest on its laurels.  

25               It has basically free and clear 

                                                               4817

 1  real estate in the heart of Manhattan, which 

 2  means the money rolls in.  We need for make 

 3  sure that the money doesn't then roll out 

 4  without purpose and without a real 

 5  responsiveness to community needs and a vision 

 6  for the future.  

 7               And I'm hopeful that working with 

 8  Mr. Mehiel we will have the opportunity to 

 9  continue Battery Park City's success and also 

10  to ensure that there is greater community 

11  representation and greater community voice for 

12  Battery Park City moving forward.  

13               So I congratulate the Governor on 

14  his appointment of Mr. Mehiel, who is expected 

15  to take up the chairmanship of the board, and 

16  look forward to working with him.  

17               And I thank Senator DeFrancisco 

18  and Senator Libous for the opportunity to 

19  speak on this already approved nomination on 

20  which I voted aye.

21               Thank you, Mr. President.

22               ACTING PRESIDENT GRIFFO:    

23  Senator Libous, that completes the nominations 

24  that were before the Senate.

25               Senator Libous.  

                                                               4818

 1               SENATOR LIBOUS:   Thank you, 

 2  Mr. President.  

 3               Could you please call on Senator 

 4  Carlucci for a statement.

 5               ACTING PRESIDENT GRIFFO:    

 6  Senator Carlucci.

 7               SENATOR CARLUCCI:   Thank you, 

 8  Mr. President.

 9               I want to thank my colleagues for 

10  supporting Lauren's Law, which is an extremely 

11  important piece of legislation.  

12               Right now in New York State we 

13  have over 10,000 men, women and children 

14  currently waiting for a lifesaving organ 

15  transplant.  Unfortunately, New York State 

16  lags far behind almost every other state when 

17  to comes to the amount of people enrolled in 

18  the organ donor program.  

19               By making this change that when 

20  people go to the Department of Motor Vehicles 

21  to get a driver's license, they'll be asked 

22  the question:  "Would you like to be an organ 

23  donor?" "Yes," or "Skip the question."

24               We're not recreating the wheel 

25  here in New York State.  This has been 

                                                               4819

 1  implemented in other states that have been 

 2  very successful at increasing the amount of 

 3  people enrolled in the organ donor program.  

 4  By passing this legislation, we're taking a 

 5  simple step that will have a dramatic change 

 6  on the quality of life of people in New York.  

 7               So I'm so honored that this body 

 8  has supported Lauren's Law.  It's passed in 

 9  the Assembly.  I look forward to the Governor 

10  signing this into law so that we can 

11  ultimately save lives here in New York.

12               Thank you, Mr. President.

13               ACTING PRESIDENT GRIFFO:   Thank 

14  you, Senator Carlucci.

15               Senator Libous.

16               SENATOR LIBOUS:   Mr. President, 

17  would you please call on Senator Ruth 

18  Hassell-Thompson.

19               ACTING PRESIDENT GRIFFO:    

20  Senator Ruth Hassell-Thompson.

21               SENATOR HASSELL-THOMPSON:   Thank 

22  you, Mr. President.

23               There will be an immediate 

24  meeting of the Democratic Conference in 

25  Room 315.

                                                               4820

 1               ACTING PRESIDENT GRIFFO:   There 

 2  will be an immediate meeting of the Democrat 

 3  Conference in Room 315.

 4               Senator Libous.

 5               SENATOR LIBOUS:   Mr. President, 

 6  there will be a Rules Committee promptly at 

 7  2:40 in Room 332.

 8               ACTING PRESIDENT GRIFFO:   There 

 9  will be a Rules Committee meeting promptly at 

10  2:40, promptly at 2:40 p.m. in Room 332.  

11               Until such time, the Senate 

12  stands at ease.

13               (Whereupon, the Senate stood at 

14  ease at 2:07 p.m.)

15               (Whereupon, the Senate reconvened 

16  at 3:25 p.m.)

17               SENATOR LIBOUS:   Mr. President.

18               ACTING PRESIDENT GRIFFO:   

19  Senator Libous.

20               SENATOR LIBOUS:   Thank you, 

21  Mr. President.  

22               Could we at this time please 

23  return to the reports of standing committees.  

24  There's a report of the Rules Committee at the 

25  desk.  Could we have it read at this time.

                                                               4821

 1               ACTING PRESIDENT GRIFFO:    

 2  Reports of standing committees.  

 3               The Secretary will read the 

 4  report of the Rules Committee.

 5               THE SECRETARY:   Senator Skelos, 

 6  from the Committee on Rules, reports the 

 7  following bills:  

 8               Senate Print 489, by Senator 

 9  Robach, an act to amend the Real Property Tax 

10  Law; 

11               1583A, by Senator Oppenheimer, an 

12  act to amend the Education Law; 

13               2554, by Senator Maziarz, an act 

14  to amend the General Business Law; 

15               4119, by Senator Lanza, an act to 

16  amend the Penal Law;

17               4357, by Senator Young, an act to 

18  amend the Education Law; 

19               5104, by Senator Ball, an act to 

20  amend the Penal Law; 

21               5693, by Senator Griffo, an act 

22  to amend the Vehicle and Traffic Law; 

23               6132A, by Senator Klein, an act 

24  to amend the Penal Law; 

25               6726, by Senator Larkin, an act 

                                                               4822

 1  to amend the Public Health Law;

 2               6967A, by Senator McDonald, an 

 3  act to amend the Highway Law;

 4               7032A, by Senator McDonald, an 

 5  act to amend the Highway Law; 

 6               7246, by Senator Flanagan, an act 

 7  to amend Chapter 658 of the Laws of 2002; 

 8               7252, by Senator Marcellino, an 

 9  act to amend the Alcoholic Beverage Control 

10  Law; 

11               7255C, by Senator McDonald, an 

12  act to authorize; 

13               7279A, by Senator Martins, an act 

14  to amend the Education Law; 

15               7427A, by Senator McDonald, an 

16  act in relation to authorizing;

17               7469, by Senator Bonacic, an act 

18  to amend Chapter 672 of the Laws of 1993; 

19               7498, by Senator Young, an act 

20  making certain findings; 

21               7534, by Senator Golden, an act 

22  to amend the Tax Law; 

23               7548, by Senator Saland, an act 

24  to amend the Domestic Relations Law; 

25               7561, by Senator McDonald, an act 

                                                               4823

 1  to amend the Insurance Law; 

 2               7629, by Senator Maziarz, an act 

 3  to amend the Public Officers Law; 

 4               7633, by Senator Bonacic, an act 

 5  to amend the Vehicle and Traffic Law; 

 6               7636, by Senator Alesi, an act to 

 7  amend the Public Health Law; 

 8               7657, by Senator Savino, an act 

 9  directing; 

10               7659, by Senator Little, an act 

11  to amend the Environmental Conservation Law; 

12               7695, by Senator Little, an act 

13  to amend Chapter 138 of the Laws of 1998; 

14               7698, by Senator LaValle, an act 

15  to amend the Education Law; 

16               7731, by Senator Bonacic, an act 

17  to amend the State Finance Law; 

18               7746, by Senator Golden, an act 

19  to amend the Insurance Law; 

20               7747, by Senator Robach, an act 

21  to amend the Civil Service Law;

22               And Senate 7749, by Senator 

23  McDonald, an act to amend the Executive Law.

24               All bills reported direct to 

25  third reading.

                                                               4824

 1               ACTING PRESIDENT GRIFFO:    

 2  Senator Libous.

 3               SENATOR LIBOUS:   Mr. President, 

 4  I move we accept the report of the Rules 

 5  Committee.

 6               ACTING PRESIDENT GRIFFO:   All in 

 7  favor of accepting the Committee on Rules 

 8  report signify by saying aye.

 9               (Response of "Aye.")

10               ACTING PRESIDENT GRIFFO:    

11  Opposed?  

12               (No response.)

13               ACTING PRESIDENT GRIFFO:   The 

14  Committee on Rules report is accepted.

15               Senator Libous.

16               SENATOR LIBOUS:   Mr. President, 

17  could we go back to the active list earlier 

18  today.

19               ACTING PRESIDENT GRIFFO:   We 

20  may.

21               SENATOR LIBOUS:   And without 

22  objection, I would like to go to Calendar 

23  Number 356 and move it to noncontroversial and 

24  then call the roll.

25               ACTING PRESIDENT GRIFFO:    

                                                               4825

 1  Without objection, so ordered.

 2               The Secretary will read.

 3               THE SECRETARY:   Calendar Number 

 4  356, by Senator Martins, Senate Print 1824A, 

 5  an act to amend the General Municipal Law.

 6               ACTING PRESIDENT GRIFFO:   Read 

 7  the last section.

 8               THE SECRETARY:   Section 21.  

 9  This act shall take effect immediately.

10               ACTING PRESIDENT GRIFFO:   Call 

11  the roll.

12               (The Secretary called the roll.)

13               ACTING PRESIDENT GRIFFO:    

14  Senator Krueger to explain her vote.

15               SENATOR KRUEGER:   Thank you, 

16  Mr. President.  

17               This bill would basically gut the 

18  consolidation bill that we passed several 

19  years ago in this house, believing that it was 

20  in the best interests of the State of New York 

21  to help to allow local municipalities, 

22  separate districts, overlapping, complicated 

23  districts, to have the ability to have a vote 

24  in their districts, to merge to consolidate, 

25  to save money.  

                                                               4826

 1               And I believe that the passage of 

 2  this bill, although I don't believe it will 

 3  become law, would actually translate into the 

 4  reversal or nearly gutting of that legislation 

 5  which, as I recall, was a very bipartisan, 

 6  both-sides-of-the-aisle bill when it did pass.

 7               So I'm going to urge people to 

 8  think through what this means for the efforts 

 9  the state has been making to ensure 

10  consolidation and cost-efficiencies, and I 

11  vote no.

12               Thank you.

13               ACTING PRESIDENT GRIFFO:    

14  Senator Krueger to be recorded in the 

15  negative.

16               Senator Martins to explain his 

17  vote.

18               SENATOR MARTINS:   Thank you, 

19  Mr. President.  

20               I think we have to go back and 

21  look at facts and perhaps sometimes cut 

22  through some sentiment, maybe some rhetoric.  

23               The truth is when this bill was 

24  passed in 2009, the original law, the 

25  Government Reorganization and Citizen 

                                                               4827

 1  Empowerment Act, there were a number of 

 2  attempts to consolidate and dissolve local 

 3  governments, including six for villages.  Six 

 4  villages were dissolved between 2009 and the 

 5  date that this act went into effect, which was 

 6  March 1, 2010.  Six, statewide.

 7               Since this law went into effect 

 8  March 1st of 2010, there have been 12 separate 

 9  attempts at dissolution of a village or 

10  consolidation of two towns, and all but one of 

11  those were not successful.  The only village 

12  to vote for dissolution under this law was the 

13  village of Altmar, so the other 11 did not.

14               So what I would suggest to 

15  everyone is if we go back and look at facts 

16  and look at the reality of the effort to 

17  consolidate and give real opportunities for 

18  local governments to consolidate, you would 

19  see that this law has not accomplished that.  

20               And so we need to streamline it.  

21  We need to make it more easily understandable, 

22  we need to make it more transparent, and we 

23  have to figure out why so many of our efforts 

24  to dissolve or consolidate have not been 

25  successful.  

                                                               4828

 1               This bill does that, and as a 

 2  result I urge everyone to support it.  

 3               Thank you, Mr. President.

 4               ACTING PRESIDENT GRIFFO:    

 5  Senator Martins to be recorded in the 

 6  affirmative.

 7               Senator Stewart-Cousins to 

 8  explain her vote.

 9               SENATOR STEWART-COUSINS:   Yes, 

10  thank you, Mr. President.

11               I think that the whole point of 

12  this, the original legislation in 2009 and 

13  where we continue to be, is to give people the 

14  opportunity from a grassroots level to make 

15  the kinds of changes in terms of 

16  consolidations that we want to see happen in 

17  government.  I don't think there's any dispute 

18  about that.

19               I just think this piece of 

20  legislation misses the mark, and basically 

21  because it's a citizens empowerment act.  And 

22  one of the things that happens is that the 

23  panel that puts together the plan, ultimately, 

24  still is consisting of the same people who put 

25  together the plan initially.  The idea that 

                                                               4829

 1  there is no citizen input necessary in the 

 2  plan is, to me, part of why the citizen 

 3  empowerment that we want to have will not 

 4  happen here.

 5               So I understand my good friend 

 6  Senator Martins trying to address some of the 

 7  needs, but I don't think this does it, and 

 8  that's why I'll be voting no.

 9               ACTING PRESIDENT GRIFFO:    

10  Senator Stewart-Cousins to be recorded in the 

11  negative.

12               Announce the results.

13               THE SECRETARY:   In relation to 

14  Calendar Number 356, those recorded in the 

15  negative are Senators Adams, Addabbo, Avella, 

16  Breslin, Carlucci, Diaz, Dilan, Duane, 

17  Gianaris, Hassell-Thompson, Kennedy, Klein, 

18  Krueger, Little, Montgomery, Peralta, Perkins, 

19  Rivera, Sampson, Savino, Serrano, Squadron, 

20  Stavisky, Stewart-Cousins and Valesky.  

21               Ayes, 35.  Nays, 25.

22               ACTING PRESIDENT GRIFFO:   The 

23  bill is passed.

24               Senator Libous.

25               SENATOR LIBOUS:   Mr. President, 

                                                               4830

 1  on that same calendar, if we can go to 

 2  Calendar Number 1034.  And without objection, 

 3  if we could take that back to the 

 4  noncontroversial reading.

 5               ACTING PRESIDENT GRIFFO:    

 6  Without objection, so ordered.  The Secretary 

 7  will read.

 8               THE SECRETARY:   Calendar Number 

 9  1034, by Senator Hannon, Senate Print 7144, an 

10  act to amend the Education Law.

11               ACTING PRESIDENT GRIFFO:   Read 

12  the last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect immediately.

15               ACTING PRESIDENT GRIFFO:   Call 

16  the roll.

17               (The Secretary called the roll.)

18               ACTING PRESIDENT GRIFFO:    

19  Senator Oppenheimer, do you want to explain 

20  your vote?  

21               SENATOR OPPENHEIMER:   Yes.  I'm 

22  voting for this because this doesn't apply, 

23  this does not apply to core curriculum 

24  services.  Never has and won't.  

25               But there are examples -- lots of 

                                                               4831

 1  examples, actually -- of specific statutes and 

 2  of regulations that have authorized 

 3  contracting with other entities, and they've 

 4  been around for a very long time.  

 5               And I'll give you just a couple 

 6  of examples.  Children who are cared for in 

 7  hospitals and other institutions, if you're 

 8  going to provide a tutor, that's an outside 

 9  contract.  

10               School districts who provide 

11  pre-K.  Pre-K can be provided in a daycare 

12  center, it can be provided through early 

13  education, through a childcare program.  

14  There's another example.

15               Another one is the special ed 

16  kids.  A lot of them are under a special 

17  contract now.  

18               If children are at an approved 

19  private residential or nonresidential school, 

20  both inside and outside of New York, the 

21  school district has to provide, and they have 

22  done so through contracts.

23               It's just -- for example, here's 

24  another one.  There are contracts with those 

25  high schools where courses are being given 

                                                               4832

 1  where college credit can be attributed to the 

 2  child taking the course.  So in that case they 

 3  have arrangements with outside institutions, 

 4  usually of higher education.

 5               So the school boards are making 

 6  the point, and I think it's a very valid 

 7  point, that in certain cases where specialized 

 8  education is needed, specialized expertise -- 

 9  that's the word I'm looking for -- is required 

10  and it isn't available within the school 

11  district, that there should be independent 

12  contractors permitted to do this.  And they're 

13  only permitted to do it for one year, and then 

14  it has to be renewed.

15               So I think this is a very good 

16  point being made by the School Boards 

17  Association, so I will be voting yes.

18               ACTING PRESIDENT GRIFFO:    

19  Senator Oppenheimer to be recorded in the 

20  affirmative.

21               Announce the results.

22               THE SECRETARY:   In relation to 

23  Calendar Number 1034, those recorded in the 

24  negative are Senators Avella, Duane, Gianaris, 

25  Perkins, Rivera, and Stavisky.

                                                               4833

 1               Ayes, 54.  Nays, 6.

 2               ACTING PRESIDENT GRIFFO:   The 

 3  bill is passed.  

 4               Senator Libous, that completes 

 5  the active list from previously this morning.

 6               SENATOR LIBOUS:   It's actually 

 7  this afternoon.

 8               ACTING PRESIDENT GRIFFO:   That 

 9  was earlier this morning when we started.

10               SENATOR LIBOUS:   It indeed was, 

11  Mr. President.  It indeed was.  

12               We are now going to take up the 

13  Supplemental Calendar Number 60A, and at this 

14  time if we could please have the 

15  noncontroversial reading of that calendar.

16               ACTING PRESIDENT GRIFFO:   The 

17  Secretary will read Senate Supplemental 

18  Calendar 60A.

19               THE SECRETARY:   Calendar Number 

20  1352, by Senator Robach, Senate Print 489, an 

21  act to amend the Real Property Tax Law.

22               ACTING PRESIDENT GRIFFO:   Read 

23  the last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect on the first of January.

                                                               4834

 1               ACTING PRESIDENT GRIFFO:   Call 

 2  the roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 60.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  bill is passed.

 7               THE SECRETARY:   Calendar Number 

 8  1373, by Senator Oppenheimer, Senate Print 

 9  1583A, an act to amend the Education Law.

10               ACTING PRESIDENT GRIFFO:   Read 

11  the last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect immediately.

14               ACTING PRESIDENT GRIFFO:   Call 

15  the roll.

16               (The Secretary called the roll.)

17               ACTING PRESIDENT GRIFFO:   

18  Announce the results.  

19               THE SECRETARY:   Ayes, 57.  Nays, 

20  3.  Senators Duane, LaValle and Marcellino 

21  recorded in the negative.

22               ACTING PRESIDENT GRIFFO:   The 

23  bill is passed.

24               THE SECRETARY:   In relation to 

25  Calendar Number 1374, Senator Maziarz moves to 

                                                               4835

 1  discharge, from the Committee on Consumer 

 2  Protection, Assembly Bill Number 8965 and 

 3  substitute it for the identical Senate Bill 

 4  Number 2554, Third Reading Calendar 1374.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  substitution is so ordered.

 7               The Secretary will read.

 8               THE SECRETARY:   Calendar Number 

 9  1374, by Member of the Assembly Dinowitz, 

10  Assembly Print Number 8965, an act to amend 

11  the General Business Law.

12               ACTING PRESIDENT GRIFFO:   Read 

13  the last section.

14               THE SECRETARY:   Section 4.  This 

15  act shall take effect on the 180th day.

16               ACTING PRESIDENT GRIFFO:   Call 

17  the roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 60.

20               ACTING PRESIDENT GRIFFO:   The 

21  bill is passed.

22               THE SECRETARY:   Calendar Number 

23  1375, by Senator Lanza, Senate Print 4119, an 

24  act to amend the Penal Law.

25               ACTING PRESIDENT GRIFFO:   Read 

                                                               4836

 1  the last section.

 2               THE SECRETARY:   Section 4.  This 

 3  act shall take effect on the first of 

 4  November.

 5               ACTING PRESIDENT GRIFFO:   Call 

 6  the roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 60.

 9               ACTING PRESIDENT GRIFFO:   The 

10  bill is passed.

11               THE SECRETARY:   Calendar Number 

12  1376, by Senator Young --

13               SENATOR LIBOUS:   Mr. President, 

14  could you lay this bill aside for the day, 

15  please.

16               ACTING PRESIDENT GRIFFO:   Lay it 

17  aside for the day.

18               THE SECRETARY:   Calendar Number 

19  1377, by Senator Ball, Senate Print 5104, an 

20  act to amend the Penal Law.

21               ACTING PRESIDENT GRIFFO:   Read 

22  the last section.

23               THE SECRETARY:   Section 3.  This 

24  act shall take effect on the first of 

25  November.

                                                               4837

 1               ACTING PRESIDENT GRIFFO:   Call 

 2  the roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 58.  Nays, 

 5  2.  Senators Duane and Dilan recorded in the 

 6  negative.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  bill is passed.

 9               THE SECRETARY:   Calendar Number 

10  1379, by Senator Griffo, Senate Print 5693, an 

11  act to amend the Vehicle and Traffic Law.

12               ACTING PRESIDENT GRIFFO:   Read 

13  the last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT GRIFFO:   Call 

17  the roll.

18               (The Secretary called the roll.)

19               ACTING PRESIDENT GRIFFO:    

20  Senator Ritchie to explain her vote.

21               SENATOR RITCHIE:   Thank you, 

22  Mr. President.  I rise to support this bill.  

23               Gold Star Mother plates are 

24  issued to honor a child that's killed during 

25  service to the country.  Currently, Gold Star 

                                                               4838

 1  Mothers are required to turn both their plates 

 2  in.  This bill is the least we can do to allow 

 3  them to keep one of the plates to honor their 

 4  child.

 5               Just recently, in the last year, 

 6  I was able to help one of the Gold Star 

 7  Mothers get back her plates.  She was 

 8  completely devastated after she was required 

 9  to turn them in.  

10               And once again, I just think this 

11  is the least we can do to honor the child and 

12  allow the mother to keep one of those plates 

13  to commemorate her son in the service to his 

14  country.  

15               So I vote aye on the bill, 

16  Mr. President.  Thank you.  

17               ACTING PRESIDENT GRIFFO:    

18  Senator Ritchie to be recorded in the 

19  affirmative.  

20               Announce the results.

21               THE SECRETARY:   Ayes, 60.

22               ACTING PRESIDENT GRIFFO:   The 

23  bill is passed.

24               THE SECRETARY:   Calendar Number 

25  1380, by Senator Klein, Senate Print 6132A, an 

                                                               4839

 1  act to amend the Penal Law.

 2               ACTING PRESIDENT GRIFFO:   Read 

 3  the last section.

 4               THE SECRETARY:   Section 7.  This 

 5  act shall take effect on the first of 

 6  November.

 7               ACTING PRESIDENT GRIFFO:   Call 

 8  the roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 60.

11               ACTING PRESIDENT GRIFFO:   The 

12  bill is passed.

13               THE SECRETARY:   Calendar Number 

14  1381, by Senator Larkin, Senate Print 6726, an 

15  act to amend the Public Health Law.

16               ACTING PRESIDENT GRIFFO:   Read 

17  the last section.

18               THE SECRETARY:   Section 3.  This 

19  act shall take effect on the 180th day.

20               ACTING PRESIDENT GRIFFO:   Call 

21  the roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 60.

24               ACTING PRESIDENT GRIFFO:   The 

25  bill is passed.

                                                               4840

 1               THE SECRETARY:   Calendar Number 

 2  1382, by Senator McDonald, Senate Print 6967A, 

 3  an act to amend the Highway Law.

 4               ACTING PRESIDENT GRIFFO:   Read 

 5  the last section.

 6               THE SECRETARY:   Section 3.  This 

 7  act shall take effect immediately.

 8               ACTING PRESIDENT GRIFFO:   Call 

 9  the roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 60.

12               ACTING PRESIDENT GRIFFO:   The 

13  bill is passed.

14               THE SECRETARY:   In relation to 

15  Calendar Number 1383, Senator McDonald moves 

16  to discharge, from the Committee on Rules, 

17  Assembly Bill Number 10263A and substitute it 

18  for the identical Senate Bill Number 7032A, 

19  Third Reading Calendar 1383.

20               ACTING PRESIDENT GRIFFO:   The 

21  substitution is so ordered.

22               The Secretary will read.

23               THE SECRETARY:   Calendar Number 

24  1383, by Member of the Assembly Jordan, 

25  Assembly Print 10263A, an act to amend the 

                                                               4841

 1  Highway Law.

 2               ACTING PRESIDENT GRIFFO:   Read 

 3  the last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT GRIFFO:   Call 

 7  the roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 60.

10               ACTING PRESIDENT GRIFFO:   The 

11  bill is passed.

12               THE SECRETARY:   In relation to 

13  Calendar Number 1384, Senator Flanagan moves 

14  to discharge, from the Committee on Education, 

15  Assembly Bill Number 9472 and substitute it 

16  for the identical Senate Bill Number 7246, 

17  Third Reading Calendar 1384.

18               ACTING PRESIDENT GRIFFO:   The 

19  substitution is so ordered.

20               The Secretary will read.

21               THE SECRETARY:   Calendar Number 

22  1384, by Member of the Assembly Nolan, 

23  Assembly Print Number 9472, an act to amend 

24  Chapter 658 of the Laws of 2002.

25               ACTING PRESIDENT GRIFFO:   Read 

                                                               4842

 1  the last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call 

 5  the roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 58.  Nays, 

 8  2.  Senators Lanza and LaValle recorded in the 

 9  negative.

10               ACTING PRESIDENT GRIFFO:   The 

11  bill is passed.

12               THE SECRETARY:   In relation to 

13  Calendar Number 1385, Senator Marcellino moves 

14  to discharge, from the Committee on Rules, 

15  Assembly Bill Number 10096, and substitute it 

16  for the identical Senate Bill Number 7252, 

17  Third Reading Calendar 1385.

18               ACTING PRESIDENT GRIFFO:   The 

19  substitution is so ordered.

20               The Secretary will read.

21               THE SECRETARY:   Calendar Number 

22  1385, by Member of the Assembly Schimminger, 

23  Assembly Print Number 10096, an act to amend 

24  the Alcoholic Beverage Control Law.

25               ACTING PRESIDENT GRIFFO:   Read 

                                                               4843

 1  the last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call 

 5  the roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 60.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  bill is passed.

10               THE SECRETARY:   Calendar Number 

11  1386, by Senator McDonald, Senate Print 7255C, 

12  an act to authorize.

13               ACTING PRESIDENT GRIFFO:   Read 

14  the last section.

15               THE SECRETARY:   Section 6.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT GRIFFO:   Call 

18  the roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 60.

21               ACTING PRESIDENT GRIFFO:   The 

22  bill is passed.

23               THE SECRETARY:   Calendar Number 

24  1387, by Senator Martins, Senate Print 7279A, 

25  an act to amend the Education Law.

                                                               4844

 1               ACTING PRESIDENT GRIFFO:   Read 

 2  the last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.  

 5               ACTING PRESIDENT GRIFFO:   Call 

 6  the roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 58.  Nays, 

 9  2.  Senators Duane and LaValle recorded in the 

10  negative.

11               ACTING PRESIDENT GRIFFO:   The 

12  bill is passed.

13               THE SECRETARY:   In relation to 

14  Calendar Number 1388, Senator McDonald moves 

15  to discharge, from the Committee on Rules, 

16  Assembly Bill Number 10217A and substitute it 

17  for the identical Senate Bill Number 7427A, 

18  Third Reading Calendar 1388.

19               ACTING PRESIDENT GRIFFO:   The 

20  substitution is so ordered.

21               There is a home-rule message at 

22  the desk.

23               The Secretary will read.

24               THE SECRETARY:   Calendar Number 

25  1388, by Member of the Assembly Reilly, 

                                                               4845

 1  Assembly Print Number 10217A, an act in 

 2  relation to authorizing.

 3               ACTING PRESIDENT GRIFFO:   Read 

 4  the last section.

 5               THE SECRETARY:   Section 2.  This 

 6  act shall take effect immediately.

 7               ACTING PRESIDENT GRIFFO:   Call 

 8  the roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 59.  Nays, 

11  1.  Senator Ball recorded in the negative.

12               ACTING PRESIDENT GRIFFO:   The 

13  bill is passed.

14               THE SECRETARY:   In relation to 

15  Calendar Number 1389, Senator Bonacic moves to 

16  discharge, from the Committee on Rules, 

17  Assembly Bill Number 10305A and substitute it 

18  for the identical Senate Bill Number 7469, 

19  Third Reading Calendar 1389.

20               ACTING PRESIDENT GRIFFO:   The 

21  substitution is so ordered.

22               The Secretary will read.

23               THE SECRETARY:   Calendar Number 

24  1389, by Member of the Assembly Gunther, 

25  Assembly Print Number 10305A, an act to amend 

                                                               4846

 1  Chapter 672 of the Laws of 1993.

 2               ACTING PRESIDENT GRIFFO:   Read 

 3  the last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT GRIFFO:   Call 

 7  the roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 59.  Nays, 

10  1.  Senator Ball recorded in the negative.

11               ACTING PRESIDENT GRIFFO:   The 

12  bill is passed.

13               THE SECRETARY:   Calendar Number 

14  1390, by Senator Young, Senate Print 7498, an 

15  act making certain findings.

16               ACTING PRESIDENT GRIFFO:   There 

17  is a home-rule message at the desk.

18               The Secretary will read.

19               THE SECRETARY:   Section 5.  This 

20  act shall take effect immediately.

21               ACTING PRESIDENT GRIFFO:   Call 

22  the roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 59.  Nays, 

25  1.  Senator Ball recorded in the negative.

                                                               4847

 1               ACTING PRESIDENT GRIFFO:   The 

 2  bill is passed.

 3               THE SECRETARY:   Calendar Number 

 4  1391, by Senator Golden, Senate Print 7534, an 

 5  act to amend the Tax Law.

 6               ACTING PRESIDENT GRIFFO:   Read 

 7  the last section.

 8               THE SECRETARY:   Section 4.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT GRIFFO:   Call 

11  the roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 59.  Nays, 

14  1.  Senator LaValle recorded in the negative.  

15               ACTING PRESIDENT GRIFFO:   The 

16  bill is passed.

17               THE SECRETARY:   In relation to 

18  Calendar Number 1392, Senator Saland moves to 

19  discharge, from the Committee on Rules, 

20  Assembly Bill Number 10179A and substitute it 

21  for the identical Senate Bill Number 7548, 

22  Third Reading Calendar 1392.

23               ACTING PRESIDENT GRIFFO:   The 

24  substitution is so ordered.

25               The Secretary will read.

                                                               4848

 1               THE SECRETARY:   Calendar Number 

 2  1392, by Member of the Assembly Lavine, 

 3  Assembly Print 10179A, an act to amend the 

 4  Domestic Relations Law.

 5               ACTING PRESIDENT GRIFFO:   Read 

 6  the last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT GRIFFO:   Call 

10  the roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 60.

13               ACTING PRESIDENT GRIFFO:   The 

14  bill is passed.

15               THE SECRETARY:   Calendar Number 

16  1393, by Senator McDonald, Senate Print 

17  7561 --

18               SENATOR LIBOUS:   Lay it aside 

19  for the day, please.

20               ACTING PRESIDENT GRIFFO:   Lay 

21  the bill aside for the day.

22               THE SECRETARY:   Calendar Number 

23  1394, by Senator Maziarz, Senate Print 7629, 

24  an act to amend the Public Officers Law.

25               ACTING PRESIDENT GRIFFO:   Read 

                                                               4849

 1  the last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call 

 5  the roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 59.  Nays, 

 8  1.  Senator Duane recorded in the negative.

 9               ACTING PRESIDENT GRIFFO:   The 

10  bill is passed.

11               THE SECRETARY:   Calendar Number 

12  1395, by Senator Bonacic, Senate Print 7633, 

13  an act to amend the Vehicle and Traffic Law.

14               ACTING PRESIDENT GRIFFO:   Read 

15  the last section.

16               THE SECRETARY:   Section 2.  This 

17  act shall take effect immediately.

18               ACTING PRESIDENT GRIFFO:   Call 

19  the roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 59.  Nays, 

22  1.  Senator Duane recorded in the negative.

23               ACTING PRESIDENT GRIFFO:   The 

24  bill is passed.

25               THE SECRETARY:   Calendar Number 

                                                               4850

 1  1396, by Senator Alesi, Senate Print 7636, an 

 2  act to amend the Public Health Law.

 3               ACTING PRESIDENT GRIFFO:   Read 

 4  the last section.

 5               THE SECRETARY:   Section 3.  This 

 6  act shall take effect on the 90th day.

 7               ACTING PRESIDENT GRIFFO:   Call 

 8  the roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 60.

11               ACTING PRESIDENT GRIFFO:   The 

12  bill is passed.

13               THE SECRETARY:   Calendar Number 

14  1398, by Senator Savino, Senate Print 7657, an 

15  act directing the Department of 

16  Transportation.

17               ACTING PRESIDENT GRIFFO:   Read 

18  the last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect on the 90th day.

21               ACTING PRESIDENT GRIFFO:   Call 

22  the roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 60.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4851

 1  bill is passed.

 2               THE SECRETARY:   Calendar Number 

 3  1399, by Senator Little, Senate Print 7659, an 

 4  act to amend the Environmental Conservation 

 5  Law.

 6               ACTING PRESIDENT GRIFFO:   Read 

 7  the last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect on the same date and in 

10  the same manner as a Concurrent Resolution of 

11  the Senate and Assembly.

12               ACTING PRESIDENT GRIFFO:   Call 

13  the roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 60.

16               ACTING PRESIDENT GRIFFO:   The 

17  bill is passed.

18               THE SECRETARY:   In relation to 

19  Calendar Number 1400, Senator Little moves to 

20  discharge, from the Committee on Rules, 

21  Assembly Bill Number 10198 and substitute it 

22  for the identical Senate Bill Number 7695, 

23  Third Reading Calendar 1400.

24               ACTING PRESIDENT GRIFFO:   The 

25  substitution is so ordered.

                                                               4852

 1               The Secretary will read.

 2               THE SECRETARY:   Calendar Number 

 3  1400, by Member of the Assembly Markey, 

 4  Assembly Print Number 10198, an act to amend 

 5  Chapter 138 of the Laws of 1998.

 6               ACTING PRESIDENT GRIFFO:   Read 

 7  the last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT GRIFFO:   Call 

11  the roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 60.

14               ACTING PRESIDENT GRIFFO:   The 

15  bill is passed.

16               THE SECRETARY:   Calendar Number 

17  1401, by Senator LaValle --

18               SENATOR LIBOUS:   Lay it aside 

19  for the day, please.

20               ACTING PRESIDENT GRIFFO:   Lay 

21  the bill aside for the day.

22               THE SECRETARY:   Calendar Number 

23  1402, by Senator Bonacic, Senate Print 7731, 

24  an act to amend the State Finance Law.

25               ACTING PRESIDENT GRIFFO:   Read 

                                                               4853

 1  the last section.

 2               THE SECRETARY:   Section 3.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call 

 5  the roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 60.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  bill is passed.

10               THE SECRETARY:   Calendar Number 

11  1403, by Senator Golden, Senate Print 7746, an 

12  act to amend the Insurance Law.

13               ACTING PRESIDENT GRIFFO:   Read 

14  the last section.

15               THE SECRETARY:   Section 9.  This 

16  act shall take effect 270 days after it shall 

17  have become a law.

18               ACTING PRESIDENT GRIFFO:   Call 

19  the roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 59.  Nays, 

22  1.  Senator Duane recorded in the negative.

23               ACTING PRESIDENT GRIFFO:   The 

24  bill is passed.

25               THE SECRETARY:   Calendar Number 

                                                               4854

 1  1404, by Senator Robach, Senate Print 7747, an 

 2  act to amend the Civil Service Law.

 3               ACTING PRESIDENT GRIFFO:   Read 

 4  the last section.

 5               THE SECRETARY:   Section 16.  

 6  This act shall take effect immediately.

 7               ACTING PRESIDENT GRIFFO:   Call 

 8  the roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 60.

11               ACTING PRESIDENT GRIFFO:   The 

12  bill is passed.

13               THE SECRETARY:   Calendar Number 

14  1405, by Senator McDonald, Senate Print 7749, 

15  an act to amend the Executive Law.

16               ACTING PRESIDENT GRIFFO:   Read 

17  the last section.

18               THE SECRETARY:   Section 4.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call 

21  the roll.

22               (The Secretary called the roll.)

23               ACTING PRESIDENT GRIFFO:    

24  Senator McDonald to explain his vote.

25               SENATOR McDONALD:   Thank you, 

                                                               4855

 1  Mr. President.

 2               I want to thank everybody in this 

 3  body for supporting this bill and caring about 

 4  this bill so much, thank the people in the 

 5  Assembly for the same, and our Governor.

 6               This is very important.  It's 

 7  just the beginning.  It's had the support of 

 8  so many people throughout the mental health 

 9  and disabilities community -- people all over 

10  this state, in the big cities and the small 

11  towns, in the villages and the rural areas.  

12               And I stress again, it's just the 

13  beginning, but you folks have done a great 

14  job.  I'm especially grateful to my leader, 

15  Dean Skelos, for being such a strong 

16  proponent.  And I know the Democrats on the 

17  other side are equally as strong, and so is 

18  the Assembly.

19               When people ask us if we can work 

20  together to benefit our great state and the 

21  people who need so much help in this state, 

22  they can look at this bill, this legislation, 

23  and know that we can work together, we will 

24  work together, and we have worked together and 

25  we're going to work together on a lot of good 

                                                               4856

 1  things.  

 2               Thank you, sir.

 3               ACTING PRESIDENT GRIFFO:    

 4  Senator McDonald to be recorded in the 

 5  affirmative.

 6               Senator Kennedy to explain his 

 7  vote.

 8               SENATOR KENNEDY:   Thank you, 

 9  Mr. President.

10               First of all, I want to thank the 

11  bill's sponsor for bringing this to the 

12  floor.  I also want to thank the Governor for 

13  his leadership in regards to The Justice 

14  Center for the protection of people with 

15  special needs.

16               New York State must protect our 

17  most vulnerable populations.  Whether it's 

18  providing support services or ensuring 

19  individuals' safety, our state needs to step 

20  up its efforts.  The Justice Center for the 

21  Protection of People with Special Needs is an 

22  absolutely vital initiative that will protect 

23  the safety of people with disabilities who 

24  rely on state care.

25               As an occupational therapist 

                                                               4857

 1  myself, I've worked with individuals with 

 2  disabilities.  I understand the great 

 3  struggles that people with special needs are 

 4  forced to endure.  I've seen firsthand people 

 5  living with disabilities make great leaps and 

 6  bounds in their treatments to more fully 

 7  participate in everyday life.  

 8               It's such a moving experience to 

 9  see people live full, happy, independent lives 

10  regardless of any disability they may live 

11  with.  That's why so it's so troubling to hear 

12  such traumatic cases of abuse and neglect at 

13  care facilities.

14               People with disabilities spend 

15  every day living with challenges that none of 

16  us have ever fully experienced and some of us 

17  never will.  For people charged with their 

18  care to then abuse and neglect them, it is 

19  absolutely unacceptable.  It must be stopped.  

20               The focus of The Justice Center 

21  will be the prevention of abuse and neglect.  

22  It will protect people with developmental 

23  disabilities and ensure that they have access 

24  to the high-quality care that they need and 

25  that they deserve.

                                                               4858

 1               We're talking about 1 million 

 2  New Yorkers.  When 1 million New Yorkers are 

 3  left unprotected from injustice, pain and 

 4  suffering, this state is failing the 

 5  population.  It's long overdue for the state 

 6  to enact real protections for our most 

 7  vulnerable populations.  

 8               This is the right thing to do for 

 9  New Yorkers with disabilities and for all 

10  people who reside in New York State.  

11               Mr. President, I vote aye.

12               ACTING PRESIDENT GRIFFO:    

13  Senator Kennedy to be recorded in the 

14  affirmative.

15               Senator LaValle to explain his 

16  vote.

17               SENATOR LaVALLE:   Thank you, 

18  Mr. President.  

19               I want to thank Senator McDonald, 

20  who has been dogged in protecting those who 

21  have disabilities and are frail and really 

22  can't speak for themselves or protect 

23  themselves.  

24               And this bill is the beginning, 

25  in my estimation, of sending out a very strong 

                                                               4859

 1  signal to those who are caregivers that you 

 2  cannot abuse, either by omission or 

 3  commission, those who are in your charge.

 4               And again, to the Governor, 

 5  Senator McDonald, our Majority Leader and 

 6  members of the Assembly, this legislation is 

 7  going to be one of the highlights of what 

 8  we've done during this session.

 9               I vote aye.

10               ACTING PRESIDENT GRIFFO:    

11  Senator LaValle to be recorded in the 

12  affirmative.

13               Announce the results.

14               THE SECRETARY:   Ayes, 60.

15               ACTING PRESIDENT GRIFFO:   The 

16  bill is passed.

17               Senator Libous, that completes 

18  the noncontroversial reading of Senate 

19  Supplemental Calendar 60A.

20               ACTING PRESIDENT GRIFFO:   Thank 

21  you, Mr. President.  

22               At this time could you please 

23  call on Senator Ruth Hassell-Thompson.

24               ACTING PRESIDENT GRIFFO:   

25  Senator Hassell-Thompson.

                                                               4860

 1               SENATOR HASSELL-THOMPSON:   Thank 

 2  you, Mr. President.

 3               There will be a meeting at 4:20 

 4  of the Democratic Conference in Room 315.

 5               ACTING PRESIDENT GRIFFO:   There 

 6  will be meeting of the Democratic Conference 

 7  in Room 315 at 4:20.

 8               Senator Libous.

 9               SENATOR LIBOUS:   Mr. President, 

10  could we return to motions, please.

11               ACTING PRESIDENT GRIFFO:   We 

12  will return to motions.

13               SENATOR LIBOUS:   Call on Senator 

14  Breslin, please.

15               ACTING PRESIDENT GRIFFO:   

16  Senator Breslin.  

17               SENATOR BRESLIN:   Thank you, 

18  Mr. President.  

19               On behalf of Senator Peralta, I 

20  move to amend Senate Bill Number 6722B by 

21  striking out the amendments made on 6/14/12 

22  and restoring it to its previous print, 6722A.

23               ACTING PRESIDENT GRIFFO:   So 

24  ordered.

25               SENATOR BRESLIN:   Thank you, 

                                                               4861

 1  Mr. President.  

 2               ACTING PRESIDENT GRIFFO:    

 3  Senator Libous.

 4               SENATOR LIBOUS:   Mr. President, 

 5  there will be a Rules Committee meeting at 

 6  4:45 in Room 332.

 7               ACTING PRESIDENT GRIFFO:   There 

 8  will be a Rules Committee meeting in Room 332 

 9  promptly at 4:45.

10               SENATOR LIBOUS:   That's 

11  correct.  And we'll stand at ease.

12               ACTING PRESIDENT GRIFFO:   The 

13  Senate stands at ease.

14               (Whereupon, the Senate stood at 

15  ease at 3:59 p.m.)

16               (Whereupon, the Senate reconvened 

17  at 5:47 p.m.)

18               ACTING PRESIDENT GRIFFO:   The 

19  Senate will come to order.

20               Senator Libous.  

21               SENATOR LIBOUS:   Mr. President, 

22  I believe there's a report of the 

23  Rules Committee at the desk.

24               ACTING PRESIDENT GRIFFO:   The 

25  Secretary will read.

                                                               4862

 1               THE SECRETARY:   Senator Skelos, 

 2  from the Committee on Rules, reports the 

 3  following bills:  

 4               Senate Print 2005A, by Senator 

 5  Skelos, an act to amend the Correction Law; 

 6               2935B, by Senator LaValle, an act 

 7  to amend the Education Law;

 8               3760, by Senator DeFrancisco, an 

 9  act to amend the Navigation Law; 

10               3808B, by Senator Fuschillo, an 

11  act to amend the Education Law; 

12               5224B, by Senator Ranzenhofer, an 

13  act to amend the Public Health Law;

14               5356D, by Senator Young, an act 

15  to amend the Education Law; 

16               5404A, by Senator Martins, an act 

17  to amend the Alcoholic Beverage Control Law; 

18               6015A, by Senator DeFrancisco, an 

19  act to amend the Tax Law; 

20               6328, by Senator Kennedy, an act 

21  to legalize, validate and ratify; 

22               6932, by Senator Kennedy, an act 

23  to amend the Racing, Pari-Mutuel Wagering and 

24  Breeding Law; 

25               6998, by Senator O'Mara, an act 

                                                               4863

 1  to legalize, validate, ratify and confirm;

 2               7165A, by Senator Ball, an act to 

 3  amend the Tax Law; 

 4               7189, by Senator Dilan, an act to 

 5  amend the Family Court Act; 

 6               7343, by Senator DeFrancisco, an 

 7  act in relation to authorizing; 

 8               7499A, by Senator Flanagan, an 

 9  act to amend the Civil Service Law; 

10               7500, by Senator Breslin, an act 

11  to authorize the County of Albany; 

12               7617, by Senator Squadron, an act 

13  authorizing and validating; 

14               7682, by Senator Nozzolio, an act 

15  to amend the Correction Law; 

16               7722A, by Senator Flanagan, an 

17  act to amend the Education Law; 

18               7735A, by Senator Maziarz, an act 

19  to amend the Public Health Law; 

20               7745, by Senator Hannon, an act 

21  to amend the Insurance Law; 

22               7769, by Senator Ranzenhofer, an 

23  act to amend the State Finance Law; 

24               7787, by Senator Seward, an act 

25  to amend the Insurance Law; 

                                                               4864

 1               7790, by Senator Young, an act to 

 2  amend the Labor Law; 

 3               149B, by Senator Maziarz, an act 

 4  to amend the Tax Law; 

 5               And Senate 7519A, by Senator 

 6  Robach, an act to amend the Education Law.

 7               All bills reported direct to 

 8  third reading.

 9               SENATOR LIBOUS:   Mr. President.

10               ACTING PRESIDENT GRIFFO:    

11  Senator Libous.

12               SENATOR LIBOUS:   I move to 

13  accept the report of the Rules Committee.

14               ACTING PRESIDENT GRIFFO:   All in 

15  favor of accepting the Rules Committee report 

16  signify by saying aye.

17               (Response of "Aye.")

18               ACTING PRESIDENT GRIFFO:    

19  Opposed?

20               (No response.)

21               ACTING PRESIDENT GRIFFO:   The 

22  Rules Committee report is accepted.

23               Senator Libous.

24               SENATOR LIBOUS:   Mr. President, 

25  at this time if we could have the 

                                                               4865

 1  noncontroversial reading of Supplemental 

 2  Calendar 60B, please.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  Secretary will read.

 5               THE SECRETARY:   Calendar Number 

 6  1378, by Senator Skelos, Senate Print 2005A, 

 7  an act to amend the Correction Law.

 8               ACTING PRESIDENT GRIFFO:   Read 

 9  the last section.

10               THE SECRETARY:   Section 4.  This 

11  act shall take effect on the 180th day.

12               ACTING PRESIDENT GRIFFO:   Call 

13  the roll.  

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 59.  Nays, 

16  1.  Senator Montgomery recorded in the 

17  negative.  

18               ACTING PRESIDENT GRIFFO:   The 

19  bill is passed.

20               THE SECRETARY:   Calendar Number 

21  1397, by Senator LaValle, Senate Print 2935B, 

22  an act to amend the Education Law.

23               ACTING PRESIDENT GRIFFO:   Read 

24  the last section.

25               THE SECRETARY:   Section 2.  This 

                                                               4866

 1  act shall take effect on the 180th day.

 2               ACTING PRESIDENT GRIFFO:   Call 

 3  the roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 59.  Nays, 

 6  1.  Senator Ritchie recorded in the negative.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  bill is passed.

 9               THE SECRETARY:   Calendar Number 

10  1406, by Senator DeFrancisco, Senate Print 

11  3760, an act to amend the Navigation Law.

12               ACTING PRESIDENT GRIFFO:   Read 

13  the last section.

14               THE SECRETARY:   Section 4.  This 

15  act shall take effect on the first of 

16  November.

17               ACTING PRESIDENT GRIFFO:   Call 

18  the roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 60.  

21               ACTING PRESIDENT GRIFFO:   The 

22  bill is passed.

23               THE SECRETARY:   In relation to 

24  Calendar Number 1407, Senator Fuschillo moves 

25  to discharge, from the Committee on Rules, 

                                                               4867

 1  Assembly Bill Number 6301D and substitute it 

 2  for the identical Senate Bill Number 3808B, 

 3  Third Reading Calendar 1407.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  substitution is so ordered.

 6               The Secretary will read.

 7               THE SECRETARY:   Calendar Number 

 8  1407, by Member of the Assembly Paulin, 

 9  Assembly Print Number 6301D, an act to amend 

10  the Education Law.

11               ACTING PRESIDENT GRIFFO:   Read 

12  the last section.

13               THE SECRETARY:   Section 6.  This 

14  act shall take effect on the 90th day.

15               ACTING PRESIDENT GRIFFO:   Call 

16  the roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 60.

19               ACTING PRESIDENT GRIFFO:   The 

20  bill is passed.

21               THE SECRETARY:   Calendar Number 

22  1408, by Senator Ranzenhofer --

23               SENATOR LIBOUS:   Mr. President, 

24  I believe the Ranzenhofer bill is high.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4868

 1  bill is high and will be laid aside for the 

 2  day.

 3               SENATOR LIBOUS:   Thank you.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  Secretary will continue to read.

 6               THE SECRETARY:   Calendar Number 

 7  1409, by Senator Young --

 8               SENATOR LIBOUS:   Mr. President, 

 9  I believe the Young bill is also high.

10               ACTING PRESIDENT GRIFFO:   That 

11  is correct, Senator Libous.  The Young bill is 

12  high and will be laid aside for the day.

13               The Secretary will read.

14               THE SECRETARY:   In relation to 

15  Calendar Number 1410, Senator Martins moves to 

16  discharge, from the Committee on Rules, 

17  Assembly Bill Number 5565A and substitute it 

18  for the identical Senate Bill Number 5404A, 

19  Third Reading Calendar 1410.

20               ACTING PRESIDENT GRIFFO:   The 

21  substitution is so ordered.

22               The Secretary will read.

23               THE SECRETARY:   Calendar Number 

24  1410, by Member of the Assembly Heastie, 

25  Assembly Print 5565A, an act to amend the 

                                                               4869

 1  Alcoholic Beverage Control Law.

 2               ACTING PRESIDENT GRIFFO:   Read 

 3  the last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT GRIFFO:   Call 

 7  the roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 58.  Nays, 

10  2.  Senators Diaz and Duane recorded in the 

11  negative.

12               ACTING PRESIDENT GRIFFO:   The 

13  bill is passed.  

14               THE SECRETARY:   Calendar Number 

15  1411, by Senator DeFrancisco, Senate Print --

16               SENATOR BRESLIN:   Lay it aside.

17               ACTING PRESIDENT GRIFFO:   Lay 

18  the bill aside.

19               THE SECRETARY:   In relation to 

20  Calendar Number 1412, Senator Kennedy moves to 

21  discharge, from the Committee on Local 

22  Government, Assembly Bill Number 7929A and 

23  substitute it for the identical Senate Bill 

24  Number 6328, Third Reading Calendar 1412.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4870

 1  substitution is so ordered.

 2               The Secretary will read.

 3               THE SECRETARY:   Calendar Number 

 4  1412, by Member of the Assembly Smardz, 

 5  Assembly Print Number 7929A, an act to 

 6  legalize, validate, ratify and confirm.

 7               ACTING PRESIDENT GRIFFO:   Read 

 8  the last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT GRIFFO:   Call 

12  the roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 59.  Nays, 

15  1.  Senator Ball recorded in the negative.

16               ACTING PRESIDENT GRIFFO:   The 

17  bill is passed.

18               THE SECRETARY:   In relation to 

19  Calendar Number 1413, Senator Kennedy moves to 

20  discharge, from the Committee on Racing, 

21  Gaming and Wagering, Assembly Print Number 

22  9260 and substitute it for the identical 

23  Senate Bill Number 6932, Third Reading 

24  Calendar 1413.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4871

 1  substitution is so ordered.

 2               The Secretary will read.

 3               THE SECRETARY:   Calendar Number 

 4  1413, by Member of the Assembly Pretlow, 

 5  Assembly Print 9260, an act to amend the 

 6  Racing, Pari-Mutuel Wagering and Breeding Law.

 7               ACTING PRESIDENT GRIFFO:   Read 

 8  the last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect September 1, 2012.

11               ACTING PRESIDENT GRIFFO:   Call 

12  the roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 59.  Nays, 

15  1.  Senator Diaz recorded in the negative.

16               ACTING PRESIDENT GRIFFO:   The 

17  bill is passed.

18               THE SECRETARY:   Calendar Number 

19  1414, by Senator O'Mara, Senate Print 6998, an 

20  act to legalize, validate, ratify and confirm.

21               ACTING PRESIDENT GRIFFO:   There 

22  is a home-rule message at the desk.

23               The Secretary will read the last 

24  section.

25               THE SECRETARY:   Section 3.  This 

                                                               4872

 1  act shall take effect immediately.

 2               ACTING PRESIDENT GRIFFO:   Call 

 3  the roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 60.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  bill is passed.

 8               THE SECRETARY:   Calendar Number 

 9  1415, by Senator Ball --

10               SENATOR BRESLIN:   Lay it aside.

11               ACTING PRESIDENT GRIFFO:   Lay it 

12  aside.

13               THE SECRETARY:   Calendar Number 

14  1416, by Senator Dilan, Senate Print 7189, an 

15  act to amend the Family Court Act.

16               ACTING PRESIDENT GRIFFO:   Read 

17  the last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call 

21  the roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 60.

24               ACTING PRESIDENT GRIFFO:   The 

25  bill is passed.

                                                               4873

 1               THE SECRETARY:   In relation to 

 2  Calendar Number 1417, Senator DeFrancisco 

 3  moves to discharge, from the Committee on 

 4  Rules, Assembly Bill Number 10086 and 

 5  substitute it for the identical Senate Bill 

 6  Number 7343, Third Reading Calendar 1417.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  Substitution is so ordered.

 9               The Secretary will read.

10               THE SECRETARY:   Calendar Number 

11  1417, by Member of the Assembly Magnarelli, 

12  Assembly Print Number 10086, an act in 

13  relation to authorizing.

14               ACTING PRESIDENT GRIFFO:   Read 

15  the last section.

16               THE SECRETARY:   Section 2.  This 

17  act shall take effect immediately.  

18               ACTING PRESIDENT GRIFFO:   Call 

19  the roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 60.

22               ACTING PRESIDENT GRIFFO:   The 

23  bill is passed.

24               THE SECRETARY:   Calendar Number 

25  1418, by Senator Flanagan, Senate Print 7499A, 

                                                               4874

 1  an act to amend the --

 2               SENATOR LIBOUS:   Lay it aside 

 3  for the day, please.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  bill will be laid aside for the day.

 6               The Secretary will continue.

 7               THE SECRETARY:   Calendar Number 

 8  1419, by Senator Breslin, Senate Print 7500, 

 9  an act to authorize the County of Albany.

10               ACTING PRESIDENT GRIFFO:   Read 

11  the last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect immediately.

14               ACTING PRESIDENT GRIFFO:   Call 

15  the roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 58.  Nays, 

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

19  negative.

20               ACTING PRESIDENT GRIFFO:   The 

21  bill is passed.

22               THE SECRETARY:   In relation to 

23  Calendar Number 1420, Senator Squadron moves 

24  to discharge, from the Committee on Rules, 

25  Assembly Bill Number 10586 and substitute it 

                                                               4875

 1  for the identical Senate Bill Number 7617, 

 2  Third Reading Calendar 1420.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  substitution is so ordered.  

 5               There is a home-rule message at 

 6  the desk.

 7               The Secretary will read.

 8               THE SECRETARY:   Calendar Number 

 9  1420, by the Assembly Committee on Rules, 

10  Assembly Print Number 10586, an act 

11  authorizing and validating.

12               ACTING PRESIDENT GRIFFO:   Read 

13  the last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT GRIFFO:   Call 

17  the roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 59.  Nays, 

20  1.  Senator Ball recorded in the negative.  

21               ACTING PRESIDENT GRIFFO:   The 

22  bill is passed.

23               THE SECRETARY:   Calendar Number 

24  1421, by Senator Nozzolio, Senate Print 7682, 

25  an act to amend the Correction Law.

                                                               4876

 1               ACTING PRESIDENT GRIFFO:   Read 

 2  the last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT GRIFFO:   Call 

 6  the roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 60.

 9               ACTING PRESIDENT GRIFFO:   The 

10  bill is passed.

11               THE SECRETARY:   Calendar Number 

12  1422, by Senator Flanagan, Senate Print 7722A, 

13  an act --

14               SENATOR LIBOUS:   This bill is 

15  high, Mr. President.  

16               ACTING PRESIDENT GRIFFO:   The 

17  bill is high and will be laid aside for the 

18  day.

19               THE SECRETARY:   Calendar Number 

20  1423, by Senator --

21               SENATOR LIBOUS:   Mr. President, 

22  this bill by Senator Maziarz is also high.

23               ACTING PRESIDENT GRIFFO:   Yes, 

24  Senator Libous, Calendar 1423 is also high and 

25  will be laid aside for the day.

                                                               4877

 1               Calendar Number 1424, the 

 2  Secretary will continue.

 3               THE SECRETARY:   Calendar Number 

 4  1424, by Senator Hannon, Senate Print 7745, an 

 5  act to amend the Insurance Law.

 6               ACTING PRESIDENT GRIFFO:   Read 

 7  the last section.

 8               THE SECRETARY:   Section 27.  

 9  This act shall take effect January 1, 2013.

10               ACTING PRESIDENT GRIFFO:   Call 

11  the roll.

12               (The Secretary called the roll.)

13               ACTING PRESIDENT GRIFFO:    

14  Announce the results.

15               THE SECRETARY:   In relation to 

16  Calendar Number 1424, those recorded in the 

17  negative are Senators Griffo, Nozzolio, 

18  O'Mara, Seward and Young.  

19               Ayes, 55.  Nays, 5.

20               ACTING PRESIDENT GRIFFO:   The 

21  bill is passed.

22               THE SECRETARY:   Calendar Number 

23  1425, by Senator Ranzenhofer, Senate Print --

24               SENATOR LIBOUS:   Mr. President, 

25  I believe that the Ranzenhofer bill is also 

                                                               4878

 1  high.

 2               ACTING PRESIDENT GRIFFO:   The 

 3  bill is high and will be laid aside for the 

 4  day.

 5               THE SECRETARY:   Calendar Number 

 6  1426, by Senator Seward, Senate Print --

 7               SENATOR LIBOUS:   And I believe, 

 8  Mr. President, if I may, the Seward bill is 

 9  high.

10               ACTING PRESIDENT GRIFFO:   The 

11  Seward bill is high and will be laid aside for 

12  the day.

13               THE SECRETARY:   Calendar Number 

14  1427, by Senator Young --

15               SENATOR LIBOUS:   And, 

16  Mr. President, I believe the Young bill is 

17  high.

18               ACTING PRESIDENT GRIFFO:   The 

19  Young bill is high and will be laid aside for 

20  the day.

21               SENATOR LIBOUS:   Thank you, 

22  Mr. President.

23               THE SECRETARY:   In relation to 

24  Calendar Number 1428, Senator Maziarz moves to 

25  discharge, from the Committee on 

                                                               4879

 1  Investigations and Government Operations, 

 2  Assembly Print Number 34B and substitute it 

 3  for the identical Senate Bill Number 149B, 

 4  Third Reading Calendar 1428.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  substitution is so ordered.

 7               The Secretary will read.

 8               THE SECRETARY:   Calendar Number 

 9  1428, by Member of the Assembly Cahill, 

10  Assembly Print Number 34B, an act to amend the 

11  Tax Law.

12               ACTING PRESIDENT GRIFFO:   Read 

13  the last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT GRIFFO:   Call 

17  the roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 60.

20               ACTING PRESIDENT GRIFFO:   The 

21  bill is passed.

22               Can we have some order in the 

23  chamber, please.

24               THE SECRETARY:   Calendar Number 

25  1429, by Senator Robach, Senate Print 7519A, 

                                                               4880

 1  an act to amend the Education Law.

 2               ACTING PRESIDENT GRIFFO:   Read 

 3  the last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT GRIFFO:   Call 

 7  the roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 60.

10               ACTING PRESIDENT GRIFFO:   The 

11  bill is passed.

12               Senator Libous, that completes 

13  the noncontroversial reading of Senate 

14  Supplemental Calendar 60B.

15               SENATOR LIBOUS:   Thank you, 

16  Mr. President.

17               At this time we want to go to the 

18  controversial reading of the calendar.  And we 

19  will start with Calendar Number 1411, by 

20  Senator DeFrancisco.

21               ACTING PRESIDENT GRIFFO:   The 

22  Secretary will ring the bell.

23               The Secretary will read.

24               THE SECRETARY:   Calendar Number 

25  1411, by Senator DeFrancisco, Senate 

                                                               4881

 1  Print 6015A, an act to amend the Tax Law.

 2               SENATOR KRUEGER:   Explanation, 

 3  please.

 4               ACTING PRESIDENT GRIFFO:   A 

 5  request from Senator Krueger for an 

 6  explanation has been made, Senator 

 7  DeFrancisco.

 8               SENATOR DeFRANCISCO:   This is a 

 9  modification of the estate tax law in the 

10  State of New York which sets the limits 

11  comparable to what the federal government is 

12  as far as the various exclusions from federal 

13  estate tax.  The federal government is at 

14  $5 million for the taxable year 2015; ours is 

15  less.  

16               And if we don't change it to 

17  conform to the feds, then we will lose more 

18  people to the State of Florida and other 

19  states that have lower estate tax returns.  

20               We've had a flight from New York 

21  State by many wealthy individuals obviously 

22  looking to pay less taxes as one of the 

23  reasons.  And in order to make sure that we 

24  won't exacerbate that flight, we need to have 

25  this changed in the estate tax law.

                                                               4882

 1               SENATOR KRUEGER:   Through you, 

 2  Mr. President, if the sponsor would yield for 

 3  some questions.

 4               SENATOR DeFRANCISCO:   I would.

 5               ACTING PRESIDENT GRIFFO:    

 6  Senator DeFrancisco yields.

 7               SENATOR KRUEGER:   Thank you.

 8               If this bill became law and it 

 9  does phase in over the next few years, what 

10  would be the estimated annual loss in revenue 

11  to the State of New York at its final year?  

12               SENATOR DeFRANCISCO:   I will 

13  quote from Senator Ranzenhofer in an earlier 

14  debate.  Namely, we believe there will be an 

15  increase in taxes because these people will be 

16  less likely to flee the State of New York, pay 

17  income taxes on their high incomes, for fear 

18  of having to get unreasonably taxed on their 

19  estate tax.

20               So it's to make certain that we 

21  retain high-income people to continue to pay 

22  taxes in the State of New York.

23               SENATOR KRUEGER:   Through you, 

24  Mr. President, if the sponsor would continue 

25  to yield.

                                                               4883

 1               SENATOR DeFRANCISCO:   Yes.

 2               ACTING PRESIDENT GRIFFO:   The 

 3  sponsor yields.

 4               SENATOR KRUEGER:   Thank you.

 5               Unlike my earlier discussion with 

 6  Senator Ranzenhofer, which involved hiring 

 7  people and tax credits, this is a tax that 

 8  applies after you're deceased.  So you can't 

 9  argue it creates jobs.  

10               So again, based on the current 

11  law compared to this law, can you estimate 

12  what the loss specifically in estate-tax 

13  revenue to the State of New York would be?  

14               SENATOR DeFRANCISCO:   Well, 

15  Senator, individuals who make their decision 

16  where to live usually make those decisions 

17  before they die.  And they do that to plan on 

18  what's best for their family.  

19               And so people flee the State of 

20  New York before they die to take advantage of 

21  lower estate taxes.  While they're still 

22  living, if we could keep them here, 

23  presumably, if they're not working, they're at 

24  least paying taxes on whatever income they're 

25  receiving, and if not that, at least sales 

                                                               4884

 1  taxes, property taxes and other taxes.

 2               So I still believe in the long 

 3  run you have an increase in the tax base by 

 4  keeping these individuals in the State of 

 5  New York.

 6               SENATOR KRUEGER:   Through you, 

 7  Mr. President, if the sponsor would continue 

 8  to yield.

 9               SENATOR DeFRANCISCO:   Yes.

10               ACTING PRESIDENT GRIFFO:   The 

11  sponsor yields.

12               SENATOR KRUEGER:   So I can 

13  accept my colleague's analysis that there may 

14  be cause and effect with other tax revenue or 

15  population numbers with tax policy.  

16               But will he, just for the record, 

17  agree with me that on the actual estate tax 

18  currently collected by the State of New York, 

19  which is approximately $1.1 billion, that his 

20  bill would cut that revenue approximately in 

21  half by 2015 and after?  

22               SENATOR DeFRANCISCO:   Well, I do 

23  not know the number.  And it would depend on 

24  the wealth of the individual at the time of 

25  their death.  I don't know the number.  I 

                                                               4885

 1  would assume that there should be some 

 2  reduction in the estate tax, but the offset of 

 3  the other taxes outweighs what reductions in 

 4  the estate tax would be.  

 5               And I would ask if Senator 

 6  Krueger would yield to a question.

 7               ACTING PRESIDENT GRIFFO:    

 8  Senator Krueger, would you yield?  

 9               Let me ask the chamber to please 

10  come to order -- it's getting a little noisy 

11  here -- so the members can hear each other.  

12               Senator Krueger, do you yield?

13               SENATOR KRUEGER:   Happily.

14               ACTING PRESIDENT GRIFFO:    

15  Senator DeFrancisco, Senator Krueger yields.

16               SENATOR DeFRANCISCO:   Senator 

17  Krueger, your district is probably one of if 

18  not the highest-wealth district in the state.  

19  Have you ever run into a situation where 

20  people left the State of New York and one of 

21  the considerations was the high estate tax 

22  that would substantially reduce the estate 

23  that would be passed on to their families?  

24               SENATOR KRUEGER:   Through you, 

25  Mr. President, sometimes I hear people say 

                                                               4886

 1  that they might do that to me.  

 2               But if you look at the data, not 

 3  just for my own district but for the State of 

 4  New York, we are actually not losing 

 5  millionaires to flight.  We are actually -- 

 6  certainly in my district, and I believe it's a 

 7  statewide statistic, we are gaining 

 8  millionaires, even though we currently have an 

 9  estate tax.

10               So I think that for wealthy 

11  people as well as other people, they just love 

12  New York so much and they love my district so 

13  much that they stay here.  And I hear far more 

14  from people who say "I care about the state, I 

15  care about public services, I'm rich, I can 

16  afford to pay the taxes, it's okay."  I hear 

17  far more from them than constituents who tell 

18  me that's it, they're moving out of state 

19  because of estate taxes.

20               SENATOR DeFRANCISCO:   I'd love 

21  to see the study that you're talking about in 

22  general terms, if you can could provide it to 

23  me at some point.

24               SENATOR KRUEGER:   Through you, 

25  Mr. President, I would be happy to share 

                                                               4887

 1  various studies -- probably not here on the 

 2  floor tonight -- about the population changes 

 3  and the demographics of where the wealthy in 

 4  this country live and the reasons that they go 

 5  from Point A to Point B, because there 

 6  actually have been some very good economic 

 7  studies done.

 8               But for the record, the sponsor's 

 9  own memo to his bill agrees with me that it 

10  would cost the State of New York $500 million 

11  when fully phased in.  So it wasn't my number, 

12  it's actually the sponsor's memo's number.

13               If the sponsor would continue to 

14  yield.

15               ACTING PRESIDENT GRIFFO:    

16  Senator DeFrancisco, do you yield?  

17               SENATOR DeFRANCISCO:   Yes.  

18               And I'd love to see the memo that 

19  she's referring to, because it's not the memo 

20  that I have.

21               SENATOR KRUEGER:   We can show 

22  you on the iPad.  I don't have the paper, but 

23  it's the --

24               ACTING PRESIDENT GRIFFO:   If the 

25  members could please direct through the chair.

                                                               4888

 1               SENATOR KRUEGER:   I'm sorry.  I 

 2  was saying --

 3               SENATOR LIBOUS:   Mr. President, 

 4  if I may, there's a lot of chatter going on 

 5  back here.  We've got a lot of business to 

 6  do.  I know that it's very important; we want 

 7  to hear the debate between Senator Krueger and 

 8  Senator DeFrancisco.  

 9               So if meetings that are taking 

10  place in the chamber by members could be 

11  placed outside the chamber -- because I know 

12  members don't mind leaving the chamber -- and 

13  we'll proceed.  

14               (Laughter.)

15               SENATOR LIBOUS:   Thank you, 

16  Mr. President.

17               SENATOR KRUEGER:   I'm sorry, 

18  Mr. President, through you.  I have handed the 

19  Senator an iPad that has the call-up of the 

20  memo that said that it would cost 

21  $500 million.  It might not be the same as 

22  what's printed out.

23               SENATOR DeFRANCISCO:   No, it 

24  is.  Mine was cut off.  And you are correct.  

25               But again, that is offset by the 

                                                               4889

 1  increases in income by keeping these people in 

 2  the State of New York.

 3               SENATOR KRUEGER:   Through you, 

 4  Mr. President, if the sponsor would continue 

 5  to yield.

 6               SENATOR DeFRANCISCO:   Yes, 

 7  please.

 8               SENATOR KRUEGER:   Thank you.

 9               There has been concerns raised by 

10  organizations, not-for-profit organizations, 

11  that reducing the estate tax -- which this 

12  bill would do -- actually discourages 

13  charitable donations, since there's no 

14  motivation to reduce an estate because there's 

15  not an estate tax to be paid.

16               Has the Senator taken into 

17  consideration the impact on New York's great 

18  not-for-profit philanthropic and charitable 

19  institutions if we were to pass this law 

20  decreasing the motivation to make charitable 

21  gifts prior to becoming deceased?  

22               SENATOR DeFRANCISCO:   Again, I 

23  don't know how you'd compute that.  And I 

24  don't know how you'd get in someone's head and 

25  determine that they are more likely to give 

                                                               4890

 1  charitable donations by way of their wills and 

 2  at the time of their death.

 3               I would think there would be more 

 4  of an incentive to try to keep these people in 

 5  the State of New York so again, while they're 

 6  living, they donate to various charities.

 7               One example in upstate New York 

 8  is Tom Golisano, who was a candidate for 

 9  governor at one time.  He didn't even live in 

10  Syracuse, but he gave a million-dollar 

11  donation and he's the naming individual for a 

12  children's hospital in Syracuse.  

13               He left.  He's now in Florida, 

14  giving, during his lifetime, because he's 

15  still alive -- and again, people make these 

16  decisions during their lifetime -- giving 

17  donations to various charitable organizations 

18  in the State of Florida now, because now he's 

19  a Florida resident.  That's what I'm trying to 

20  avoid.

21               SENATOR KRUEGER:   Through you, 

22  Mr. President, if the sponsor would continue 

23  to yield.

24               SENATOR DeFRANCISCO:   Yes.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4891

 1  sponsor yields.

 2               SENATOR KRUEGER:   I know the 

 3  political consultants in the state are also 

 4  very upset that Mr. Golisano left New York 

 5  State and no longer is running for office, 

 6  because he was spreading quite a bit of his 

 7  money around in political campaigns.

 8               SENATOR DeFRANCISCO:   There you 

 9  go.

10               SENATOR KRUEGER:   There you go.  

11  So --

12               SENATOR DeFRANCISCO:   There you 

13  go.  And the consultants pay taxes on their 

14  income.

15               ACTING PRESIDENT GRIFFO:    

16  Members -- members, please direct comments 

17  through the chair.

18               SENATOR KRUEGER:   I apologize, 

19  Mr. President.

20               ACTING PRESIDENT GRIFFO:    

21  Senator Krueger, are you on the bill?  

22               SENATOR KRUEGER:   No, I'm still 

23  asking questions of my colleague Senator 

24  DeFrancisco, if he is willing to yield.

25               SENATOR DeFRANCISCO:   Yes.

                                                               4892

 1               ACTING PRESIDENT GRIFFO:    

 2  Senator DeFrancisco yields.

 3               SENATOR KRUEGER:   Thank you.

 4               How many people in the State of 

 5  New York would this bill affect?

 6               SENATOR DeFRANCISCO:   Presently, 

 7  the people that would have a federal taxable 

 8  estate presently in this year is about 4,000.  

 9               But we would like to think that 

10  because of the great policies of this Governor 

11  and this body and the rest of the Legislature, 

12  that we would create more millionaires by 

13  providing a good business climate, so that 

14  they would be paying even more taxes in 

15  future.  

16               And in addition, it's not only 

17  millionaires, it's individuals with lesser 

18  estates that would be taxed if this bill did 

19  not pass.

20               SENATOR KRUEGER:   Through you, 

21  Mr. President, if the sponsor would continue 

22  to yield.

23               SENATOR DeFRANCISCO:   Yes.

24               ACTING PRESIDENT GRIFFO:   The 

25  sponsor yields.

                                                               4893

 1               SENATOR KRUEGER:   I'm confused 

 2  by my colleague's last answer because my 

 3  understanding is the estate tax only kicks in 

 4  currently for estates above a million dollars 

 5  a year.  So how would it affect people who 

 6  were not millionaires?

 7               SENATOR DeFRANCISCO:   Well, it 

 8  depends on what your definition of 

 9  millionaire -- if you say that it's simply the 

10  assets, the amount of assets they have, then 

11  you're absolutely right.

12               I would think that individuals, 

13  although at the time of their death they may 

14  own a million dollars of assets, we would hope 

15  that there would be more in that pool that -- 

16  if we maintain the ability to keep these 

17  people here.

18               And aspiring millionaires.  Some 

19  people that may not be in that category may 

20  decide when they're moving in that direction 

21  that they'd like to leave the State of 

22  New York if they're acquiring more and more 

23  assets.

24               SENATOR KRUEGER:   Through you, 

25  Mr. President, on the bill.

                                                               4894

 1               ACTING PRESIDENT GRIFFO:    

 2  Senator Krueger on the bill.

 3               SENATOR KRUEGER:   Thank you.

 4               Just to deal with some of the 

 5  facts.  This bill would reduce our revenue by 

 6  approximately half a billion dollars a year.  

 7  It would be a tax reduction for the very 

 8  wealthiest children of the very wealthiest 

 9  New Yorkers.  Because remember, this would not 

10  apply to the person's estate until they were 

11  deceased and wouldn't actually kick in until 

12  the person and their spouse was deceased.

13               So we're really talking about a 

14  significant tax reduction for the offspring of 

15  the wealthiest 2, 3 percent of the citizens of 

16  New York State.

17               Now, I understand why they would 

18  like a reduction in their estate taxes or why 

19  their offspring would very much like a 

20  reduction in the tax on their parent or 

21  parents' estate.

22               But we're going to pay for it.  

23  Or the 96, 97, 98 percent of New Yorkers who 

24  don't fall into this category are actually 

25  going to pay for it.  Because if we reduce the 

                                                               4895

 1  estate tax revenue to our coffers by 

 2  $500 million -- and by the way, I think this 

 3  is the third bill we've done this week 

 4  reducing our tax revenue by $500 million.  

 5               So when we're doing all these 

 6  bills to reduce revenue, somebody's going to 

 7  pay for it.  Either the rest of us are going 

 8  to pay higher taxes to make up for that lost 

 9  revenue, or we're going to be asked, as the 

10  state, to cut our education funding, our 

11  healthcare funding, our human services 

12  funding, our aid to localities funding.  

13  Because that's how it works:  Either you've 

14  got the revenue or you've got to cut the 

15  budget.

16               So in the bigger picture, I'm not 

17  sure that really the best plan for New York 

18  State at the moment is to actually give a 

19  whopping tax reduction to the children of the 

20  wealthiest members of New York State.

21               Now, there's been a national 

22  argument about this, and in fact nationally 

23  the federal estate tax has gone down.  And so 

24  there's already, in my opinion, been a 

25  generous giveaway at the federal level on the 

                                                               4896

 1  estate tax.  So this would be just adding to 

 2  that largesse, where the estate tax at the 

 3  federal government level has dropped 

 4  significantly.  Although there might be 

 5  something done about that soon enough.

 6               So in addition to my concerns 

 7  from the public policy perspective about 

 8  New York State not reducing the estate tax 

 9  revenue that we need at this point in history, 

10  it also disturbs me that when I go looking for 

11  the organizations who have been proposing 

12  these kinds of bills around the country, I 

13  find that this is a model bill for ALEC, the 

14  American Legislative Exchange Council.

15               Now, I could not make the hearing 

16  last week, but my colleague Senator Daniel 

17  Squadron did have a hearing about the concerns 

18  around the organization ALEC and the types of 

19  bills that they are aggressively lobbying, 

20  writing, submitting through state houses all 

21  over the country.

22               So I am equally concerned that 

23  this house should not be encouraging that 

24  organization by supporting or voting for their 

25  bills.  That we can't afford to reduce the 

                                                               4897

 1  revenue needed to the State of New York by yet 

 2  another $500 million through the passage of 

 3  this bill.

 4               Now, I'm pretty sure this is not 

 5  a bill that would go through both houses, but 

 6  I don't know.  I don't believe it's moved in 

 7  the Assembly as of tonight.  But we still have 

 8  through tomorrow.

 9               But again -- and we don't know 

10  which of the many, many bills at the end of 

11  session might actually ever become laws.  But 

12  I think when we add up -- perhaps by tomorrow 

13  I'll be able to do this for my colleagues -- 

14  the costs, not within the budget, but outside 

15  of the budget process in the last few days of 

16  session, the total dollar value of bills that 

17  will have passed this house with costs of lost 

18  revenue without any countervailing explanation 

19  of what we will do or how we will make up for 

20  that revenue, it's going to add up to billions 

21  of dollars.

22               Now, some of those bills I'll 

23  take a look at and I will tell you I will have 

24  voted for, even though I would have had and do 

25  have concern about how you do bills that cost 

                                                               4898

 1  large sums of money without explaining how 

 2  you're going to balance your budget when you 

 3  lose that money.  

 4               But again, this is an example to 

 5  me of exactly the kind of law that should not 

 6  go on our books at this point in time.  We 

 7  should not be losing $500 million in revenue 

 8  to the State of New York by a gift, so to 

 9  speak, to the estates of the wealthiest 

10  New Yorkers.  

11               And I am confident that people 

12  who love New York, who love living here in 

13  New York, and who love spending their 

14  retirement years here in New York, even if 

15  it's past their earning stages in their lives, 

16  are not going to choose to leave the State of 

17  New York because we don't pass this bill into 

18  law.

19               I'm urging my colleagues to vote 

20  no, Mr. President.  Thank you very much.

21               ACTING PRESIDENT GRIFFO:    

22  Senator Rivera.

23               SENATOR RIVERA:   On the bill, 

24  Mr. President.

25               ACTING PRESIDENT GRIFFO:    

                                                               4899

 1  Senator Rivera on the bill.

 2               SENATOR RIVERA:   I seem to 

 3  remember about a year ago, maybe a little bit 

 4  more than that, we were having a very vigorous 

 5  bill on the floor of the Senate, Senator 

 6  DeFrancisco and I, a very similar 

 7  conversation.  And I remember then how many of 

 8  the same things that Senator DeFrancisco said 

 9  now in this debate were said then.  

10               First of all, I'll state for the 

11  record that yes, Mr. Golisano has left our 

12  great state, and I believe we are the better 

13  for it.  I said it last year, I'll say it 

14  again.

15               But more importantly than that, 

16  there is no evidence besides belief that says 

17  that higher taxes lead to people going away.  

18  Certainly folks like Golisano, it does lead to 

19  certain individuals like that.  

20               But when wealthy individuals -- 

21  and there's plenty of evidence that points to 

22  this -- make decisions about where to live, 

23  they make decisions based on where educational 

24  institutions are, or cultural institutions 

25  are, or where access is to other wealthy folks 

                                                               4900

 1  that are in their same social strata.  

 2               So I believe that there's again 

 3  plenty of evidence that points to the fact 

 4  that there are people that are going to remain 

 5  in New York.  And a tax break like this is not 

 6  going to just -- because this exists now 

 7  doesn't mean that they're going to flee the 

 8  state.

 9               But one more point that I'd like 

10  to make is that we constantly speak about the 

11  idea that we are going to cut taxes so that 

12  t5he job creators -- not a phrase that's been 

13  used on the floor of the Senate, but certainly 

14  a phrase that's been used in the overall 

15  debate about taxes -- the job creators need 

16  tax breaks so they can create jobs.  

17               And as the evidence has pointed 

18  out time and time again, this is the idea of 

19  trickle-down economics.  It is an idea.  And 

20  people have here and elsewhere said "I believe 

21  that this is the way that the economy works." 

22  Well, when I was 8 years old, I believed in 

23  Santa Claus.  It doesn't make him any more 

24  real.  

25               Trickle-down economics does not 

                                                               4901

 1  work.  The idea of providing working-class 

 2  people, working and middle-class people that 

 3  spend every single day -- that spend on food, 

 4  that spend on clothing, that spend, you know, 

 5  every single day -- when you have these people 

 6  spending, it spurs consumer demand, which 

 7  means that more businesses get to operate.  So 

 8  that's the big issue that I have whenever 

 9  we're talking about a tax break like this.  

10               So I will be voting in the 

11  negative, Mr. President, because again, when 

12  we're having conversations about tax policy on 

13  the floor of the Senate, I do believe that we 

14  should talk about consumer demand, we should 

15  talk about how the spending of the middle- and 

16  working-class people are the ones that drive 

17  actual economic recovery, and not tax breaks 

18  for the wealthy.  It has not worked before; it 

19  will not work now.  

20               Thank you, Mr. President.  I vote 

21  in the negative.

22               ACTING PRESIDENT GRIFFO:   Seeing 

23  and hearing no other Senator wishing to be 

24  heard, the debate is closed.  

25               The Secretary will ring the bell.

                                                               4902

 1               Read the last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call 

 5  the roll.

 6               (The Secretary called the roll.)

 7               ACTING PRESIDENT GRIFFO:   Can I 

 8  have some order in the chamber.

 9               Senator DeFrancisco to explain 

10  his vote.

11               SENATOR DeFRANCISCO:   I just 

12  wanted to respond to just a couple of points 

13  that were made.  

14               First of all, I'm not a member of 

15  ALEC.  I don't know what their legislative 

16  agenda is.  This is part of my legislative 

17  agenda.  And I'm not in the habit of taking 

18  the legislative agenda of any group and moving 

19  legislation.

20               This is a bill that I believe in, 

21  and I think my arguments are accurate.  I know 

22  there's a difference of opinion.

23               Secondly, as far as it's a good 

24  thing that Tom Golisano left, I know that the 

25  Senator, Senator Rivera, said it tongue to 

                                                               4903

 1  cheek.  But I don't think it's ever a good 

 2  situation when someone who does contribute 

 3  substantially to the community in taxes, 

 4  income taxes, as well as charitable 

 5  contributions, leaves.  And I think our 

 6  policies have to be consistent with the policy 

 7  that will keep these individuals here in the 

 8  State of New York.

 9               And I vote aye.

10               ACTING PRESIDENT GRIFFO:    

11  Senator DeFrancisco to be recorded in the 

12  affirmative.

13               Announce the results.

14               THE SECRETARY:   In relation to 

15  Calendar Number 1411, those recorded in the 

16  negative are Senators Adams, Dilan, Gianaris, 

17  Hassell-Thompson, Krueger, Montgomery, 

18  Peralta, Perkins, Rivera, Savino, Serrano, 

19  Squadron, Stavisky and Stewart-Cousins.  

20               Ayes, 46.  Nays, 14.

21               ACTING PRESIDENT GRIFFO:   The 

22  bill is passed.

23               The Secretary will continue to 

24  read.

25               THE SECRETARY:   Calendar Number 

                                                               4904

 1  1415, by Senator Ball, Senate Print 7165A, an 

 2  act to amend the Tax Law.

 3               ACTING PRESIDENT GRIFFO:   An 

 4  explanation has been requested by Senator 

 5  Krueger, Senator Ball.

 6               SENATOR BALL:   This bill is 

 7  7165A.  

 8               And as we all know, in 2011 the 

 9  MTA tax was repealed for approximately 300,000 

10  businesses.  Unfortunately, those who are 

11  self-employed earning over $50,000 annually 

12  were left out.  And this legislation would 

13  repeal, for a large percentage of those, the 

14  imposition of the MTA payroll tax on earnings 

15  specifically from self-employment.

16               ACTING PRESIDENT GRIFFO:   I need 

17  some order in the chamber, please.

18               Senator Krueger.

19               SENATOR KRUEGER:   Would the 

20  sponsor please yield.

21               ACTING PRESIDENT GRIFFO:    

22  Senator Ball, do you yield?  

23               SENATOR BALL:   Absolutely.

24               SENATOR KRUEGER:   Could the 

25  sponsor let me know what the fiscal cost to 

                                                               4905

 1  the MTA would be on an annual basis if this 

 2  became law?  

 3               SENATOR BALL:   So the estimate 

 4  that we have right now is that the impact 

 5  would be to provide tax relief to 

 6  approximately 63,000 taxpayers.  And we're 

 7  looking at an impact to the MTA of 

 8  approximately $21 million.

 9               SENATOR KRUEGER:   Through you, 

10  Mr. President, if the sponsor would continue 

11  to yield.

12               ACTING PRESIDENT GRIFFO:    

13  Senator Ball, do you yield?  

14               SENATOR BALL:   Yes.

15               SENATOR KRUEGER:   Thank you.  

16               So when the Senator was giving an 

17  explanation of the bill, he referenced back to 

18  the action earlier in this year when both 

19  houses of the Legislature -- perhaps it was 

20  last year, I'm confused -- where we actually 

21  did make a change in the MTA payroll tax for 

22  businesses.  But we also followed through and 

23  had a correlated arrangement that the MTA 

24  would be made whole through other monies 

25  provided through the budget.

                                                               4906

 1               Would this bill in some way also 

 2  make the MTA whole for the $21 million in 

 3  revenue they would lose through this bill?

 4               SENATOR BALL:   No, it -- 

 5  Mr. President, what we're talking about when 

 6  we talk about the MTA payroll tax, a tax that 

 7  was instituted during a time when our economy 

 8  was and continues to be hemorrhaging jobs, the 

 9  very idea of taxing payroll in the worst 

10  economic recession that we've seen since the 

11  Great Depression is absolutely beyond any 

12  order of common sense.  

13               And it continues to amaze me how 

14  some on the other side continue to worry about 

15  government and authorities such as the MTA 

16  when really the focus needs to be on small 

17  businesses, on taxpayers, on seniors, on 

18  people who are losing their jobs.  

19               We're talking about the MTA, an 

20  organization that at one point had two sets of 

21  books, $21 million.  When we talk about the 

22  amount of waste and abuse and fraud, including 

23  corruption, including the construction of 

24  headquarters down at 2 Broadway, including mob 

25  infiltration, I think that it is within the 

                                                               4907

 1  taxpayers' best interest that the MTA actually 

 2  be put in a situation where they have to look 

 3  at a closer set of details at their own books 

 4  and find a way to save the $21 million, and at 

 5  the same time deliver that tax relief to the 

 6  63,000 taxpayers right now, the self-employed, 

 7  the little guys.  

 8               This bill helps the little guy, 

 9  the guy who was caught in a hole in the 

10  initial repeal when some of the businesses had 

11  been taken out -- thank God, 80 percent of 

12  those paying.  But it's the little guy, the 

13  self-employed, that has been left to pay this 

14  horrific and onerous tax.  

15               So my focus and the focus on our 

16  side is to provide the tax relief to the 

17  self-employed, to small businesses, the 

18  taxpayers who are struggling.  And I leave the 

19  savings of the $21 million to the MTA and to 

20  the new leadership there.

21               SENATOR KRUEGER:   Through you, 

22  Mr. President, if the sponsor would continue 

23  to yield.

24               SENATOR BALL:   Sure.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4908

 1  sponsor yields.

 2               SENATOR KRUEGER:   Thank you.

 3               Can the sponsor tell me what the 

 4  estimated or average tax saving would be to 

 5  those 63,000 people, I believe the number that 

 6  he said that would find relief under this 

 7  bill?  

 8               SENATOR BALL:   It's going to 

 9  vary upon the individual.  But the bill would 

10  provide a graduated rate of tax.  For the 

11  self-employed with a net business income 

12  between $250,000 and $300,000, it would go to 

13  0.11 percent.  And then 0.23 percent on net 

14  business income from $300,000 to $350,000.  

15  And those paying between $50,000 to $250,000 

16  would no longer have to pay.

17               So it would be a graded scale 

18  according to those percentages.  But those 

19  paying currently, the self-employed between 

20  $50,000 to $250,000, those would be eliminated 

21  from the tax.

22               SENATOR KRUEGER:   Through you, 

23  Mr. President, on the bill.

24               ACTING PRESIDENT GRIFFO:   

25  Senator Krueger on the bill.

                                                               4909

 1               SENATOR KRUEGER:   Thank you.

 2               I appreciate the sponsor's 

 3  answers to my questions.  

 4               And you know, I'm going to vote 

 5  for his bill.  I do think that there was an 

 6  inequity when we made the change to the MTA 

 7  payroll tax and lowered it for businesses 

 8  below a certain amount but didn't do the same 

 9  for individual self-employed people.

10               Now, I am very concerned that 

11  this bill isn't making up for the loss of 

12  $21 million, because I don't necessarily agree 

13  with the sponsor when he makes the argument 

14  that if the MTA's had a history of fraud, that 

15  the solution is to reduce money.  

16               I actually think the stories of 

17  the MTA and fraud go back now to 2007-2008.  

18  And in fact the Office of the State 

19  Comptroller has audited them 18 times since 

20  then.  There has been a total change in 

21  leadership of the MTA -- actually, several 

22  changes in leadership of the MTA since that 

23  time.  

24               And the fact is this body, this 

25  government has a responsibility to ensure 

                                                               4910

 1  quality public transportation for the 

 2  12-county region that the MTA covers.  Because 

 3  I think my colleague would agree with me that 

 4  if we were to shut down Metro-North or 

 5  significantly increase the price of the 

 6  tickets on Metro-North or Long Island Railroad 

 7  or the New York City subway and bus system, 

 8  that we would have enormous impacts, far, far 

 9  greater than a $21 million discussion.  

10               So I'm torn between actually 

11  recognizing that the sponsor is attempting to 

12  correct an inequity between how the MTA 

13  payroll tax works for corporations versus 

14  independent self-employed people.  But this is 

15  now multiple times that this body has ended up 

16  reducing revenue to the MTA without making up 

17  for it -- and frankly, we will all pay a very 

18  serious price for not making sure the MTA is 

19  adequately funded to be a 21st-century 

20  mass transit system.  

21               But I will be voting yes.  Thank 

22  you, Mr. President.

23               ACTING PRESIDENT GRIFFO:   Seeing 

24  and hearing no other Senator wishing to be 

25  heard, the debate is closed.  

                                                               4911

 1               The Secretary will ring the bell.

 2               Read the last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect on the first of July.

 5               ACTING PRESIDENT GRIFFO:   Call 

 6  the roll.

 7               (The Secretary called the roll.)

 8               ACTING PRESIDENT GRIFFO:    

 9  Senator Saland to explain his vote.

10               Please, order in the chamber.

11               SENATOR SALAND:   Thank you, 

12  Mr. President.  I rise in support of this 

13  bill.  

14               The MTA's budget currently is 

15  about $13.8 billion, expected to be $15.6 or 

16  $15.7 billion within the next two to three 

17  years.  It grows generally well at above the 

18  rate of inflation.  It has a history of 

19  overestimating its expenses, underestimating 

20  its revenues.  

21               This $21 million is such an 

22  infinitesimally small part of that 

23  $13.8 billion as to have such a string of 

24  zeros in front of it, as to defy the inability 

25  of that organization to come up with this 

                                                               4912

 1  money.

 2               This tax is a burden, it's a 

 3  burden -- remains a burden on big business and 

 4  it certainly a burden on smaller businesses.  

 5  This tax shouldn't have been in the first 

 6  place.  This is yet another incremental step 

 7  in removing it.  We have to do more.  We have 

 8  to hold the MTA's feet to the fire.

 9               Thank you, Mr. President.  I vote 

10  in the affirmative.

11               ACTING PRESIDENT GRIFFO:    

12  Senator Saland to be recorded in the 

13  affirmative.

14               Senator Ball to explain his vote.

15               SENATOR BALL:   I would like to 

16  thank the leadership of the Majority Leader, 

17  Senator Dean Skelos, for allowing this to come 

18  to the floor.  

19               And I know that many of us have 

20  been active on this, whether it be Senator 

21  Saland or Senator Zeldin, who is known as "the 

22  giant-slayer" on the MTA payroll tax, and 

23  Senator Martins and others.  We have been 

24  fighting this for some time.

25               You know, it's absolutely 

                                                               4913

 1  critical that those few people who are 

 2  watching realize what has happened here.  This 

 3  is the problem with instituting any new tax.  

 4  We now are in a position where we have to 

 5  fight tooth and nail to get rid of this.  And 

 6  elections matter.  

 7               And we now have to fight every 

 8  single moment.  And what do we consistently 

 9  hear?  We consistently hear -- and the quote 

10  was, and the concern is, "Well, we're reducing 

11  revenue to the MTA without making up for it."  

12               First, it's not revenue, folks.  

13  It's not a business.  It's tax dollars.  

14  New York State government is not a business.  

15  If it was, it would have been bankrupt a long 

16  time ago.  

17               Reducing revenue to the MTA 

18  without making up for it -- making up for it, 

19  what does that mean?  Another tax increase.  

20  No, we're not doing that.  The MTA needs to 

21  make up for it by balancing their books and 

22  doing right by the taxpayers in the State of 

23  New York.  

24               And if we consistently made 

25  decisions like that in this chamber and over 

                                                               4914

 1  there, this state would be in a better 

 2  position and be more fiscally responsible, and 

 3  more people would be staying here, young and 

 4  old, than leaving and leading this nation in 

 5  out-migration, as we do today.  

 6               So thank you, everybody.  It was 

 7  a team effort for working on this and getting 

 8  this done.  And let's continue the fight to 

 9  kill this horrific tax.

10               ACTING PRESIDENT GRIFFO:    

11  Senator Ball to be recorded in the 

12  affirmative.

13               Senator Martins to explain his 

14  vote.

15               SENATOR MARTINS:   Thank you, 

16  Mr. President.

17               You know, the MTA has a 

18  $14 billion budget.  We're talking about 

19  $21 million that's going to impact 63,000 

20  small businesses; actually, the quintessential 

21  small business, the self-employed individual.  

22               We can impact the economy in a 

23  way that actually makes sense.  And what we're 

24  talking about here is $21 million out of a 

25  $14 billion budget, which is 1.5 percent.  

                                                               4915

 1               You know, we talk about how we 

 2  need to make the MTA whole.  I want to 

 3  congratulate my colleague Senator Ball, 

 4  because he's put the focus where it should 

 5  be.  It's not about making the MTA whole to 

 6  the tune of 1.5 percent of their overall 

 7  budget, it's about looking at it realistically 

 8  and making the taxpayer whole.

 9               Because when you think about it, 

10  that's what we're doing here.  We've asked our 

11  taxpayers to dip into their pockets, we've 

12  asked our small businesses to dip into their 

13  pockets time and time again.  And we should 

14  start thinking about those efforts that we 

15  need to take as a government to make our 

16  taxpayers whole.  

17               And if that means the MTA has to 

18  tighten its belt to the tune of 1.5 percent of 

19  their overall budget, I'm all for it.  

20               Mr. President, I vote aye.

21               ACTING PRESIDENT GRIFFO:    

22  Senator Martins will be recorded in the 

23  affirmative.

24               Senator Zeldin to explain his 

25  vote.

                                                               4916

 1               SENATOR ZELDIN:   I also want to 

 2  rise and commend Senator Ball for bringing 

 3  this bill to the floor.  I rise in strong 

 4  support.  

 5               I made a commitment to the voters 

 6  of my particular Senate district when I ran in 

 7  2010 that I would work as hard as I could 

 8  every day on the job to fight for repeal of 

 9  the MTA payroll tax.  And I'm so proud that 

10  I've been able to join my fellow freshmen and 

11  other colleagues who have helped guide this 

12  issue along its way this last year and a 

13  half.  

14               But I made a commitment to them 

15  that I'd fight as hard as I could, and my 

16  colleagues made a commitment that they would 

17  fight as hard as they could to their 

18  constituents, to the taxpayers.  

19               This was a bad idea in the first 

20  place.  It was a bonehead decision.  The 

21  federal government's busy bailing out Bear 

22  Stearns and Fannie Mae and Freddie Mac and 

23  AIG -- and when the MTA needed money and they 

24  were in need of a handout, they came to 

25  Albany.  And instead of asking them, How are 

                                                               4917

 1  you going to tighten your belts, how can you 

 2  find a way to come up with this money on your 

 3  own, instead, we never asked the tough 

 4  questions.  

 5               Yes, Comptroller DiNapoli was.  

 6  He does have a dozen and a half audits where 

 7  he finds the hundreds of millions of dollars 

 8  in the personal and miscellaneous service 

 9  contracts that could be saved, the hundreds of 

10  millions of dollars in overtime abuse that 

11  could be saved.  The money was there.  

12               And this body, instead of asking 

13  those tough questions, just gave a handout to 

14  the MTA.  

15               It's important that we support 

16  our nation's largest mass transit system, and 

17  we will continue to do that, because that is 

18  our commitment.  But on top of that 

19  commitment, this conference has a commitment 

20  that we made to the taxpayers.  Because that's 

21  important too.  

22               This bill can be implemented, the 

23  MTA payroll tax can be repealed, and we can do 

24  it without increasing fares and cutting 

25  services.  And that is why I am here in this 

                                                               4918

 1  particular seat, that's why Senator Ball is in 

 2  his, Senator Martins is in his, because of our 

 3  commitment to the voters.  

 4               I vote aye.

 5               ACTING PRESIDENT GRIFFO:    

 6  Senator Zeldin to be recorded in the 

 7  affirmative.

 8               Senator Squadron to explain his 

 9  vote.

10               SENATOR SQUADRON:   Thank you 

11  very much, Mr. President.  

12               You know, it's really a shame, 

13  because I think that despite the very excited 

14  conversation that we've had here, this is a 

15  one-house bill.  So we're not actually solving 

16  the freelancers' penalty that was imposed in 

17  December when the MTA payroll tax was 

18  modified.  And it wasn't modified sufficiently 

19  for freelancers.  And this bill is something 

20  that might do that.  

21               And I actually don't agree with 

22  Senator Ball's explanation that the way the 

23  MTA should continue to provide bus and 

24  commuter rail and subway service is through 

25  magical thinking.  I think they need to do it 

                                                               4919

 1  through some form of revenue.  Unfortunately, 

 2  but that's reality.

 3               I do think that reforming the 

 4  freelancers' penalty that was imposed in 

 5  December is an important thing to do.  It's 

 6  Something I've been working with Senator Lanza 

 7  on since that time.  And this doesn't actually 

 8  do it in a complete way, but it is certainly a 

 9  nod to it, it's a one-house nod to it.  That's 

10  why I'm going to vote yes.  

11               I think that we do need to fund 

12  the MTA.  It needs to work.  It is the key to 

13  our economy.  And I'll vote yes on this today 

14  because the freelancers' penalty on the 

15  reformed payroll tax that continues doesn't 

16  make sense.  But this, unfortunately, is not 

17  going to solve the problem.  

18               Thank you, Mr. President.  I vote 

19  aye.

20               ACTING PRESIDENT GRIFFO:    

21  Senator Squadron to be recorded in the 

22  affirmative.

23               Senator LaValle to explain his 

24  vote.

25               SENATOR LaVALLE:   Thank you, 

                                                               4920

 1  Mr. President.

 2               It's very simple.  This tax is 

 3  toxic to a region, has hurt a region 

 4  economically.  It should never have been 

 5  passed, never.  And I don't know what we're 

 6  debating.  

 7               This is very simple.  This is 

 8  $21 million, and that $21 million would help a 

 9  lot of the taxpayers in the downstate region.

10               So, Senator Squadron, this should 

11  pass both houses, because if something is 

12  wrong, it is wrong.  And it's our job to make 

13  it right.  I vote aye.

14               ACTING PRESIDENT GRIFFO:    

15  Senator LaValle to be recorded in the 

16  affirmative.

17               Senator Parker to explain his 

18  vote.

19               SENATOR PARKER:   Thank you, 

20  Mr. President.  

21               I want to thank Senator Ball for 

22  bringing this legislation to the floor and for 

23  raising a debate that's really important for 

24  us and really talking about small business 

25  development and thus job creation.  I think 

                                                               4921

 1  everybody in this chamber really wants to see 

 2  jobs grow, and we certainly want to see 

 3  businesses, particularly microbusinesses, grow 

 4  in our communities.  

 5               And none of us like to pay 

 6  taxes.  However, the harsh reality is that 

 7  government has to provide some services that 

 8  cannot be provided by the market.  And it's as 

 9  simple as that.  There's certain things like 

10  roads and transportation -- rich people would 

11  be able to get around, of course, without mass 

12  transit.  But you need people to come and 

13  clean your homes and, you know, deliver your 

14  Chinese food and whatever else things that 

15  people get delivered.  Right?  

16               And so how do those people get 

17  out to be your nannies and your housekeepers 

18  and those kinds of things?  They have to take 

19  mass transit.  And somebody has to pay for 

20  that.  And the people who -- we have to figure 

21  out how this happens.  

22               I mean, you know, I keep hearing 

23  people say that we can take away this money 

24  and it's not going to have an impact.  But if 

25  it's not going to have an impact, then someone 

                                                               4922

 1  needs to show me how we replace that money in 

 2  the system.  

 3               Or maybe we should check 

 4  everybody as they come into New York City and 

 5  say, Well, if you live in Hudson or Nassau or 

 6  Suffolk, you know, or Westchester, that you 

 7  can't ride mass transit, because you don't pay 

 8  any taxes to help supplement the system.

 9               ACTING PRESIDENT GRIFFO:   

10  Senator Parker.

11               SENATOR PARKER:   I just think 

12  this bill is well-meaning but it doesn't get 

13  us to the right place, and so I vote nay.

14               ACTING PRESIDENT GRIFFO:    

15  Senator Parker to be recorded in the negative.

16               Announce the results.

17               THE SECRETARY:   In relation to 

18  Calendar Number 1415, those recorded in the 

19  negative are Senators Adams, Dilan, Gianaris, 

20  Parker, Perkins, Rivera and Stavisky.

21               Ayes, 53.  Nays, 7.

22               ACTING PRESIDENT GRIFFO:   The 

23  bill is passed.

24               Senator Libous.

25               SENATOR LIBOUS:   Mr. President, 

                                                               4923

 1  could we return to motions, please.

 2               ACTING PRESIDENT GRIFFO:   We 

 3  will return to motions.

 4               SENATOR LIBOUS:   Mr. President, 

 5  on behalf of Senator Robach, I call up his 

 6  print, 7519A, which is now at the desk.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  1429, by Senator Robach, Senate Print 7519A, 

11  an act to amend the Education Law.

12               SENATOR LIBOUS:   I now move to 

13  reconsider the vote by which this bill was 

14  passed.

15               ACTING PRESIDENT GRIFFO:   Call 

16  the roll on reconsideration.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 60.

19               SENATOR LIBOUS:   Is there a 

20  substitution at the desk?

21               ACTING PRESIDENT GRIFFO:   The 

22  bill is before the house.

23               There is a substitution, and the 

24  Secretary will read.

25               THE SECRETARY:   In relation to 

                                                               4924

 1  Calendar Number 1429, Senator Robach moves to 

 2  discharge, from the Committee on Rules, 

 3  Assembly Bill Number 10216A and substitute it 

 4  for the identical Senate Bill Number 7519A, 

 5  Third Reading Calendar 1429.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  Substitution is so ordered.

 8               The Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  1429, by Member of the Assembly Gantt, 

11  Assembly Print Number 10216A, an act to amend 

12  the Education Law.

13               ACTING PRESIDENT GRIFFO:   Read 

14  the last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT GRIFFO:   Call 

18  the roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 60.

21               ACTING PRESIDENT GRIFFO:   The 

22  bill is passed.

23               Senator Libous.  

24               SENATOR LIBOUS:   Thank you, 

25  Mr. President.  If we could return to motions.

                                                               4925

 1               ACTING PRESIDENT GRIFFO:   

 2  Returning to motions, Senator Libous.

 3               SENATOR LIBOUS:   On behalf of 

 4  Senator Zeldin, Mr. President, on page 17 I 

 5  offer the following amendments to Calendar 

 6  Number 616, Senate Print 7087, and ask that 

 7  said bill retain its place on the Third 

 8  Reading Calendar.

 9               ACTING PRESIDENT GRIFFO:   The 

10  amendments are received, and the bill shall 

11  retain its place on third reading.  

12               Senator Libous.

13               SENATOR LIBOUS:   Mr. President, 

14  I believe at this time, if you would call on 

15  Senator Hassell-Thompson, she would like to 

16  make an announcement.

17               ACTING PRESIDENT GRIFFO:    

18  Senator Hassell-Thompson.

19               SENATOR HASSELL-THOMPSON:   Thank 

20  you, Mr. President.  There will be a meeting 

21  of the Democratic Conference at 8:00 p.m. in 

22  Room 315.

23               ACTING PRESIDENT GRIFFO:   There 

24  will be a meeting of the Democrat Conference 

25  at 8:00 p.m. in Room 315.

                                                               4926

 1               Senator Libous.

 2               SENATOR LIBOUS:   And thank you, 

 3  Senator Hassell-Thompson.  

 4               Mr. President, there will be a 

 5  meeting of the Rules Committee at 8:45 in 

 6  Room 332.

 7               ACTING PRESIDENT GRIFFO:   There 

 8  will be a meeting of the Rules Committee in 

 9  Room 332 at 8:45 p.m. promptly.

10               The Senate stands at ease.

11               (Whereupon, the Senate stood at 

12  ease at 6:53 a.m.)

13               (Whereupon, the Senate reconvened 

14  at 9:50 p.m.)

15               ACTING PRESIDENT GRIFFO:   The 

16  Senate will come to order.

17               Senator Libous.  

18               SENATOR LIBOUS:   Mr. President, 

19  if we could return to reports of standing 

20  committees, I believe there's a report of the 

21  Rules Committee at the desk.  I ask that it be 

22  read at this time.

23               ACTING PRESIDENT GRIFFO:   We 

24  will return to reports of standing 

25  committees.  

                                                               4927

 1               The Secretary will read the 

 2  report of the Rules Committee.

 3               THE SECRETARY:   Senator Skelos, 

 4  from the Committee on Rules, reports the 

 5  following bills:  

 6               Senate Print 1789, by Senator 

 7  Stavisky, an act to amend the Education Law; 

 8               3193A, by Senator Ranzenhofer, an 

 9  act to amend the Tax Law;

10               4225B, by Senator Lanza, an act 

11  to amend the Judiciary Law; 

12               6029, by Senator Lanza, an act to 

13  amend the Public Health Law; 

14               6156, by Senator Ritchie, an act 

15  to amend the Executive Law;

16               6526A, by Senator Marcellino, an 

17  act to amend the Navigation Law; 

18               7013C, by Senator Little, an act 

19  to amend the Public Health Law; 

20               7312B, by Senator Seward, an act 

21  to amend the Insurance Law; 

22               7359A, by Senator Ball, an act to 

23  amend the Tax Law; 

24               7384A, by Senator Hannon, an act 

25  to amend the Social Services Law;

                                                               4928

 1               7424, by Senator O'Mara, an act 

 2  to amend the Real Property Tax Law; 

 3               7467, by Senator Lanza, an act to 

 4  amend the Navigation Law; 

 5               7700, by Senator Larkin, an act 

 6  to amend the Uniform City Court Act; 

 7               7734, by Senator O'Mara, an act 

 8  to amend the Navigation Law; 

 9               7756, by Senator Golden, an act 

10  to amend the Vehicle and Traffic Law; 

11               7766, by Senator Golden, an act 

12  to amend the Executive Law; 

13               7773, by Senator Hannon, an act 

14  to amend the Public Health Law; 

15               7775, by Senator Golden, an act 

16  to amend the Executive Law; 

17               7778, by Senator Ritchie, an act 

18  to amend the Public Health Law; 

19               7783, by Senator Flanagan, an act 

20  to amend the Education Law; 

21               7798, by Senator Zeldin, an act 

22  to amend a chapter of the Laws of 2012; 

23               And Senate 7800, by Senator 

24  Libous, an act to amend the Education Law.

25               All bills reported direct to 

                                                               4929

 1  third reading.

 2               ACTING PRESIDENT GRIFFO:    

 3  Senator Libous.

 4               SENATOR LIBOUS:   Mr. President, 

 5  could I move to accept the Rules report.

 6               ACTING PRESIDENT GRIFFO:   All in 

 7  favor of accepting the Committee on Rules 

 8  report signify by saying aye.

 9               (Response of "Aye.")

10               ACTING PRESIDENT GRIFFO:    

11  Opposed?  

12               (No response.)

13               ACTING PRESIDENT GRIFFO:   The 

14  Rules Committee report is accepted.

15               Senator Libous.

16               SENATOR LIBOUS:   Thank you.  

17  Thank you, Mr. President.  Could we please 

18  take up Supplemental Active List Number 2, 

19  please.

20               ACTING PRESIDENT GRIFFO:   The 

21  Secretary will read Supplemental Active List 

22  Number 2.

23               THE SECRETARY:   Calendar Number 

24  73, by Senator Griffo, Senate Print 5019D, an 

25  act to amend the Public Authorities Law.

                                                               4930

 1               ACTING PRESIDENT GRIFFO:   Read 

 2  the last section.

 3               THE SECRETARY:   Section 3.  This 

 4  act shall take effect December 31, 2013.

 5               ACTING PRESIDENT GRIFFO:   Call 

 6  the roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 60.

 9               ACTING PRESIDENT GRIFFO:   The 

10  bill is passed.  

11               THE SECRETARY:   On page 18, 

12  Senator Robach moves to discharge, from the 

13  Committee on Rules, Assembly Bill Number 9020B 

14  and substitute it for the identical Senate 

15  Bill Number 6429A, Third Reading Calendar 635.

16               ACTING PRESIDENT GRIFFO:   The 

17  substitution is so ordered.

18               The Secretary will read.

19               THE SECRETARY:   Calendar Number 

20  635, by Member of the Assembly Jaffee, 

21  Assembly Print 9020B, an act to amend the 

22  Labor Law.

23               ACTING PRESIDENT GRIFFO:   Read 

24  the last section.

25               THE SECRETARY:   Section 2.  This 

                                                               4931

 1  act shall take effect immediately.

 2               ACTING PRESIDENT GRIFFO:   Call 

 3  the roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 60.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  bill is passed.

 8               THE SECRETARY:   Calendar Number 

 9  725, by Senator Martins, Senate Print 3778D, 

10  an act to amend the Public Authorities Law.

11               ACTING PRESIDENT GRIFFO:   Read 

12  the last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect on the 30th day.

15               ACTING PRESIDENT GRIFFO:   Call 

16  the roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 60.

19               ACTING PRESIDENT GRIFFO:   The 

20  bill is passed.

21               THE SECRETARY:   Calendar Number 

22  919, by Senator Golden, Senate Print 2212A, an 

23  act to amend the Real Property Tax Law.

24               ACTING PRESIDENT GRIFFO:   Read 

25  the last section.

                                                               4932

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT GRIFFO:   Call 

 4  the roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 60.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  bill is passed.

 9               THE SECRETARY:   Calendar Number 

10  941, by Senator Gallivan, Senate Print 7249, 

11  an act to amend the Criminal Procedure Law.

12               ACTING PRESIDENT GRIFFO:   Read 

13  the last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT GRIFFO:   Call 

17  the roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   In relation to 

20  Calendar Number 941, those recorded in the 

21  negative are Senators Dilan, Duane, 

22  Hassell-Thompson, Krueger, Montgomery, Perkins 

23  and Rivera.

24               Ayes, 53.  Nays, 7.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4933

 1  bill is passed.

 2               THE SECRETARY:   On page 33, 

 3  Senator Little moves to discharge, from the 

 4  Committee on Rules, Assembly Bill Number 8604B 

 5  and substitute it for the identical Senate 

 6  Bill Number 4988B, Third Reading Calendar 

 7  1018.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  substitution is so ordered.

10               SENATOR BRESLIN:   Lay it aside.

11               ACTING PRESIDENT GRIFFO:   Lay 

12  the bill aside.

13               THE SECRETARY:   On page 33, 

14  Senator Ritchie moves to discharge, from the 

15  Committee on Rules, Assembly Bill Number 9960 

16  and substitute it for the identical Senate 

17  Bill Number 6778, Third Reading Calendar 1024.

18               ACTING PRESIDENT GRIFFO:   The 

19  substitution is so ordered.

20               The Secretary will read.

21               THE SECRETARY:   Calendar Number 

22  1024, by Member of the Assembly Magee, 

23  Assembly Print 9960, an act to amend the 

24  Agriculture and Markets Law.

25               ACTING PRESIDENT GRIFFO:   Read 

                                                               4934

 1  the last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call 

 5  the roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 60.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  bill is passed.

10               THE SECRETARY:   On page 35, 

11  Senator Savino moves to discharge, from the 

12  Committee on Rules, Assembly Bill Number 7508 

13  and substitute it for the identical Senate 

14  Bill Number 4112, Third Reading Calendar 1055.

15               ACTING PRESIDENT GRIFFO:   The 

16  substitution is so ordered.

17               The Secretary will read.

18               THE SECRETARY:   Calendar Number 

19  1055, by Member of the Assembly Wright, 

20  Assembly Print Number 7508, an act to amend 

21  the Workers' Compensation Law.

22               ACTING PRESIDENT GRIFFO:   Read 

23  the last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect immediately.

                                                               4935

 1               ACTING PRESIDENT GRIFFO:   Call 

 2  the roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 57.  Nays, 

 5  3.  Senators Farley, Gallivan, and O'Mara 

 6  recorded in the negative.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  bill is passed.

 9               THE SECRETARY:   On page 36, 

10  Senator Golden moves to discharge, from the 

11  Committee on Rules, Assembly Bill Number 9832 

12  and substitute it for the identical Senate 

13  Bill Number 6923A, Third Reading Calendar 

14  1076.

15               ACTING PRESIDENT GRIFFO:   The 

16  substitution is so ordered.

17               The Secretary will read.

18               THE SECRETARY:   Calendar Number 

19  1076, by Member of the Assembly Wright, 

20  Assembly Print Number 9832, an act to amend 

21  Chapter 678 of the Laws of 2007.

22               ACTING PRESIDENT GRIFFO:   Read 

23  the last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect immediately.

                                                               4936

 1               ACTING PRESIDENT GRIFFO:   Call 

 2  the roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 59.  Nays, 

 5  1.  Senator Ranzenhofer recorded in the 

 6  negative.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  bill is passed.

 9               THE SECRETARY:   On page 37, 

10  Senator Skelos moves to discharge, from the 

11  Committee on Rules, Assembly Bill Number 10622 

12  and substitute it for the identical Senate 

13  Bill Number 7517, Third Reading Calendar 

14  1087.

15               ACTING PRESIDENT GRIFFO:   The 

16  substitution is so ordered.  

17               There is a home-rule message at 

18  the desk.

19               The Secretary will read.

20               THE SECRETARY:   Calendar Number 

21  1087, by the Assembly Committee on Rules, 

22  Assembly Print 10622, an act to --

23               SENATOR GIANARIS:   Lay it aside.

24               ACTING PRESIDENT GRIFFO:   Lay 

25  the bill aside.

                                                               4937

 1               Senator Libous, that completes 

 2  the noncontroversial reading of Supplemental 

 3  Active List Number 2.  

 4               SENATOR LIBOUS:   Mr. President, 

 5  at this time could we have the controversial 

 6  reading of that calendar.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  Secretary will ring the bell.

 9               The Secretary will read.

10               THE SECRETARY:   Calendar Number 

11  1018, by Member of the Assembly Rosenthal, 

12  Assembly Print 8604B, an act to amend the Arts 

13  and Cultural Affairs Law.

14               SENATOR BRESLIN:   Explanation.

15               ACTING PRESIDENT GRIFFO:   An 

16  explanation has been requested by 

17  Senator Breslin, Senator Little.

18               SENATOR LITTLE:   Thank you, 

19  Mr. President.

20               This bill is so that a person, an 

21  artist or craftsperson who has given their 

22  artwork to a consignment, or a person who is 

23  the consignor, would not lose the ownership of 

24  that should the person die and move on.

25               And such trust property and trust 

                                                               4938

 1  fund shall be considered property held in 

 2  statutory trust, and no such trust property or 

 3  trust funds, meaning the artworks, shall 

 4  become the property of the consignee or be 

 5  subject or subordinate to any claims, liens or 

 6  security interest of any kind or nature 

 7  whatsoever of the consignee's creditors.

 8               So that should the person who is 

 9  the cosigner who is selling, you know, the 

10  artwork of an artist, should they come into 

11  financial problems, should they die, should 

12  they have estate problems, that it does not 

13  fall on the craftsman or the artist who 

14  brought their art there.

15               ACTING PRESIDENT GRIFFO:    

16  Senator Duane.

17               SENATOR DUANE:   Thank you, 

18  Mr. President.  Would the sponsor yield?  

19               ACTING PRESIDENT GRIFFO:    

20  Senator Little, do you yield to Senator 

21  Duane?  

22               SENATOR LITTLE:   Yes, I do.

23               SENATOR DUANE:   Why does this 

24  legislation only protect fine art being 

25  consigned by the artist or the artist's heir?  

                                                               4939

 1               SENATOR LITTLE:   I believe that 

 2  the reason for that is that's where the 

 3  deficiency was created and where the problem 

 4  arose.  

 5               And we're talking about art 

 6  galleries being an important art outlet for 

 7  such artist's work.  The galleries are 

 8  compensated for selling the artist's work, 

 9  usually by taking a percentage of the sale 

10  proceeds as a commission.  And those 

11  commissions are such, you know, can range in 

12  different amounts.  But many galleries do not 

13  segregate the portion of the sales proceeds 

14  that belong to the artist from the portion of 

15  the sales proceeds that is owed to the 

16  gallery.

17               So it's probably more complicated 

18  than we see happen very often.  But when it 

19  does happen, the artist in question loses out 

20  and loses control of their artwork.

21               SENATOR DUANE:   And through you, 

22  Mr. President, if the sponsor would continue 

23  to yield.

24               ACTING PRESIDENT GRIFFO:   The 

25  sponsor yields.

                                                               4940

 1               SENATOR LITTLE:   I will try to 

 2  answer.

 3               ACTING PRESIDENT GRIFFO:   Yes.

 4               SENATOR DUANE:   The sponsor 

 5  referred to that there was a deficiency in the 

 6  law presently.  And, I'm sorry, I didn't hear 

 7  what exactly that deficiency is.

 8               ACTING PRESIDENT GRIFFO:    

 9  Senator Little.

10               SENATOR LITTLE:   I believe it's 

11  when they lose ownership of and they lose the 

12  money that they would be -- should be getting 

13  for that work.  

14               And I might not have explained 

15  it -- I know I didn't explain it very well in 

16  the beginning.  It is the work of fine art, 

17  craft, or print from the artist or 

18  craftsperson.  Or it could even come from the 

19  beneficiary or the heir of that artist or 

20  craftsperson.

21               SENATOR DUANE:   If the sponsor 

22  would continue to yield.

23               ACTING PRESIDENT GRIFFO:    

24  Senator Little, do you yield?

25               SENATOR LITTLE:   I will continue 

                                                               4941

 1  to yield.

 2               ACTING PRESIDENT GRIFFO:    

 3  Senator Little yields.  

 4               May I have some quiet, please, in 

 5  the chamber.

 6               SENATOR DUANE:   I'm just having 

 7  a little problem, and I'm just confused.  I 

 8  was hopeful that the sponsor could just -- 

 9  instead of saying "they," to just be more 

10  specific as to who "they" refers to.  When 

11  "they" is said, who is "they"?  Because 

12  it's -- the sponsor used it several times in a 

13  row, and I'm not sure whether "they" are the 

14  same they or different theys.  

15               SENATOR LITTLE:   It's the artist 

16  or the heirs of the artist who, in an estate 

17  or a trust, would no longer have the benefits 

18  from that piece of art or control of that art 

19  if they had had it commissioned to a sales 

20  place.

21               SENATOR DUANE:   So through you, 

22  Mr. President, the "they" refers to the heirs 

23  of the artist?

24               SENATOR LITTLE:   Or the artist.

25               ACTING PRESIDENT GRIFFO:   Yes?  

                                                               4942

 1               SENATOR LITTLE:   Yes.  Yes.  

 2  Heirs of the artist.  Or the artist him or 

 3  herself.

 4               SENATOR DUANE:   Why, if we're 

 5  fixing a law -- why are we not protecting all 

 6  consignors?  

 7               ACTING PRESIDENT GRIFFO:    

 8  Senator Little.

 9               SENATOR LITTLE:   Well, I think 

10  it's all consignments that come under the 

11  guise of art, crafts, or fine art, whatever.  

12               This is a result -- there was a 

13  case called the Salander-O'Reilly Galleries 

14  case in which the successor to the artist who 

15  created the art that was in the gallery could 

16  not get the benefits nor the control of that 

17  piece of art.  

18               And this is trying to clearly 

19  define who has standing under the law.  And by 

20  cross-referencing the EPTL definitions, the 

21  bill will help avoid confusion and needless 

22  costly litigation while protecting the 

23  consignors who may otherwise forgo their 

24  rights.

25               SENATOR DUANE:   And through you, 

                                                               4943

 1  Mr. President, if the sponsor would continue 

 2  to yield.

 3               SENATOR LITTLE:   Yes, I will 

 4  continue to yield.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  sponsor yields.

 7               SENATOR DUANE:   If the purpose 

 8  of the legislation -- I believe I heard the 

 9  sponsor say is -- well, I heard the sponsor 

10  say two things, the artist's heir and then 

11  also all consignors.  But the consignor may 

12  not be the heir.  

13               So explicitly, does not this 

14  legislation only protect the artist's heir and 

15  not all consignors?  

16               SENATOR LITTLE:   It protects -- 

17  to my understanding, it protects the artist or 

18  the artist's heir in an estate in trust case.  

19               The bill will add teeth to the 

20  existing trust property and trust fund 

21  provisions of Article 11 and 12 of the 

22  New York ACAL.  In addition, the bill will 

23  provide clarity to prevent unintended 

24  interpretations of certain provisions from 

25  interfering with the intended application of 

                                                               4944

 1  these provisions.

 2               SENATOR DUANE:   Through you, 

 3  Mr. President.  Although I must admit I don't 

 4  understand all the references to the statute 

 5  as per they're being initialed -- you know, 

 6  referred to by their initials and not their 

 7  complete titles.  

 8               When I say all consignors, let me 

 9  try to give an example and follow it up with a 

10  question, if the sponsor would so yield.

11               SENATOR LITTLE:   Yes, I continue 

12  to yield.

13               ACTING PRESIDENT GRIFFO:   The 

14  sponsor yields.

15               SENATOR DUANE:   Suppose Jasper 

16  Johns, who is one of my favorite artists, has 

17  consigned to a gallery and -- say both are 

18  consigned to a gallery, but one is consigned 

19  by a Jasper Johns heir and the other is 

20  consigned by another individual, not an heir 

21  or -- an institution of some sort, a museum or 

22  school, St. Ambrose's School or a hospital, 

23  whatever.  

24               The way I understand or read this 

25  law, only the heir would be protected and not 

                                                               4945

 1  the entity that was consigned the other Jasper 

 2  Johns work of art.  Is that correct?

 3               SENATOR LITTLE:   Mr. President, 

 4  yes, I'll try to explain.  

 5               It is for the artist who consigns 

 6  their art to a dealer.  And if that artist 

 7  dies or has beneficiaries, it goes to their 

 8  heirs or it goes to their trust and whoever is 

 9  involved in their trust.

10               So that the dealer -- what 

11  happened in this particular case is apparently 

12  the dealer was using that art, that piece of 

13  art that had value, against their debt.  And 

14  it does not belong to them.  It is only 

15  consigned to them.  It is still in the control 

16  of the artist and the heirs, even if it's not 

17  the artist himself.

18               Now, if someone goes into that 

19  dealership and purchases that art, then the 

20  commission goes back to the artist and they 

21  have no control over it after that; the art 

22  has been sold.

23               And it is particular.  It doesn't 

24  cover antiques.  It's covering art and crafts, 

25  fine art by the artists.  Who apparently have 

                                                               4946

 1  been taken advantage of, particularly if the 

 2  artist themself dies.

 3               SENATOR DUANE:   Through you, 

 4  Mr. President, if the sponsor would continue 

 5  to yield.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  sponsor yields.

 8               SENATOR DUANE:   I understand 

 9  that we're talking about pieces of art or 

10  crafts from a craftsperson.  However -- I 

11  understand that this protects the heir.  

12  However, for instance, the sponsor just 

13  brought up an example, the heir might be in 

14  debt.  

15               Well, suppose Jasper Johns gave a 

16  piece of art to an heir who was in debt and 

17  gave another piece of art to, you know, a 

18  private Lutheran elementary school that was in 

19  debt.  Why is it that only the human heir is 

20  protected and not -- for instance, although 

21  there could be many other possibilities, why 

22  not the other entity, like an elementary 

23  school that also needed the proceeds, perhaps 

24  even more than the heir?  

25               Why is it only the heir and not 

                                                               4947

 1  other circumstances of which the artist may 

 2  have had in mind that they wanted that entity 

 3  to get the proceeds as well, to be the 

 4  beneficiaries?

 5               ACTING PRESIDENT GRIFFO:    

 6  Senator Little.

 7               SENATOR LITTLE:   Thank you, 

 8  Mr. President.  

 9               If I may, I believe you have 

10  confused the debt.  We're talking about if the 

11  dealer, who is the one you have consigned the 

12  piece of art to, and the artist dies, they use 

13  that value against their debt.  Not the 

14  artist's.  So the artist has lost control, 

15  they do not own that piece of art.  

16               And this is to clarify that.  

17  That piece of art is only there for 

18  consignment.

19               SENATOR DUANE:   Through you, 

20  Mr. President, if the sponsor would continue 

21  to yield.

22               ACTING PRESIDENT GRIFFO:   The 

23  sponsor yields.

24               SENATOR LITTLE:   Yes, I do.

25               SENATOR DUANE:   Why is it only 

                                                               4948

 1  one category that's being protected and not 

 2  another potential category, which -- of which 

 3  could equally deserve the protection that this 

 4  legislation endeavors to provide?

 5               SENATOR LITTLE:   As far as a 

 6  category of art, you mean like an antique?  Is 

 7  the Senator asking for something different 

 8  than art?  

 9               The reason that it's art and 

10  crafts is because that's where the need 

11  occurred and where the clarification needed to 

12  be made.

13               We're trying to protect the 

14  beneficiary of the estate.  So an artist 

15  leaves all of this art or prints that are in a 

16  consignment shop, the artist dies, the family, 

17  the heirs or the person that has been given -- 

18  the representative, they are the successor of 

19  interest here.  They do not lose control or 

20  ownership of that art.

21               SENATOR DUANE:   Mr. President, 

22  let me -- if I may continue to ask the sponsor 

23  to yield.

24               ACTING PRESIDENT GRIFFO:    

25  Senator Little, do you continue to yield?

                                                               4949

 1               SENATOR LITTLE:   Yes, I continue 

 2  to yield.

 3               ACTING PRESIDENT GRIFFO:    

 4  Senator Duane, maybe you can be specific to 

 5  the question?

 6               SENATOR DUANE:   I believe I am 

 7  being specific.  But I'll try to be even -- 

 8  razor-sharply specific.

 9               The consignor in this bill is the 

10  heir.  The heir, as the consignor, is being 

11  protected.  But if the consignor is 

12  St. Ambrose Lutheran Parochial School, then it 

13  is not being protected.  And why is that?

14               SENATOR LITTLE:   Probably 

15  because they didn't die and go into a trust.  

16  If they owned the art, they would still be 

17  getting the commission.  They are still the 

18  consignor to the consignee, who is the dealer.

19               I don't understand the 

20  differential.  We're talking about trying to 

21  maintain the ownership from the artist and the 

22  persons of interest and the successor of 

23  interest and the trust, should that artist 

24  die.  

25               Now, if it's owned by a school, I 

                                                               4950

 1  am sure there is a trust of the school or a 

 2  board of the school or an ownership of the 

 3  school that continues to own that art and 

 4  would be protected.

 5               SENATOR DUANE:   Through you, 

 6  Mr. President, if the sponsor would yield on 

 7  that point.

 8               ACTING PRESIDENT GRIFFO:    

 9  Senator Little, do you yield?  

10               SENATOR LITTLE:   Yes, I yield.

11               ACTING PRESIDENT GRIFFO:   

12  Senator Little yields.

13               SENATOR DUANE:   That is not 

14  specifically referenced in the bill.  

15               In other words, the heir could be 

16  a person but the heir could also be an entity, 

17  which should have as much right to control 

18  it -- if that was the artist's desire -- as 

19  the person heir.  

20               SENATOR LITTLE:   If the title 

21  has passed to the school, then they do not 

22  need protection, they own it.

23               The successor in interest -- and 

24  I would repeat this, this is in the bill.  

25  This bill has passed the Assembly.  It 

                                                               4951

 1  has the support of the art groups.  The 

 2  successor in interest shall mean a personal 

 3  representative, testamentary beneficiary, 

 4  trustee or beneficiary of a lifetime trust or 

 5  an heir, including heirs who acquire the work 

 6  of fine art, craft, or print from the artist 

 7  or craftsperson or from another heir or 

 8  beneficiary of the artist or craftsperson, 

 9  which terms shall have the same meanings as 

10  set forth in the Estates, Powers and Trusts 

11  Law.  Which is what we're talking about.

12               And in the interests of time, I 

13  believe I've explained the bill as best I can, 

14  and I will not yield again.  Thank you.

15               ACTING PRESIDENT GRIFFO:   Thank 

16  you, Senator Little.

17               Senator Duane.

18               SENATOR DUANE:   Thank you, 

19  Mr. President.  Then on the bill.

20               ACTING PRESIDENT GRIFFO:    

21  Senator Duane on the bill.

22               SENATOR DUANE:   I understand 

23  that the sponsor uses the word "heir," and 

24  that immediately conjures up a human.  But the 

25  beneficiary or heir, H-E-I-R, does not 

                                                               4952

 1  necessarily have to be a person.  

 2               Now, the case that the sponsor 

 3  refers to and uses the example happens to be a 

 4  person.  I get that.  But there is another 

 5  scenario by which an artist has the right to 

 6  have a nonperson, some kind of entity, be the 

 7  heir, the beneficiary.  And why are they not 

 8  as protected?  

 9               I believe there's a famous 

10  candidate running for a very big office that 

11  said -- and I'm talking about not-for-profit 

12  corporations -- but this person said that 

13  corporations were people.  Not-for-profit 

14  corporations can be left things, art.  They 

15  are not protected by this.  Only a person 

16  would be protected by this, and not the other 

17  intended, potential intended beneficiary, 

18  which may not be a person but some other kind 

19  of institution.

20               So my point is, if we are opening 

21  up this law, why are we only doing this?  Is 

22  it because this particular family came to the 

23  sponsor and said, "Our family has this 

24  problem"?  Or is that just a random example?  

25  It's unclear.

                                                               4953

 1               The law -- this legislation only 

 2  protects -- by the way, it only protects 

 3  consignors of fine art but not other tangible 

 4  property.  I don't know, even costume jewelry 

 5  that's of value these days is not -- well, I 

 6  guess that would be art.  But something that 

 7  may be not considered -- a book or, I don't 

 8  know, we can think of -- an album.  You know.  

 9  Remember albums?  Okay, furniture.  Well, it 

10  could be art.  A wig.

11               But someone consigns a piece of 

12  art and a diamond ring or a Herkimer diamond, 

13  a Herkimer diamond, for instance.  This law 

14  doesn't cover the Herkimer diamond.  

15               So if we are to open this bill 

16  up, why is it only for Jasper Johns or 

17  whoever, I don't know who this family is, and 

18  not for the poor widow who leaves her Herkimer 

19  diamond to, say, Dominican Commercial High 

20  School -- which it's too late for them.  So 

21  the Mary Louis Academy.  Why are we only 

22  protecting one and not the other?

23               So well-intentioned though the 

24  bill is, I don't know, I feel as if we should 

25  do a more -- if we're going to open up the 

                                                               4954

 1  legislation, let's just do it once and cover 

 2  all of the potential impacts.  

 3               And so I'm not recommending how 

 4  people should vote, but I am encouraging 

 5  people to have a sleepless night thinking 

 6  about the dilemma that this piece of 

 7  legislation has now put on all of us as 

 8  Senators.  

 9               Thank you, Mr. President.

10               ACTING PRESIDENT GRIFFO:   Thank 

11  you, Senator Duane.

12               Hearing and seeing no other 

13  Senator, debate is closed.  The Secretary will 

14  ring the bell.

15               Read the last section.

16               THE SECRETARY:   Section 3.  This 

17  act shall take effect on the 60th day.

18               ACTING PRESIDENT GRIFFO:   Call 

19  the roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   In relation to 

22  Calendar Number 1018:  Ayes, 58.  Nays, 1.  

23  Senator Duane recorded in the negative.

24               Absent from voting:  Senator 

25  Diaz.  

                                                               4955

 1               ACTING PRESIDENT GRIFFO:   The 

 2  bill is passed.

 3               The Secretary will read.

 4               THE SECRETARY:   Calendar Number 

 5  1087, by the Assembly Committee on Rules, 

 6  Assembly Print 10622, an act to authorize.  

 7               SENATOR BRESLIN:   Explanation.

 8               ACTING PRESIDENT GRIFFO:    

 9  Senator Breslin has requested -- Senator 

10  Gianaris?  

11               SENATOR GIANARIS:   I would like 

12  to thank Senator Breslin for his question and 

13  explain the purpose of this bill.  

14               It is a parkland alienation in my 

15  district that will move certain parkland from 

16  the control of the Parks Department to the 

17  New York City Housing Authority.  And it is 

18  for the purposes of allowing a development to 

19  go forward that will actually enhance the 

20  property which is being alienated and will not 

21  result in any reduction in parkland either.  

22               It is an issue on which I've been 

23  working since my first days in the Senate and 

24  does have the support of all of the community 

25  representatives in the affected area.  And for 

                                                               4956

 1  that reason, I believe it's a good bill.

 2               ACTING PRESIDENT GRIFFO:    

 3  Senator Squadron, why do you rise?

 4               SENATOR SQUADRON:   Thank you.  

 5  If the sponsor would yield for a question.

 6               SENATOR GIANARIS:   Yes, I will.

 7               ACTING PRESIDENT GRIFFO:    

 8  Senator Libous.

 9               SENATOR LIBOUS:   Mr. President, 

10  I believe it's a Rules bill.  Senator Gianaris 

11  stood up and said he would like to explain it, 

12  which he did, but I don't believe he's the 

13  sponsor of the bill.

14               SENATOR GIANARIS:   If I may, 

15  Mr. President, on the Open Senate website I am 

16  listed as the sponsor.  On LRS I am also 

17  listed as the Senator who requested this 

18  legislation.  So I believe on all the official 

19  records I am the only Senator listed on this 

20  legislation.

21               SENATOR LIBOUS:   It's before the 

22  house as a Rules bill.  Senator Gianaris may 

23  have a similar bill, but the bill that is 

24  before us is a Rules bill, and it is Number 

25  1087, Senate Print --

                                                               4957

 1               ACTING PRESIDENT GRIFFO:    

 2  Senator Gianaris, it is --

 3               SENATOR GIANARIS:   -- 7517.

 4               ACTING PRESIDENT GRIFFO:    

 5  Senator Gianaris, it is -- Senator Gianaris, 

 6  it is a Rules bill.  You had the opportunity, 

 7  because Senator Breslin asked for an 

 8  explanation, to rise to provide input on the 

 9  bill.  But if Senator Squadron is going to ask 

10  questions, I would ask Senator Libous to 

11  designate someone from the Rules Committee to 

12  answer those questions.

13               SENATOR GIANARIS:   If I may, I'm 

14  respectful of the President's decision, but 

15  would like to point out that Senator Libous 

16  and I are discussing the same bill.  I have 

17  documentation from our own Senate's website 

18  that lists my name as the only name of a 

19  Senator on the bill.  The Legislative 

20  Retrieval research services also lists my name 

21  as the only name on this exact bill, 7517 in 

22  the Senate.  

23               So I'll ask for forgiveness if I 

24  misunderstood, but it seems like I'm the 

25  sponsor, according to all the official 

                                                               4958

 1  records.

 2               ACTING PRESIDENT GRIFFO:    

 3  Senator Libous.

 4               SENATOR LIBOUS:   Mr. President, 

 5  let him debate the bill.

 6               ACTING PRESIDENT GRIFFO:   Okay.

 7               SENATOR GIANARIS:   Thank you.  

 8               SENATOR SQUADRON:   If Senator 

 9  Gianaris would yield for a question.

10               SENATOR GIANARIS:   Yes, I will.

11               ACTING PRESIDENT GRIFFO:    

12  Senator Gianaris yields.

13               SENATOR SQUADRON:   Thank you.  

14  This actually is related to the point that was 

15  just being discussed, the parliamentary point 

16  that was just being discussed.  

17               I actually do want to understand, 

18  because I have a long-standing practice of 

19  voting against bills sponsored by 

20  Senator Rules, since Senator Rules doesn't 

21  exist, doesn't represent anyone, and doesn't 

22  have the sort of accountability that we have 

23  here.  

24               And it's something I've discussed 

25  many times before.  The hour is late.  If 

                                                               4959

 1  anyone is interested in further conversation, 

 2  I'm available to discuss it, but I have a 

 3  long-standing policy on that.

 4               You did describe the bill.  I 

 5  know it's in your district.  I also know that 

 6  the Senate has a long-standing sort of 

 7  prerogative for people within their district 

 8  for issues like this:  changes in parkland, 

 9  property tax issues, other hyperlocal issues.  

10               So I just want to understand 

11  before the vote, Senator Gianaris, since this 

12  is -- through you, Mr. President, since this 

13  is Senator Gianaris's district and he is 

14  listed, that he supports this and that it 

15  makes sense and, if so, why Senator Rules is 

16  involved here.

17               ACTING PRESIDENT GRIFFO:    

18  Senator Gianaris -- you rose, Senator 

19  Squadron, to ask a question specific to the 

20  bill.  So if there's a question relative to 

21  the bill, ask the question.  Not relative to 

22  the procedures of the house.

23               So what is your question relative 

24  to the bill?  

25               SENATOR GIANARIS:   I understood 

                                                               4960

 1  his question.

 2               SENATOR SQUADRON:   Thank you.  

 3  Thank you.

 4               ACTING PRESIDENT GRIFFO:    You 

 5  will speak -- Senator Gianaris, under Rule 3 

 6  and the authority vested in the chair, you 

 7  will speak to the germaneness of the bill.  So 

 8  it's the bill in chief that's in question, not 

 9  the procedure.

10               SENATOR SQUADRON:   Thank you, 

11  Mr. President.  I understand.  

12               I'm asking since the parcel of 

13  land in question lies within Senator 

14  Gianaris's district and there's a 

15  long-standing prerogative of this house for 

16  the Senator who represents an area on a local 

17  bill of this sort, if Senator Gianaris 

18  supports this bill.

19               ACTING PRESIDENT GRIFFO:    

20  Senator Gianaris.

21               SENATOR GIANARIS:   Thank you, 

22  Mr. President.

23               The short answer is I do not 

24  know.  This is a project I've been working on 

25  for some time.  I had language very similar to 

                                                               4961

 1  this drafted and ready to go.  And much to my 

 2  chagrin, it was introduced as a Rules bill 

 3  without my consultation.  

 4               In fact, I do need to give thanks 

 5  to Senator Lanza, who's not in the chamber at 

 6  the moment.  But I believe when this passed 

 7  through Cities, he made a point on the record 

 8  of noting that this is an issue on which I had 

 9  worked and that he suggested that it be a bill 

10  that bore my name, before the Rules 

11  designation on this bill.  

12               So it was a decision made by 

13  others.  Nonetheless, I'm glad the bill is 

14  getting done, because I do support it, 

15  Mr. President.

16               SENATOR SQUADRON:   Thank you.  

17  On the bill.

18               ACTING PRESIDENT GRIFFO:    

19  Senator Squadron on the bill.

20               SENATOR SQUADRON:   Thank you.  

21               So as I said, I have a 

22  long-standing policy against voting for bills 

23  sponsored by Senator Rules.  I appreciate 

24  Senator Gianaris describing his view on this.  

25  I believe last year there was a bill affecting 

                                                               4962

 1  something in Senator Krueger's district where, 

 2  similarly, Senator Krueger stood up and said 

 3  that this was in her district and she thought 

 4  it made sense.  

 5               So I will be voting yes on this 

 6  bill despite my broader opposition to bills 

 7  sponsored by the Rules Committee.  

 8               Thank you, Mr. President.

 9               ACTING PRESIDENT GRIFFO:   Thank 

10  you, Senator Squadron.

11               Seeing and hearing no other 

12  Senator, the debate is closed and the 

13  Secretary will ring the bell. 

14               Read the last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT GRIFFO:   Call 

18  the roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 59.  

21               Absent from voting:  Senator 

22  Diaz.

23               ACTING PRESIDENT GRIFFO:   The 

24  bill is passed.

25               Senator Libous, that completes 

                                                               4963

 1  the controversial reading of Supplemental 

 2  Active List Number 2.

 3               SENATOR LIBOUS:   Thank you, 

 4  Mr. President.  Can we take up the 

 5  noncontroversial reading of Supplemental 

 6  Calendar Number 60C, please.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  1430, by Senator Stavisky, Senate Print 1789, 

11  an act to amend the Education Law.

12               ACTING PRESIDENT GRIFFO:   Read 

13  the last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect immediately.  

16               ACTING PRESIDENT GRIFFO:   Call 

17  the roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 60.

20               ACTING PRESIDENT GRIFFO:   The 

21  bill is passed.

22               THE SECRETARY:   Calendar Number 

23  1431, by Senator Ranzenhofer --

24               SENATOR LIBOUS:   Lay the bill 

25  aside for the day.

                                                               4964

 1               ACTING PRESIDENT GRIFFO:   Lay it 

 2  aside for the day.

 3               THE SECRETARY:   Calendar Number 

 4  1432, by Senator Lanza, Senate Print 4225B, an 

 5  act to amend the Judiciary Law.

 6               ACTING PRESIDENT GRIFFO:   Read 

 7  the last section.

 8               THE SECRETARY:   Section 4.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT GRIFFO:   Call 

11  the roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 60.

14               ACTING PRESIDENT GRIFFO:   The 

15  bill is passed.

16               THE SECRETARY:   Calendar Number 

17  1433, by Senator Lanza, Senate Print 6029, an 

18  act to amend the Public Health Law.

19               ACTING PRESIDENT GRIFFO:   Read 

20  the last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT GRIFFO:   Call 

24  the roll.

25               (The Secretary called the roll.)

                                                               4965

 1               THE SECRETARY:   In relation to 

 2  Calendar 1433, those recorded in the negative 

 3  are Senators Montgomery, Parker and Perkins.

 4               Ayes, 57.  Nays, 3.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  bill is passed.

 7               THE SECRETARY:   Calendar Number 

 8  1434, by Senator Ritchie, Senate Print 6156, 

 9  an act to amend the Executive Law.

10               ACTING PRESIDENT GRIFFO:   Read 

11  the last section.

12               THE SECRETARY:   Section 5.  This 

13  act shall take effect on the 180th day.

14               ACTING PRESIDENT GRIFFO:   Call 

15  the roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   In relation to 

18  Calendar Number 1434, those recorded in the 

19  negative are Senators Avella, Breslin, Dilan, 

20  Duane, Gianaris, Hassell-Thompson, Krueger, 

21  Montgomery, Oppenheimer, Parker, Peralta, 

22  Perkins, Rivera, Squadron, Stavisky and 

23  Stewart-Cousins.  Also Senator Serrano.  

24               Ayes, 43.  Nays, 17.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               4966

 1  bill is passed.

 2               THE SECRETARY:   In relation to 

 3  Calendar Number 1435, Senator Marcellino moves 

 4  to discharge, from the Committee on Rules, 

 5  Assembly Bill Number 10592 and substitute it 

 6  for the identical Senate Bill Number 6526A, 

 7  Third Reading Calendar 1435.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  substitution is so ordered.

10               The Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  1435, by the Assembly Committee on Rules, 

13  Assembly Print 10592, an act to amend the 

14  Navigation Law.

15               ACTING PRESIDENT GRIFFO:   Read 

16  the last section.

17               THE SECRETARY:   Section 2.  This 

18  act shall take effect immediately.

19               ACTING PRESIDENT GRIFFO:   Call 

20  the roll.  

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 60.

23               ACTING PRESIDENT GRIFFO:   The 

24  bill is passed.

25               THE SECRETARY:   In relation to 

                                                               4967

 1  Calendar Number 1438, Senator Little moves to 

 2  discharge, from the Committee on Rules, 

 3  Assembly Bill Number 9943C and substitute it 

 4  for the identical Senate Bill Number 7013C, 

 5  Third Reading Calendar 1438.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  substitution is so ordered.

 8               The Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  1438, by Member of the Assembly Brindisi, 

11  Assembly Print 9943C, an act to amend the 

12  Public Health Law.

13               ACTING PRESIDENT GRIFFO:   Read 

14  the last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.  

17               ACTING PRESIDENT GRIFFO:   Call 

18  the roll.

19               (The Secretary called the roll.)

20               ACTING PRESIDENT GRIFFO:    

21  Announce the results.

22               THE SECRETARY:   In relation to 

23  Calendar Number 1438, those recorded in the 

24  negative are Senators Adams, Ball, Bonacic, 

25  Breslin, Carlucci, DeFrancisco, Dilan, Duane, 

                                                               4968

 1  Farley, Hassell-Thompson, Krueger, Larkin, 

 2  Montgomery, Parker, Perkins, Ritchie, Sampson, 

 3  Serrano, Seward and Stewart-Cousins.  Also 

 4  Senator Oppenheimer.

 5               SENATOR LIBOUS:   Mr. President, 

 6  can we have some order on the roll call, 

 7  please.

 8               ACTING PRESIDENT GRIFFO:   I ask 

 9  for order in the house.

10               SENATOR DUANE:   Mr. President.  

11  Mr. President, point of order.

12               ACTING PRESIDENT GRIFFO:   One 

13  second, Senator Duane.

14               Senator Duane, what is your point 

15  of order?  

16               SENATOR DUANE:   I'm just 

17  wondering, are we going to hear the vote 

18  results?  

19               ACTING PRESIDENT GRIFFO:   The 

20  Secretary is tallying the votes.  We had some 

21  noise in the chamber; the Secretary is 

22  attempting to --

23               (Laughter.)

24               ACTING PRESIDENT GRIFFO:   The 

25  Secretary is counting the roll, Senator Duane.

                                                               4969

 1               Announce the results.

 2               THE SECRETARY:   In relation to 

 3  Calendar 1438, those recorded in the negative 

 4  are Senators Adams, Addabbo, Avella, Bonacic, 

 5  Breslin, Carlucci, DeFrancisco, Dilan, Duane, 

 6  Gianaris, Hassell-Thompson, Kennedy, Krueger, 

 7  Montgomery, Oppenheimer, Parker, Peralta, 

 8  Perkins, Ritchie, Rivera, Sampson, Serrano, 

 9  Seward, Smith, Squadron, Stavisky and 

10  Stewart-Cousins.

11               Ayes, 33.  Nays, 27.

12               ACTING PRESIDENT GRIFFO:   The 

13  bill is passed.

14               THE SECRETARY:   Calendar Number 

15  1439, by Senator Seward, Senate Print --

16               SENATOR LIBOUS:   The bill is 

17  high, Mr. President.

18               ACTING PRESIDENT GRIFFO:    

19  Senator Seward's bill is high and will be laid 

20  aside for the day.

21               THE SECRETARY:   Calendar Number 

22  1440, by Senator Ball, Senate Print 7359A, an 

23  act to amend the Tax Law.

24               ACTING PRESIDENT GRIFFO:   Read 

25  the last section.

                                                               4970

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT GRIFFO:   Call 

 4  the roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 60.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  bill is passed.

 9               THE SECRETARY:   In relation to 

10  Calendar Number 1441, Senator Hannon moves to 

11  discharge, from the Committee on Rules, 

12  Assembly Bill 10248B and substitute it for the 

13  identical Senate Bill Number 7384A, Third 

14  Reading Calendar 1441.

15               ACTING PRESIDENT GRIFFO:   The 

16  substitution is so ordered.

17               The Secretary will read.

18               THE SECRETARY:   Calendar Number 

19  1441, by Member of the Assembly Rivera, 

20  Assembly Print 10248B, an act to amend the 

21  Social Services Law.

22               ACTING PRESIDENT GRIFFO:   Read 

23  the last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect immediately.

                                                               4971

 1               ACTING PRESIDENT GRIFFO:   Call 

 2  the roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 60.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  bill is passed.

 7               THE SECRETARY:   In relation to 

 8  Calendar Number 1442, Senator O'Mara moves to 

 9  discharge, from the Committee on Rules, 

10  Assembly Bill 10107 and substitute it for the 

11  identical Senate Bill Number 7424, Third 

12  Reading Calendar 1442.

13               ACTING PRESIDENT GRIFFO:   The 

14  substitution is so ordered.

15               The Secretary will read.

16               THE SECRETARY:   Calendar Number 

17  1442, by Member of the Assembly Palmesano, 

18  Assembly Print 10107, an act to amend the Real 

19  Property Tax Law.

20               ACTING PRESIDENT GRIFFO:   Read 

21  the last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT GRIFFO:   Call 

25  the roll.

                                                               4972

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 60.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  bill is passed.

 5               THE SECRETARY:   In relation to 

 6  Calendar Number 1443, Senator Lanza moves to 

 7  discharge, from the Committee on Rules, 

 8  Assembly Bill Number 10573 and substitute it 

 9  for the identical Senate Bill Number 7467, 

10  Third Reading Calendar 1443.

11               ACTING PRESIDENT GRIFFO:   The 

12  substitution is so ordered.

13               The Secretary will read.

14               THE SECRETARY:   Calendar Number 

15  1443, by the Assembly Committee on Rules, 

16  Assembly Print Number 10573, an act to amend 

17  the Navigation Law.

18               ACTING PRESIDENT GRIFFO:   Read 

19  the last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT GRIFFO:   Call 

23  the roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 60.

                                                               4973

 1               ACTING PRESIDENT GRIFFO:   The 

 2  bill is passed.

 3               THE SECRETARY:   Calendar Number 

 4  1444, by Senator Larkin, Senate Print 7700, an 

 5  act to amend the Uniform City Court Act.

 6               ACTING PRESIDENT GRIFFO:   Read 

 7  the last section.

 8               THE SECRETARY:   Section 3.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT GRIFFO:   Call 

11  the roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 60.

14               ACTING PRESIDENT GRIFFO:   The 

15  bill is passed.

16               THE SECRETARY:   Calendar Number 

17  1445, by Senator O'Mara, Senate Print 7734, an 

18  act to amend the Navigation Law.

19               ACTING PRESIDENT GRIFFO:   A 

20  home-rule message has not been received.

21               SENATOR LIBOUS:   Lay it aside 

22  for the day, please.

23               ACTING PRESIDENT GRIFFO:   Lay 

24  the bill aside for the day.

25               THE SECRETARY:   In relation to 

                                                               4974

 1  Calendar Number 1446, Senator Golden moves to 

 2  discharge, from the Committee on Rules, 

 3  Assembly Bill Number 10719 and substitute it 

 4  for the identical Senate Bill Number 7756, 

 5  Third Reading Calendar 1446.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  substitution is so ordered.

 8               The Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  1446, by the Assembly Committee on Rules, 

11  Assembly Print 10719, an act to amend the 

12  Vehicle and Traffic Law.

13               ACTING PRESIDENT GRIFFO:   Read 

14  the last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect on the same date and in 

17  the same manner as a chapter of the Laws of 

18  2012.

19               ACTING PRESIDENT GRIFFO:   Call 

20  the roll.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 60.

23               ACTING PRESIDENT GRIFFO:   The 

24  bill is passed.

25               THE SECRETARY:   In relation to 

                                                               4975

 1  Calendar Number 1447, Senator Golden moves to 

 2  discharge, from the Committee on Rules, 

 3  Assembly Bill Number 8932A and substitute it 

 4  for the identical Senate Bill Number 7766, 

 5  Third Reading Calendar 1447.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  substitution is so ordered.

 8               The Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  1447, by Member of the Assembly Scarborough, 

11  Assembly Print 8932A, an act to amend the 

12  Executive Law.

13               ACTING PRESIDENT GRIFFO:   Read 

14  the last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect on the 90th day.

17               SENATOR RIVERA:   Mr. President, 

18  point of order.

19               ACTING PRESIDENT GRIFFO:    

20  Senator Rivera, what is your point of order?  

21               SENATOR RIVERA:   Maybe I'm 

22  unclear, but these bills that we've been 

23  voting on, the last two or three are marked as 

24  high in our calendar.  Is that correct or is 

25  that incorrect?  

                                                               4976

 1               ACTING PRESIDENT GRIFFO:   That 

 2  is correct, Senator Rivera.  However, the 

 3  Assembly bills have been substituted.  And the 

 4  Assembly bills have aged and were eligible for 

 5  consideration before the house.

 6               SENATOR RIVERA:   Thank you, 

 7  Mr. President.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  Secretary will continue.

10               (The Secretary called the roll.)

11               ACTING PRESIDENT GRIFFO:    

12  Announce the results.

13               THE SECRETARY:   Ayes, 60.

14               ACTING PRESIDENT GRIFFO:   The 

15  bill is passed.

16               Senator Libous.

17               SENATOR LIBOUS:   Mr. President, 

18  I believe from Calendar Number 1448 through 

19  1453, unless something has changed with the 

20  Assembly, they are also all high.

21               ACTING PRESIDENT GRIFFO:   That 

22  is correct, Senator Libous.

23               SENATOR LIBOUS:   So then if the 

24  bills are high, we can --

25               ACTING PRESIDENT GRIFFO:   They 

                                                               4977

 1  will be laid aside for the day.

 2               SENATOR LIBOUS:   -- lay them 

 3  aside.

 4               Mr. President, at this point the 

 5  Senate will stand at ease.  There will be 

 6  another active list coming out shortly.  And 

 7  we're at ease.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  Senate stands at ease.

10               (Whereupon, the Senate stood at 

11  ease at 10:49 p.m.)

12               (Whereupon, the Senate reconvened 

13  at 11:13 p.m.)

14               SENATOR LIBOUS:   Mr. President.

15               ACTING PRESIDENT GRIFFO:   The 

16  Senate will come to order.

17               Senator Libous.

18               SENATOR LIBOUS:   Mr. President, 

19  is there any further business at the desk?  

20               ACTING PRESIDENT GRIFFO:   There 

21  is no further business at the desk.

22               SENATOR LIBOUS:   Then I have a 

23  very important announcement.

24               There being no further business, 

25  Mr. President, I move that the Senate adjourn 

                                                               4978

 1  until Thursday, June 21st, at 10:00 a.m.

 2               ACTING PRESIDENT GRIFFO:   On 

 3  motion, the Senate stands adjourned until 

 4  Thursday, June 21st, at 10:00 a.m. 

 5               Senate adjourned.

 6               (Whereupon, at 11:14 p.m., the 

 7  Senate adjourned.)

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