Regular Session - June 21, 2012

                                                                   4979

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 21, 2012

11                     11:08 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID STOROBIN, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               4980

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

 2               ACTING PRESIDENT STOROBIN:   The 

 3  Senate will come to order.  

 4               I ask everyone present to please 

 5  rise and repeat the Pledge of Allegiance.

 6               (Whereupon, the assemblage 

 7  recited the Pledge of Allegiance to the Flag.)

 8               ACTING PRESIDENT STOROBIN:    We 

 9  are joined here today by Reverend Peter Young, 

10  of the Mother Teresa Community.  He will give 

11  us our invocation.

12               REVEREND YOUNG:   Thank you, 

13  Senator.  

14               Let us pray.

15               As we gather in this final day of 

16  the regular session, we will thank You, O God, 

17  for Your blessing of the Senators and their 

18  dedication, and their staff, combined with all 

19  administrative personnel, for the bipartisan 

20  cooperation, and pray that they will have time 

21  for their family and relaxing then in good 

22  health during the summer time off.

23               We are very proud of being a 

24  New Yorker, because New Yorkers saw the 

25  christening of the American flag when the 

                                                               4981

 1  Stars and Stripes was first flown in battle at 

 2  the defense of Fort Stanwix in Rome.  

 3               It's with great pride that you 

 4  are able to serve as a Senator in this 

 5  patriotic tradition, in the elected 

 6  leadership, to fulfill the call of God, of 

 7  leadership.  

 8               We are proud of our elected 

 9  leaders as we were, of course, of Presidents 

10  Van Buren, Fillmore, Arthur, Cleveland, 

11  Theodore and Franklin Roosevelt.  May we 

12  continue in the greatness of their dedicated 

13  public service to all of our New York State 

14  citizens.  

15               May we follow in the rich 

16  tradition of the Senate that first met in 

17  Kingston five days after the Declaration of 

18  Independence.  

19               You, O God, have provided 

20  Senators with outstanding examples of 

21  inspiring leadership.  We pray that they will 

22  be able to enjoy the good times that this time 

23  of relaxation will offer.  

24               Amen.

25               ACTING PRESIDENT STOROBIN:   The 

                                                               4982

 1  reading of the Journal.

 2               THE SECRETARY:   In Senate, 

 3  Wednesday, June 20th, the Senate met pursuant 

 4  to adjournment.  The Journal of Tuesday, 

 5  June 19th, was read and approved.  On motion, 

 6  the Senate adjourned.

 7               ACTING PRESIDENT STOROBIN:    

 8  Without objection, the Journal stands approved 

 9  as read.

10               Presentation of petitions.

11               Messages from the Assembly.

12               The Secretary will read.

13               THE SECRETARY:   On page 4, 

14  Senator Golden moves to discharge, from the 

15  Committee on Consumer Protection, Assembly 

16  Bill Number 8614B and substitute it for the 

17  identical Senate Bill Number 5576B, Third 

18  Reading Calendar 72.

19               On page 5, Senator Flanagan moves 

20  to discharge, from the Committee on Rules, 

21  Assembly Bill Number 7591C and substitute it 

22  for the identical Senate Bill Number 5650D, 

23  Third Reading Calendar 125.

24               On page 7, Senator Libous moves 

25  to discharge, from the Committee on Civil 

                                                               4983

 1  Service and Pensions, Assembly Bill Number 6830A 

 2  and substitute it for the identical Senate Bill 

 3  Number 3136A, Third Reading Calendar 256.

 4               On page 12, Senator Little moves to 

 5  discharge, from the Committee on Civil Service 

 6  and Pensions, Assembly Bill Number 9222 and 

 7  substitute it for the identical Senate Bill 

 8  Number 6394, Third Reading Calendar 

 9  487.

10               On page 12, Senator Valesky moves 

11  to discharge, from the Committee on Civil Service 

12  and Pensions, Assembly Bill Number 9450 and 

13  substitute it for the identical Senate Bill 

14  Number 6428, Third Reading Calendar 488.

15               On page 13, Senator Fuschillo moves 

16  to discharge, from the Committee on Education, 

17  Assembly Bill Number 9267A and substitute it for 

18  the identical Senate Bill Number 595A, Third 

19  Reading Calendar 513.

20               On page 22, Senator Marcellino 

21  moves to discharge, from the Committee on Rules, 

22  Assembly Bill Number 10102B and substitute it for 

23  the identical Senate Bill Number 6999B, Third 

24  Reading Calendar 832.

25               On page 24, Senator Griffo moves to 

                                                               4984

 1  discharge, from the Committee on Rules, Assembly 

 2  Bill Number 10567A and substitute it for the 

 3  identical Senate Bill Number 6777B, Third Reading 

 4  Calendar 898.

 5               On page 27, Senator Stewart-Cousins 

 6  moves to discharge, from the Committee on Rules, 

 7  Assembly Bill Number 9432 and substitute it for 

 8  the identical Senate Bill Number 6566, Third 

 9  Reading Calendar 1005.

10               On page 28, Senator Bonacic moves 

11  to discharge, from the Committee on Civil Service 

12  and Pensions, Assembly Bill Number 9566 and 

13  substitute it for the identical Senate Bill 

14  Number 6780, Third Reading Calendar 1007.

15               On page 28, Senator Bonacic moves 

16  to discharge, from the Committee on Civil Service 

17  and Pensions, Assembly Bill Number 9588 and 

18  substitute it for the identical Senate Bill 

19  Number 6781, Third Reading Calendar 1008.

20               On page 28, Senator Martins moves 

21  to discharge, from the Committee on Civil Service 

22  and Pensions, Assembly Bill Number 9998 and 

23  substitute it for the identical Senate Bill 

24  Number 7146, Third Reading Calendar 1011.

25               On page 28, Senator Farley moves to 

                                                               4985

 1  discharge, from the Committee on Civil Service 

 2  and Pensions, Assembly Bill Number 10164 and 

 3  substitute it for the identical Senate Bill 

 4  Number 7416, Third Reading Calendar 1013.

 5               On page 36, Senator Fuschillo moves 

 6  to discharge, from the Committee on Rules, 

 7  Assembly Bill Number 4365A and substitute it for 

 8  the identical Senate Bill Number 7595A, Third 

 9  Reading Calendar 1319.

10               On page 38, Senator Seward moves to 

11  discharge, from the Committee on Rules, Assembly 

12  Bill Number 10784 and substitute it for the 

13  identical Senate Bill Number 7787, Third Reading 

14  Calendar 1426.

15               On page 38, Senator Golden moves to 

16  discharge, from the Committee on Rules, Assembly 

17  Bill Number 9380B and substitute it for the 

18  identical Senate Bill Number 7775, Third Reading 

19  Calendar 1449.

20               And on page 36, Senator Martins 

21  moves to discharge, from the Committee on Rules, 

22  Assembly Bill Number 10685A and substitute it for 

23  the identical Senate Bill Number 7706A, Third 

24  Reading Calendar 1346.

25               ACTING PRESIDENT STOROBIN:    

                                                               4986

 1  Substitutions ordered.

 2               Messages from the Governor.

 3               Reports of standing committees.

 4               Reports of select committees.

 5               Communications and reports from 

 6  state officers.

 7               Motions and resolutions.

 8               Senator Libous.

 9               SENATOR LIBOUS:   Thank you, 

10  Mr. President.

11               At this time I would call an 

12  immediate meeting of the Judiciary Committee in 

13  Room 332.  There's an immediate meeting of the 

14  Judiciary Committee.  

15               The Senate will continue to pass 

16  bills.  The members of the Judiciary Committee, 

17  if any bills are laid aside, will be able to vote 

18  pursuant to Rule 9.  And that way we can keep 

19  things flowing.

20               So if members of the Judiciary 

21  Committee would go to Room 332.

22               ACTING PRESIDENT STOROBIN:    

23  Immediate meeting of the Judiciary Committee in 

24  Room 332.

25               SENATOR LIBOUS:   Thank you.

                                                               4987

 1               Mr. President, we'll just hang on a 

 2  second.  We'll get a little order in the 

 3  chamber.  We're going to take up the active list.

 4               Okay, Mr. President, at this time 

 5  we will go to today's active list, the 

 6  noncontroversial reading.

 7               ACTING PRESIDENT STOROBIN:   The 

 8  Secretary will read.

 9               THE SECRETARY:   Calendar Number 5, 

10  by Senator Kennedy, Senate Print 3330A, an act 

11  authorizing.

12               ACTING PRESIDENT STOROBIN:   There 

13  is a home-rule message at the desk.

14               Read the last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT STOROBIN:   Call 

18  the roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 47.  Nays, 

21  1.  Senator Ball recorded in the negative.  

22               ACTING PRESIDENT STOROBIN:   The 

23  bill is passed.

24               THE SECRETARY:   Calendar Number 

25  72, substituted earlier by Member of the Assembly 

                                                               4988

 1  Titone, Assembly Print Number 8614B, an act to 

 2  amend the General Business Law.

 3               ACTING PRESIDENT STOROBIN:   Read 

 4  the last section.

 5               THE SECRETARY:   Section 2.  This 

 6  act shall take effect immediately.

 7               ACTING PRESIDENT STOROBIN:   Call 

 8  the roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 48.

11               ACTING PRESIDENT STOROBIN:   The 

12  bill is passed.

13               THE SECRETARY:   Calendar Number 

14  85, by Senator Ritchie, Senate Print 5160B, an 

15  act to amend the Agriculture and Markets Law.

16               ACTING PRESIDENT STOROBIN:   Read 

17  the last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect on the first of January.

20               ACTING PRESIDENT STOROBIN:   Call 

21  the roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 48.

24               ACTING PRESIDENT STOROBIN:   The 

25  bill is passed.

                                                               4989

 1               THE SECRETARY:   Calendar Number 

 2  91, by Senator Little, Senate Print 5525C, an act 

 3  to amend the General Municipal Law.

 4               ACTING PRESIDENT STOROBIN:   Read 

 5  the last section.

 6               THE SECRETARY:   Section 2.  This 

 7  act shall take effect immediately.

 8               ACTING PRESIDENT STOROBIN:   Call 

 9  the roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 48.

12               ACTING PRESIDENT STOROBIN:   The 

13  bill is passed.

14               THE SECRETARY:   Calendar Number 

15  125, substituted earlier by Member of the 

16  Assembly Nolan, Assembly Print 7591C, an act in 

17  relation.

18               ACTING PRESIDENT STOROBIN:   Read 

19  the last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT STOROBIN:   Call 

23  the roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 48.

                                                               4990

 1               ACTING PRESIDENT STOROBIN:   The 

 2  bill is passed.

 3               THE SECRETARY:   Calendar Number 

 4  256, substituted earlier by Member of the 

 5  Assembly Crouch, Assembly Print Number 6830A, an 

 6  act to authorize.

 7               ACTING PRESIDENT STOROBIN:   There 

 8  is a home-rule message at the desk.

 9               Read the last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect immediately.

12               ACTING PRESIDENT STOROBIN:   Call 

13  the roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 48.

16               ACTING PRESIDENT STOROBIN:   The 

17  bill is passed.

18               THE SECRETARY:   Calendar Number 

19  347, by Senator Young, Senate Print 4020C, an act 

20  to amend the Highway Law.

21               ACTING PRESIDENT STOROBIN:   Read 

22  the last section.

23               THE SECRETARY:   Section 3.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT STOROBIN:   Call 

                                                               4991

 1  the roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 48.

 4               ACTING PRESIDENT STOROBIN:   The 

 5  bill is passed.

 6               THE SECRETARY:   Calendar Number 

 7  374, by Senator Flanagan --

 8               SENATOR BRESLIN:   Lay it aside.

 9               ACTING PRESIDENT STOROBIN:   The 

10  bill is laid aside.

11               THE SECRETARY:   Calendar Number 

12  487, substituted earlier by Member of the 

13  Assembly Sayward, Assembly Print 9222, an act to 

14  authorize.

15               ACTING PRESIDENT STOROBIN:   There 

16  is a home-rule message at the desk.

17               Read the last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT STOROBIN:   Call 

21  the roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 48.

24               ACTING PRESIDENT STOROBIN:   The 

25  bill is passed.

                                                               4992

 1               THE SECRETARY:   Calendar Number 

 2  488, substituted earlier by Member of the 

 3  Assembly Roberts, Assembly Print 9450, an act to 

 4  authorize.

 5               ACTING PRESIDENT STOROBIN:   There 

 6  is a home-rule message at the desk.

 7               Read the last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect immediately.

10               ACTING PRESIDENT STOROBIN:   Call 

11  the roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 48.

14               ACTING PRESIDENT STOROBIN:   The 

15  bill is passed.

16               THE SECRETARY:   Calendar Number 

17  513, substituted earlier by Member of the 

18  Assembly Hooper, Assembly Print 9267A, an act to 

19  amend the Education Law.

20               ACTING PRESIDENT STOROBIN:   Read 

21  the last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect on the first of July.

24               ACTING PRESIDENT STOROBIN:   Call 

25  the roll.

                                                               4993

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 48.

 3               ACTING PRESIDENT STOROBIN:   The 

 4  bill is passed.

 5               THE SECRETARY:   Calendar Number 

 6  558, by Senator Seward, Senate Print 6811A, an 

 7  act to amend Chapter 585 of the Laws of 2011.

 8               ACTING PRESIDENT STOROBIN:   There 

 9  is a home-rule message at the desk.

10               Read the last section.

11               THE SECRETARY:   Section 4.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT STOROBIN:   Call 

14  the roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 47.  Nays, 

17  1.  Senator Ball recorded in the negative.

18               ACTING PRESIDENT STOROBIN:   The 

19  bill is passed.

20               THE SECRETARY:   Calendar Number 

21  594, by Senator Grisanti --

22               SENATOR LIBOUS:   Mr. President, 

23  lay this bill aside temporarily, please.

24               ACTING PRESIDENT STOROBIN:   The 

25  bill is laid aside temporarily.

                                                               4994

 1               THE SECRETARY:   Calendar Number 

 2  615, by Senator Zeldin, Senate Print 6872B --

 3               SENATOR BRESLIN:   Lay it aside.

 4               ACTING PRESIDENT STOROBIN:   Lay 

 5  the bill aside.

 6               THE SECRETARY:   Calendar Number 

 7  746, by Senator Valesky, Senate Print 4767A, an 

 8  act granting retroactive Tier IV membership.

 9               ACTING PRESIDENT STOROBIN:   There 

10  is a home-rule message at the desk.

11               Read the last section.

12               THE SECRETARY:   Section 3.  This 

13  act shall take effect immediately.

14               ACTING PRESIDENT STOROBIN:   Call 

15  the roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 48.

18               ACTING PRESIDENT STOROBIN:   The 

19  bill is passed.

20               THE SECRETARY:   Calendar Number 

21  832, substituted earlier by Member of the 

22  Assembly Conte, Assembly Print 10102B, an act to 

23  authorize.

24               ACTING PRESIDENT STOROBIN:   Read 

25  the last section.

                                                               4995

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT STOROBIN:   Call 

 4  the roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 50.

 7               ACTING PRESIDENT STOROBIN:   The 

 8  bill is passed.

 9               THE SECRETARY:   Calendar Number 

10  898, substituted earlier by the Assembly 

11  Committee on Rules, Assembly Print 10567A, an act 

12  to amend the Banking Law.

13               ACTING PRESIDENT STOROBIN:   Read 

14  the last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT STOROBIN:   Call 

18  the roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 49.  Nays, 

21  1.  Senator Ball recorded in the negative.

22               ACTING PRESIDENT STOROBIN:   The 

23  bill is passed.

24               THE SECRETARY:   Calendar Number 

25  1005, substituted earlier by Member of the 

                                                               4996

 1  Assembly Abinanti, Assembly Print 9432, an act to 

 2  authorize.

 3               ACTING PRESIDENT STOROBIN:   Read 

 4  the last section.

 5               THE SECRETARY:   Section 2.  This 

 6  act shall take effect immediately.

 7               ACTING PRESIDENT STOROBIN:   Call 

 8  the roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 50.

11               ACTING PRESIDENT STOROBIN:   The 

12  bill is passed.

13               THE SECRETARY:   Calendar Number 

14  1007, by substituted earlier Member of the 

15  Assembly Gunther, Assembly Print 9566, an act 

16  relating to authorizing.

17               ACTING PRESIDENT STOROBIN:   There 

18  is a home-rule message at the desk.

19               Please read the last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT STOROBIN:   Call 

23  the roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 50.

                                                               4997

 1               ACTING PRESIDENT STOROBIN:   The 

 2  bill is passed.

 3               THE SECRETARY:   Calendar Number 

 4  1008, substituted earlier by Member of the 

 5  Assembly Cahill, Assembly Print 9588, an act to 

 6  authorize.

 7               ACTING PRESIDENT STOROBIN:   There 

 8  is a home-rule message at the desk.

 9               Please read the last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect immediately.

12               ACTING PRESIDENT STOROBIN:   Call 

13  the roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 50.

16               ACTING PRESIDENT STOROBIN:   The 

17  bill is passed.

18               THE SECRETARY:   Calendar Number 

19  1010, by Senator Ritchie, Senate Print 7089, an 

20  act to authorize.

21               SENATOR BRESLIN:   Lay it aside.

22               ACTING PRESIDENT STOROBIN:   The 

23  bill is laid aside.

24               SENATOR GRIFFO:   Mr. President, 

25  please lay Calendar 1010 aside for the day.  

                                                               4998

 1  Calendar 1010, we would like the bill laid aside 

 2  for the day.

 3               ACTING PRESIDENT STOROBIN:    

 4  Calendar Number 1010 is laid aside for the day.

 5               The Secretary will continue to 

 6  read.

 7               THE SECRETARY:   Calendar Number 

 8  1011, substituted earlier today by Member of the 

 9  Assembly Schimel, Assembly Print 9998, an act in 

10  relation to authorizing.

11               ACTING PRESIDENT STOROBIN:   Read 

12  the last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect immediately.

15               ACTING PRESIDENT STOROBIN:   Call 

16  the roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 50.

19               ACTING PRESIDENT STOROBIN:   The 

20  bill is passed.  

21               THE SECRETARY:   Calendar Number 

22  1013, by Member of the Assembly Butler, Assembly 

23  Print 10164, an act to allow.

24               ACTING PRESIDENT STOROBIN:   There 

25  is a home-rule message at the desk.

                                                               4999

 1               Read the last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT STOROBIN:   Call 

 5  the roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 50.

 8               ACTING PRESIDENT STOROBIN:   The 

 9  bill is passed.

10               THE SECRETARY:   Calendar Number 

11  1067, by Senator Farley, Senate Print 6909A, an 

12  act to amend the Alcoholic Beverage Control Law.

13               ACTING PRESIDENT STOROBIN:   Read 

14  the last section.

15               THE SECRETARY:   Section 6.  This 

16  act shall take effect June 30, 2012.

17               ACTING PRESIDENT STOROBIN:   Call 

18  the roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   In relation to 

21  Calendar Number 1067, those recorded in the 

22  negative are Senators Fuschillo, Hannon, Little 

23  and Zeldin.  

24               Ayes, 46.  Nays, 4.

25               ACTING PRESIDENT STOROBIN:   The 

                                                               5000

 1  bill is passed.

 2               THE SECRETARY:   Calendar Number 

 3  1109, by Senator Flanagan, Senate Print 7288 --

 4               SENATOR BRESLIN:   Lay it aside.

 5               ACTING PRESIDENT STOROBIN:   The 

 6  bill is laid aside.

 7               THE SECRETARY:   Calendar Number 

 8  1224, by Senator Lanza, Senate Print 5573D, an 

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

10               ACTING PRESIDENT STOROBIN:   Read 

11  the last section.

12               THE SECRETARY:   Section 4.  This 

13  act shall take effect immediately.

14               ACTING PRESIDENT STOROBIN:   Call 

15  the roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 49.  Nays, 

18  1.  Senator Ball recorded in the negative.

19               ACTING PRESIDENT STOROBIN:   The 

20  bill is passed.

21               THE SECRETARY:   Calendar Number 

22  1319, substituted earlier by Member of the 

23  Assembly Perry, Assembly Print 4365A, an act to 

24  amend the General Business Law.

25               ACTING PRESIDENT STOROBIN:   Read 

                                                               5001

 1  the last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect on the 30th day.

 4               ACTING PRESIDENT STOROBIN:   Call 

 5  the roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 50.

 8               ACTING PRESIDENT STOROBIN:   The 

 9  bill is passed.

10               THE SECRETARY:   Calendar Number 

11  1325, by Senator Ritchie, Senate Print 7631B, an 

12  act to amend the Highway Law.

13               ACTING PRESIDENT STOROBIN:   Read 

14  the last section.

15               THE SECRETARY:   Section 3.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT STOROBIN:   Call 

18  the roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 50.

21               ACTING PRESIDENT STOROBIN:   The 

22  bill is passed.

23               THE SECRETARY:   Calendar Number 

24  1336, by Senator Flanagan, Senate Print 7718A, an 

25  act to amend the Education Law.

                                                               5002

 1               ACTING PRESIDENT STOROBIN:   Read 

 2  the last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect July 1, 2012.

 5               ACTING PRESIDENT STOROBIN:   Call 

 6  the roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 52.

 9               ACTING PRESIDENT STOROBIN:   The 

10  bill is passed.

11               THE SECRETARY:   Calendar Number 

12  1342, by Senator Little, Senate Print 7656A, an 

13  act to amend the Highway Law.

14               ACTING PRESIDENT STOROBIN:   Read 

15  the last section.

16               THE SECRETARY:   Section 3.  This 

17  act shall take effect immediately.

18               ACTING PRESIDENT STOROBIN:   Call 

19  the roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 51.  Nays, 

22  1.  Senator Fuschillo recorded in the negative.

23               ACTING PRESIDENT STOROBIN:   The 

24  bill is passed.

25               THE SECRETARY:   Calendar Number 

                                                               5003

 1  1346, substituted earlier by the Assembly 

 2  Committee on Rules, Assembly Print 10685A, an act 

 3  in relation to authorizing.

 4               ACTING PRESIDENT STOROBIN:   Read 

 5  the last section.

 6               THE SECRETARY:   Section 2.  This 

 7  act shall take effect immediately.

 8               ACTING PRESIDENT STOROBIN:   Call 

 9  the roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   In relation to 

12  Calendar Number 1346:  Ayes, 50.  Nays, 2.  

13  Senators Larkin and O'Mara recorded in the 

14  negative.  

15               ACTING PRESIDENT STOROBIN:   The 

16  bill is passed.

17               THE SECRETARY:   Calendar Number 

18  1409, by Senator Young, Senate Print 5356D, an 

19  act to amend the Education Law.

20               ACTING PRESIDENT STOROBIN:   Read 

21  the last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect on the 180th day.

24               ACTING PRESIDENT STOROBIN:   Call 

25  the roll.

                                                               5004

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 51.  Nays, 

 3  1.  Senator Rivera recorded in the negative.

 4               ACTING PRESIDENT STOROBIN:   The 

 5  bill is passed.

 6               THE SECRETARY:   Calendar Number 

 7  1422, by Senator Flanagan, Senate Print 7722A, an 

 8  act to amend the Education Law.

 9               ACTING PRESIDENT STOROBIN:   Read 

10  the last section.

11               THE SECRETARY:   Section 3.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT STOROBIN:   Call 

14  the roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   In relation to 

17  Calendar Number 1422, those recorded in the 

18  negative are Senators Ball, Griffo, Maziarz, 

19  Nozzolio, O'Mara, Ritchie, Saland, Seward, 

20  Stewart-Cousins and Young.

21               Ayes, 42.  Nays, 10.

22               ACTING PRESIDENT STOROBIN:   The 

23  bill is passed.

24               THE SECRETARY:   Calendar Number 

25  1423, by Senator Maziarz, Senate Print 7735A, an 

                                                               5005

 1  act to amend the Public Health Law.

 2               ACTING PRESIDENT STOROBIN:   Read 

 3  the last section.

 4               THE SECRETARY:   Section 4.  This 

 5  act shall take effect October 1, 2012.

 6               ACTING PRESIDENT STOROBIN:   Call 

 7  the roll.

 8               (The Secretary called the roll.)

 9               ACTING PRESIDENT STOROBIN:    

10  Senator Maziarz to explain his vote.

11               SENATOR MAZIARZ:   Thank you very 

12  much, Mr. President.

13                Just very briefly, this 

14  legislation enacts the Safe Patient Handling 

15  Act.  This bill has been a long, long time being 

16  worked out and coming to fruition here.  It's 

17  going to result, I think, in better care for 

18  patients and also going to result in better 

19  treatment of employees in nursing homes and 

20  hospitals across this state.  

21               I want to give a special shout-out 

22  to Roger Cook of WNYCOSH.  His advocacy on behalf 

23  of this legislation has been invaluable.  

24               Also to Kaleida Health, a major 

25  healthcare delivery system in Western New York.  

                                                               5006

 1  Kaleida Health implemented the provisions of this 

 2  legislation voluntarily several years ago, and it 

 3  has resulted in the savings of hundreds of 

 4  thousands of dollars in workers' compensation 

 5  costs.  It has resulted in a steep reduction in 

 6  the number of injuries to healthcare workers, and 

 7  it has resulted in an immeasurable amount of 

 8  workdays that were not lost due to worker injury.

 9               Mr. President, I vote in the 

10  affirmative.  Thank you.

11               ACTING PRESIDENT STOROBIN:    

12  Senator Maziarz to be recorded in the 

13  affirmative.

14               Senator DeFrancisco to explain his 

15  vote.

16               SENATOR DeFRANCISCO:   Thank you.  

17               This bill has been a priority of 

18  nurses for a long, long time, and the logic 

19  behind it is inescapable.  If you have the 

20  correct equipment, you're not only going to be 

21  more safely handle patients, but you're going to 

22  eliminate some of the injuries that nurses 

23  experience as a result of not having that 

24  equipment to move patients from one place to the 

25  other, from the bed to a chair or whatever it 

                                                               5007

 1  might be.

 2               And what was excellent about this 

 3  bill -- it was not an easy lift, because 

 4  obviously some hospitals, some of the most 

 5  powerful hospitals, the ones in the New York City 

 6  area, had fought it for years.  And I want to 

 7  commend Senator Maziarz for listening not only to 

 8  the New York hospitals, other hospitals, nursing 

 9  homes, also to some suggestions that I had to 

10  make the bill better, I thought -- to come to 

11  this bill and actually get it to the point where 

12  it's going to pass this house.

13               So it's an excellent joint effort.  

14  It will save money in the long run, in reducing 

15  workers' compensation claims.  And most 

16  importantly, it will help patients.  So an 

17  excellent bill, and I am proud to vote yes.

18               ACTING PRESIDENT STOROBIN:    

19  Senator DeFrancisco's vote will be recorded in 

20  the affirmative.

21               Senator Kennedy to explain his 

22  vote.

23               SENATOR KENNEDY:   Thank you very 

24  much, Mr. President.

25               This is a major victory for 

                                                               5008

 1  healthcare workers across New York State as well 

 2  as those who rely on high-quality care in the 

 3  healthcare field.

 4               The Safe Patient Handling bill is a 

 5  win/win for New Yorkers.  I want to thank the 

 6  sponsor, Senator Maziarz, for his leadership on 

 7  bringing this to the floor today.  

 8               This bill is going to improve care 

 9  for patients, and it's going to improve working 

10  conditions for nurses and other healthcare 

11  workers.  

12               Prior to joining the Senate, I 

13  worked in the healthcare industry as an 

14  occupational therapist for a number of years 

15  ago.  As I grew up in the healthcare industry, I 

16  also lived in the home where my mother is a nurse 

17  and has worked for many years as a career in 

18  nursing.

19               Nursing is one of the most 

20  physically demanding jobs one can take up.  The 

21  heavy lifting, the running, the patients in need, 

22  the split-second decision-making -- we expect a 

23  lot out of our nurses.  Yet time and time again, 

24  their work successfully leads to improved health 

25  consequences and lives saved.  

                                                               5009

 1               By empowering nurses with safe 

 2  patient handling tools such as engineering 

 3  controls, lifting and transfer aids, as well as 

 4  assistive devices, we're going to help them 

 5  improve patient care and ensure better health for 

 6  the patients as well as better health for the 

 7  workers.

 8               Patient are going to enjoy safer, 

 9  more comfortable healthcare experiences and see 

10  dramatic reductions in the risk of falls, drops, 

11  cuts and bruises.  

12               There's also great benefits for the 

13  healthcare facilities:  Improved quality of care, 

14  higher worker retention rates, fewer on-the-job 

15  injuries.  That means even greater reputations 

16  for our healthcare institutions and reduced 

17  costs.

18               Again, Mr. President, this is 

19  important legislation for New Yorkers who work in 

20  the healthcare field as well as those who rely on 

21  high-quality healthcare.  

22               I vote aye.  Thank you.

23               ACTING PRESIDENT STOROBIN:    

24  Senator Kennedy's vote to be recorded in the 

25  affirmative.

                                                               5010

 1               Senator Hannon to explain his vote.

 2               SENATOR HANNON:   Thank you, 

 3  Mr. President.

 4               I rise to support this Safe Patient 

 5  Handling legislation.  It's been a long time 

 6  coming.  For one thing, it marks a really 

 7  difficult chore of different unions who represent 

 8  healthcare workers coming together and agreeing 

 9  upon a common cause.  And for that we owe really 

10  a debt of thanks to the AFL-CIO for bringing that 

11  together.

12               That being said, I must put a word 

13  of caution in.  Because while the patients will 

14  be benefited, while the workers will be 

15  benefited, and ultimately while the healthcare 

16  system will benefit because of lower costs, there 

17  is a difficulty in implementing this that I've 

18  heard from nursing homes, I've heard from 

19  hospitals.  They are surprised, some are saying 

20  "We're doing this already," some are saying 

21  "We'll never be able to do it."  

22               We have a challenged healthcare 

23  system.  It's short of money, it's short of 

24  personnel, it's short of cash, notwithstanding 

25  the fact that people think there's a lot of 

                                                               5011

 1  people going and using the healthcare system 

 2  right now.  So this is a good step forward, but 

 3  we're also going to make a commitment that we'll 

 4  have to support it as we go forward.  

 5               The Kaleida system has had 

 6  spectacular numbers in improving things in its 

 7  system because of safe patient handling, but that 

 8  was because the Legislature appropriated money in 

 9  HEAL grants to help the Kaleida system 

10  reconstruct part of what they were doing.  So 

11  we're going to have to remember that as we go 

12  forward in our budget-making process in the next 

13  several years.  

14               And I rise in support.  Thank you, 

15  Mr. President.

16               ACTING PRESIDENT STOROBIN:    

17  Senator Hannon's vote to be recorded in the 

18  affirmative.  

19               Announce the results.

20               THE SECRETARY:   Ayes, 51.  Nays, 

21  1.  Senator O'Mara recorded in the negative.

22               ACTING PRESIDENT STOROBIN:   The 

23  bill is passed.

24               THE SECRETARY:   Calendar Number 

25  1425, by Senator Ranzenhofer, Senate Print 7769, 

                                                               5012

 1  an act to amend the State Finance Law.

 2               ACTING PRESIDENT STOROBIN:   Read 

 3  the last section.

 4               THE SECRETARY:   Section 21.  This 

 5  act shall take effect on the 120th day.

 6               ACTING PRESIDENT STOROBIN:   Call 

 7  the roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 52.

10               ACTING PRESIDENT STOROBIN:   The 

11  bill is passed.

12               THE SECRETARY:   Calendar Number 

13  1426, substituted earlier by the Assembly 

14  Committee on Rules, Assembly Bill Number 10784, 

15  an act to amend the Insurance Law.

16               ACTING PRESIDENT STOROBIN:   Read 

17  the last section.

18               THE SECRETARY:   Section 3.  This 

19  act shall take effect on the 180th day.

20               ACTING PRESIDENT STOROBIN:   Call 

21  the roll.

22               (The Secretary called the roll.)

23               ACTING PRESIDENT STOROBIN:    

24  Senator Young to explain her vote.

25               SENATOR YOUNG:   Thank you, 

                                                               5013

 1  Mr. President.

 2               I've been working on a wage 

 3  deduction bill for the past nearly three years, 

 4  and this piece of -- oh, sorry.  Wrong bill.

 5               ACTING PRESIDENT STOROBIN:    

 6  Announce the results.

 7               THE SECRETARY:   Ayes, 53.

 8               ACTING PRESIDENT STOROBIN:   The 

 9  bill is passed.

10               THE SECRETARY:   Calendar Number 

11  1427 --

12               SENATOR LIBOUS:   Lay it aside 

13  temporarily.

14               ACTING PRESIDENT STOROBIN:   The 

15  bill is laid aside temporarily.

16               THE SECRETARY:   Calendar Number 

17  1448, by Senator Hannon, Senate Print 7773, an 

18  act to amend the Public Health Law.

19               ACTING PRESIDENT STOROBIN:   Read 

20  the last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT STOROBIN:   Call 

24  the roll.

25               (The Secretary called the roll.)

                                                               5014

 1               THE SECRETARY:   Ayes, 53.

 2               ACTING PRESIDENT STOROBIN:   The 

 3  bill is passed.

 4               THE SECRETARY:   Calendar Number 

 5  1449, substituted earlier by Member of the 

 6  Assembly DenDekker, Assembly Print 9380B, an act 

 7  to amend the Executive Law.

 8               ACTING PRESIDENT STOROBIN:   Read 

 9  the last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect on the 180th day.

12               ACTING PRESIDENT STOROBIN:   Call 

13  the roll.

14               (The Secretary called the roll.)

15               ACTING PRESIDENT STOROBIN:    

16  Senator DeFrancisco to explain his vote.

17               SENATOR DeFRANCISCO:   Yes, I'm 

18  going to vote no.  

19               I fully understand that this bill 

20  establishes a voluntarily surveillance access 

21  database and that it's voluntary.  I understand 

22  that.  But whenever we pass one of these bills, 

23  whether it's cameras for buses, whether it's 

24  cameras for stoplights, whether it's cameras for 

25  some other law enforcement purpose, I can't help 

                                                               5015

 1  but remembering a book I read in the early '60s 

 2  that seemed so far in the future, called 1984.  

 3               And we're getting closer and closer 

 4  to this George Orwellian state where we're going 

 5  to have so many video cameras, even though it's 

 6  voluntary, people whose legitimate actions, 

 7  legitimate movements are going to be recorded by 

 8  so many different people and so many different 

 9  agencies -- that's not a good thing, in my mind.  

10               So whether this is voluntary or 

11  not, I vote nay.

12               ACTING PRESIDENT STOROBIN:    

13  Senator DeFrancisco's vote is recorded in the 

14  negative.  

15               Announce the results.  

16               THE SECRETARY:   In relation to 

17  Calendar 1449, those recorded in the negative are 

18  Senators Avella, Breslin, DeFrancisco, Dilan, 

19  Gianaris, Griffo, Hannon, Kennedy, Krueger, 

20  Larkin, LaValle, Nozzolio, Oppenheimer, Parker, 

21  Peralta, Perkins, Ranzenhofer, Rivera, Saland, 

22  Serrano, Squadron, Stavisky and Stewart-Cousins.

23               Ayes, 34.  Nays, 23.

24               ACTING PRESIDENT STOROBIN:   The 

25  bill is passed.

                                                               5016

 1               THE SECRETARY:   Calendar Number 

 2  1450, by Senator Ritchie, Senate Print 7778, an 

 3  act to amend the Public Health Law.

 4               ACTING PRESIDENT STOROBIN:   Read 

 5  the last section.

 6               THE SECRETARY:   Section 2.  This 

 7  act shall take effect immediately.

 8               ACTING PRESIDENT STOROBIN:   Call 

 9  the roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 57.

12               ACTING PRESIDENT STOROBIN:   The 

13  bill is passed.

14               THE SECRETARY:   Calendar Number 

15  1451, by Senator Flanagan, Senate Print 7783, an 

16  act to amend the Education Law.

17               ACTING PRESIDENT STOROBIN:   Read 

18  the last section.

19               THE SECRETARY:   Section 22.  This 

20  act shall take effect July 1, 2012.

21               ACTING PRESIDENT STOROBIN:   Call 

22  the roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 57.

25               ACTING PRESIDENT STOROBIN:   The 

                                                               5017

 1  bill is passed.

 2               Senator Krueger, why do you rise?  

 3               SENATOR KRUEGER:   Please excuse 

 4  me; I don't need to speak.  I can fill out a form 

 5  for Rule 9.  Thank you.

 6               ACTING PRESIDENT STOROBIN:    

 7  Senator Libous, that completes the reading of the 

 8  noncontroversial calendar.  Thank you.

 9               SENATOR LIBOUS:   Thank you.  

10               At this time, Mr. President, we 

11  will take up the controversial calendar.  No, no, 

12  no, noncontroversial.  Hang on a second.  

13               ACTING PRESIDENT GRIFFO:   Can we 

14  have some order in the chamber, please.

15               SENATOR LIBOUS:   Yeah, that would 

16  be helpful.  

17               Mr. President, earlier we laid 

18  aside, temporarily, Calendar Number 594.  So 

19  could we have the noncontroversial reading of 

20  that.

21               ACTING PRESIDENT GRIFFO:   The 

22  Secretary will read.

23               THE SECRETARY:   On page 14, 

24  Senator Grisanti moves to discharge, from the 

25  Committee on Rules, Assembly Bill Number 10585A 

                                                               5018

 1  and substitute it for the identical Senate Bill 

 2  Number 6268D, Third Reading Calendar 594.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  substitution is so ordered.

 5               The Secretary will read.

 6               THE SECRETARY:   Calendar Number 

 7  594, by the Assembly Committee on Rules, Assembly 

 8  Print 10585A, an act to amend the Environmental 

 9  Conservation Law.

10               ACTING PRESIDENT GRIFFO:   Read the 

11  last section.

12               THE SECRETARY:   Section 3.  This 

13  act shall take effect May 1, 2013.

14               ACTING PRESIDENT GRIFFO:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               ACTING PRESIDENT GRIFFO:   Senator 

18  Grisanti to explain his vote.

19               SENATOR GRISANTI:   Yes, thank you, 

20  Mr. President.  

21               My fellow colleagues, this is an 

22  important piece of legislation that's passed the 

23  Assembly.  And the premise is quite simple.  Our 

24  constituents across the state need to know how 

25  safe it is to use the water.  

                                                               5019

 1               In this day and age, it's almost 

 2  unthinkable that New Yorkers would be allowed to 

 3  swim, fish, kayak without receiving any warning 

 4  of any recent discharge of sewage into the water, 

 5  yet this happens all too frequently.  

 6               This bill creates a mechanism to 

 7  alert the people of any sewage spills into the 

 8  water that people use for recreational or 

 9  commercial activities.  This will be achieved 

10  without, and I stress without imposing any 

11  burden, financial burden on municipalities.  

12               While the purpose of this bill is 

13  notification, the larger issue is the discharge 

14  in municipalities, the overflow in the sewer 

15  infrastructures.  Combined sewer overflow 

16  discharge, tens of billions of gallons of dirty 

17  water each year.  Municipalities across the state 

18  are making substantial improvements and managing 

19  the stormwater runoff and reducing these 

20  discharges in compliance with their permits with 

21  the DEC.  

22               But this legislation will serve to 

23  educate the public on the need for continued 

24  investment to improve our sewage delivery system 

25  and ultimately prevent pollutage of our public 

                                                               5020

 1  waters.

 2               I want to thank Senate counsel, I 

 3  want to thank my staff for their time and effort 

 4  from this legislation.  

 5               We have no opposition from the 

 6  New York Conference of Mayors, New York State 

 7  Association of Counties, New York State 

 8  Association of Towns, NYWEA, New York Water 

 9  Associates.  

10               We have support from the DEP, DEC, 

11  Riverkeeper, New York League of Conservation 

12  Voters, Adirondack Council, Citizens Campaign for 

13  the Environment, and Long Island Lobby 

14  Coalition.  

15               This is an important step to 

16  protect our public about sewer discharges.  I 

17  vote aye, Mr. President.  

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Grisanti to be recorded in the affirmative.

20               Senator LaValle to explain his 

21  vote.

22               SENATOR LaVALLE:   Thank you, 

23  Mr. President.  

24               I want to compliment Senator 

25  Grisanti for this legislation and the hard work 

                                                               5021

 1  by the staff to put this together.

 2               Every year I host an environmental 

 3  roundtable in my district, and it's quite an 

 4  event.  As a matter of fact, it has grown each 

 5  year.  The discussion each year is usually about 

 6  open space.  This year it was about water, sewage 

 7  discharge, and what this bill is all about.

 8               So I vote in the affirmative, 

 9  Mr. President.

10               ACTING PRESIDENT GRIFFO:   Senator 

11  LaValle to be recorded in the affirmative.

12               Announce the results.

13               THE SECRETARY:   Ayes, 53.  Nays, 

14  4.  Senators Farley, Griffo, Little and Seward 

15  recorded in the negative.

16               ACTING PRESIDENT GRIFFO:   The bill 

17  is passed.

18               Senator Libous.

19               SENATOR LIBOUS:   Mr. President, 

20  there was another bill laid aside earlier today 

21  on the noncontroversial reading, temporarily.  It 

22  would be Calendar Number 1427, by Senator Young.  

23  If we could take that up right now.

24               ACTING PRESIDENT GRIFFO:   The 

25  Secretary will read.

                                                               5022

 1               THE SECRETARY:   On page 38, 

 2  Senator Young moves to discharge, from the 

 3  Committee on Rules, Assembly Bill Number 10785 

 4  and substitute it for the identical Senate Bill 

 5  Number 7790, Third Reading Calendar 1427.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  substitution is ordered.  

 8               The Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  1427, by the Assembly Committee on Rules, 

11  Assembly Print Number 10785, an act to amend the 

12  Labor Law.

13               ACTING PRESIDENT GRIFFO:   Read the 

14  last section.

15               THE SECRETARY:   Section 3.  This 

16  act shall take effect on the 60th day.

17               ACTING PRESIDENT GRIFFO:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Young to explain her vote.

22               I'm going to ask for order in the 

23  chamber so we can hear the Senator explain her 

24  vote.  

25               Senator Young.  

                                                               5023

 1               SENATOR YOUNG:   Thank you, 

 2  Mr. President.

 3               This is an issue that I've been 

 4  working on for nearly three years.  It's great 

 5  for employers and great for employees.  

 6               And we've been working very hard in 

 7  the Senate to change the direction of the state, 

 8  to grow the economy and make our state even more 

 9  competitive from a business sense.  We've made 

10  great progress by working closely with Governor 

11  Cuomo.  And through our partnership, we are 

12  sending a clear message that New York State 

13  indeed is open for business.

14               It's my belief that this bill will 

15  give the Commissioner of Labor the ability to 

16  exercise regulatory action to encourage a more 

17  business-friendly environment in our state.

18               So I'd like to thank everyone for 

19  their support on this measure.  It will be passed 

20  by the Assembly, it's my belief.  So I 

21  enthusiastically vote yes and urge all of my 

22  colleagues to do the same.  

23               Thank you, Mr. President.

24               ACTING PRESIDENT GRIFFO:   Senator 

25  Young will be recorded in the affirmative.

                                                               5024

 1               Announce the results.

 2               THE SECRETARY:   Ayes, 57.

 3               ACTING PRESIDENT GRIFFO:   The bill 

 4  is passed.

 5               Senator Libous, that's the end of 

 6  the noncontroversial temporary lay-asides.

 7               SENATOR LIBOUS:   Thank you, 

 8  Mr. President.  

 9               Could we go back to reports of 

10  standing committees.  I believe there's a report 

11  of the Judiciary Committee at the desk.

12               ACTING PRESIDENT GRIFFO:   Reports 

13  of standing committees.  

14               There is a report of the Judiciary 

15  Committee at the desk.  The Secretary will read.

16               THE SECRETARY:   Senator Bonacic, 

17  from the Committee on Judiciary, reports the 

18  following nominations.

19               As a judge of the Court of Claims, 

20  April A. Newbauer, of Brooklyn.

21               ACTING PRESIDENT GRIFFO:   Senator 

22  Bonacic.

23               SENATOR BONACIC:   Thank you, 

24  Mr. President.

25               The Judiciary Committee met 

                                                               5025

 1  earlier, and we reviewed --

 2               SENATOR LIBOUS:   Excuse me, 

 3  Senator Bonacic, if I may.

 4               SENATOR BONACIC:   Sure.

 5               SENATOR LIBOUS:   If I could.  

 6               This is very important, these 

 7  nominations.  If I could ask staff to leave the 

 8  chamber if you're not discussing something with a 

 9  member.  If members need to discuss business, 

10  we've got tables outside of the chamber.  

11               These nominations are extremely 

12  important to this house.  We need to have order 

13  and move forward.

14               Thank you, Mr. President.

15               ACTING PRESIDENT GRIFFO:   Thank 

16  you, Senator Libous.

17               Senator Bonacic.

18               SENATOR BONACIC:   Thank you, 

19  Mr. President.

20               We've had six excellent people come 

21  before us this morning in the Judiciary Committee 

22  with exemplary qualifications.  The Governor has 

23  nominated all six of them.  And I want to thank 

24  the Governor for putting these excellent people 

25  before this house.

                                                               5026

 1               I'd like to now briefly speak on 

 2  April Newbauer.  She's here with her husband, 

 3  Nicholas, and also her children, Rachel, Justin 

 4  and Simon.  And we welcome them all today.

 5               I move the nomination for 

 6  Ms. Newbauer for the Court of Claims.

 7               ACTING PRESIDENT GRIFFO:   Thank 

 8  you, Senator Bonacic.

 9               Senator Adams.

10               SENATOR ADAMS:   Thank you.  Thank 

11  you, Mr. President.  

12               I just want to second and join my 

13  colleague on his comments on comments about Judge 

14  Newbauer.  She lives in my district, and I 

15  interact with her frequently.  And I really 

16  appreciate what she was done around being a 

17  member of Legal Services, and we look forward to 

18  having her on the bench.  

19               And I appreciate and commend the 

20  Governor on this appointment.

21               Thank you, Mr. President.

22               ACTING PRESIDENT GRIFFO:   Thank 

23  you, Senator Adams.

24               Senator Krueger.

25               SENATOR KRUEGER:   Thank you.  

                                                               5027

 1               I would also like to second the 

 2  nomination of April Newbauer.  I have known April 

 3  for many years in her work on behalf of the Legal 

 4  Aid Society in a number of different functions.  

 5               She is an extraordinary attorney.  

 6  She has enormous compassion for people in need of 

 7  appropriate response from our judicial system.  I 

 8  can't think of a better person to be joining the 

 9  court.  

10               And I know that she will give 

11  everyone who comes before her in her courtroom 

12  her full attention and ensure that the laws of 

13  the State of New York are administered correctly, 

14  fairly, and with heart.  I'm very pleased to see 

15  her becoming a judge in the Court of Claims.

16               Thank you, Mr. President.

17               ACTING PRESIDENT GRIFFO:   Thank 

18  you, Senator Krueger.

19               Senator Smith.

20               SENATOR SMITH:   Thank you very 

21  much, Mr. President.  

22               And I also rise to second the 

23  nomination of April Newbauer.  Just as some of my 

24  colleagues before me have indicated, her work 

25  with Legal Aid, what she has done, she provides 

                                                               5028

 1  the kind of temperament that is necessary to 

 2  dispense justice from the bench.  

 3               I congratulate our chairman, 

 4  Senator Bonacic, for reviewing her background 

 5  through the committee, and also the Governor on 

 6  her selection.  

 7               And to April Newbauer, I say good 

 8  luck to you.  And if you continue to do the work 

 9  as you've done for many people throughout the 

10  City of New York -- and we've had firsthand 

11  experience with you -- I'm quite sure you will do 

12  a great job.  So congratulations to you.

13               ACTING PRESIDENT GRIFFO:   The 

14  question is on the nomination of April A. 

15  Newbauer, of Brooklyn, to serve as a judge of the 

16  Court of Claims.  All in favor signify by saying 

17  aye.

18               (Response of "Aye.")

19               ACTING PRESIDENT GRIFFO:   Opposed?

20               (No response.)

21               ACTING PRESIDENT GRIFFO:   April A. 

22  Newbauer has been confirmed as a judge of the 

23  Court of Claims.  

24               Congratulations.  We welcome you to 

25  the chamber.

                                                               5029

 1               (Applause.)

 2               ACTING PRESIDENT GRIFFO:   The 

 3  Secretary will read.

 4               THE SECRETARY:   As a judge of the 

 5  Court of Claims, Stephen J. Lynch, of Speonk.

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  Bonacic.

 8               SENATOR BONACIC:   Thank you, 

 9  Mr. President.

10               Mr. Lynch is up for the Court of 

11  Claims for a term that would expire March 22nd in 

12  2021.  Again, he was unanimously approved by the 

13  members of the Judiciary Committee, and I would 

14  move the nomination to the floor.  

15               And I'd like you, Mr. President, to 

16  recognize Senator LaValle.

17               ACTING PRESIDENT GRIFFO:   Senator 

18  LaValle.

19               SENATOR LaVALLE:   Thank you very 

20  much, Senator Bonacic.  

21               It is with great pleasure that I 

22  rise to second the nomination of Stephen J. 

23  Lynch, for Court of Claims, who lives in the town 

24  of Southampton.  He is well-qualified by 

25  education, experience -- 17½ years as the 

                                                               5030

 1  principal law clerk to two Supreme Court justices 

 2  in the 10th Judicial District -- and he is also 

 3  qualified by temperament.  

 4               I second his nomination.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  question is on the nomination of Stephen J. Lynch 

 7  as a judge of the Court of Claims.  All in favor 

 8  signify by saying aye.

 9               (Response of "Aye.")

10               ACTING PRESIDENT GRIFFO:   Opposed?

11               (No response.)

12               ACTING PRESIDENT GRIFFO:   Stephen 

13  J. Lynch has been confirmed as a judge of the 

14  Court of Claims.  

15               Congratulations, and we wish you 

16  the best of luck.

17               (Applause.)

18               ACTING PRESIDENT GRIFFO:   The 

19  Secretary will read.

20               THE SECRETARY:   As interim justice 

21  of the Supreme Court, Ninth Judicial District, 

22  Martin I. Efman, of Huntington.

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Bonacic.

25               SENATOR BONACIC:   Thank you, 

                                                               5031

 1  Mr. President.  

 2               Again, I know I'm repeating myself, 

 3  but this gentleman was unanimously approved by 

 4  the Judiciary Committee.  Exemplary 

 5  qualifications.  And I'd like to move the 

 6  nomination for confirmation to the floor.  

 7               And I'd like to refer it to Senator 

 8  Marcellino for comments.

 9               ACTING PRESIDENT GRIFFO:   Senator 

10  Marcellino.

11               SENATOR MARCELLINO:   Thank you, 

12  Mr. President.  

13               I rise to second the nomination of 

14  Martin I. Efman for a term at the Supreme Court 

15  in the Ninth Judicial District.  

16               While I must admit that Judge Efman 

17  is a resident of Huntington, and I represent 

18  Huntington -- for many years -- he and I have 

19  never met.  However, I have heard of him, and I 

20  have heard about him through reputation and 

21  through the legal community, in which he is 

22  well-respected.  He's also well-qualified to do 

23  this very job in a very important court in our 

24  state.

25               So it's with pleasure that I second 

                                                               5032

 1  the nomination of Martin I. Efman for the Supreme 

 2  Court of the State of New York.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  question is on the nomination, as interim justice 

 5  of the Supreme Court, of Martin I. Efman.  All in 

 6  favor signify by saying aye.

 7               (Response of "Aye.")

 8               ACTING PRESIDENT GRIFFO:   Opposed?

 9               (No response.)

10               ACTING PRESIDENT GRIFFO:   Martin 

11  I. Efman has been confirmed as an interim justice 

12  of the Supreme Court, Ninth Judicial District.

13               (Applause.)

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Bonacic.

16               SENATOR BONACIC:   Mr. President, I 

17  was remiss, I did not introduce the judge's 

18  bride, Allison, that's with him today.  Welcome.

19               ACTING PRESIDENT GRIFFO:   we 

20  welcome you to the chamber.

21               (Applause.)

22               ACTING PRESIDENT GRIFFO:   The 

23  Secretary will read.

24               THE SECRETARY:   As judge of the 

25  Court of Claims, Jeffrey A. Goodstein, of 

                                                               5033

 1  Rockville Centre.

 2               ACTING PRESIDENT GRIFFO:   Senator 

 3  Bonacic.

 4               SENATOR BONACIC:   Thank you.  

 5               Judge Goodstein is up for the Court 

 6  of Claims.  He's from Rockville Centre.  He's a 

 7  constituent of Senator Skelos.  His term is going 

 8  to expire on July 31, 2014.  

 9               And again, we move his nomination 

10  to the floor for confirmation.

11               ACTING PRESIDENT GRIFFO:   Senator 

12  Skelos.

13               SENATOR SKELOS:   Mr. President, I 

14  rise to second the nomination of Jeff Goodstein 

15  for a position on the Court of Claims.  

16               I've had the opportunity to know 

17  Jeff and his family -- I know Alyce and Alex and 

18  Max -- for many years.  And he is not just a good 

19  citizen within the community of Rockville Centre, 

20  president of his temple, he's also worked within 

21  the court system for years, really has 

22  distinguished himself.  And I know with certainty 

23  that he will be an excellent judge of the Court 

24  of Claims.

25               So it's my pleasure to second the 

                                                               5034

 1  nomination.

 2               ACTING PRESIDENT GRIFFO:   Thank 

 3  you, Senator Skelos.

 4               The question is on the nomination 

 5  of Jeffrey A. Goodstein as a judge of the Court 

 6  of Claims.  All in favor signify by saying aye.

 7               (Response of "Aye.")

 8               ACTING PRESIDENT GRIFFO:   Opposed?

 9               (No response.)

10               ACTING PRESIDENT GRIFFO:   Jeffrey 

11  A. Goodstein has been confirmed as a judge of the 

12  Court of Claims.  

13               Congratulations, Judge.

14               (Applause.)

15               ACTING PRESIDENT GRIFFO:   The 

16  Secretary will read.

17               THE SECRETARY:   As a judge of the 

18  Court of Claims, Joseph A. Zayas, of Little Neck.

19               ACTING PRESIDENT GRIFFO:   Senator 

20  Bonacic.

21               SENATOR BONACIC:   Thank you, 

22  Mr. President.

23               I want to talk a little bit about 

24  Judge Zayas.  He's with his bride, Catherine, 

25  today, and their kids, Nicole and Zachary.  He 

                                                               5035

 1  also brought some friends, Appellate Judge 

 2  Rolando Acosta and a guest, Rosalie Vasquez.  We 

 3  welcome you all to Albany.

 4               Judge Zayas is from Little Neck.  

 5  His term will expire on May 6, 2019, if 

 6  confirmed, which we expect.  

 7               And I move the nomination at this 

 8  time.

 9               ACTING PRESIDENT GRIFFO:   Thank 

10  you, Senator Bonacic.

11               Senator Smith.

12               SENATOR SMITH:   Thank you very 

13  much, Mr. President.  

14               I rise to second the nomination of 

15  Judge Zayas.  Again, someone who has represented 

16  the temperament of judicial excellence.  I think 

17  he will do a fine job in the State of New York 

18  and we'll be very proud of his record.  

19               His wife, Catherine, is with him.  

20               And I would say congratulations to 

21  Judge Zayas.  I look forward to you doing some 

22  great work as you have done in the past.

23               ACTING PRESIDENT GRIFFO:   Thank 

24  you, Senator Smith.

25               Senator Perkins.  

                                                               5036

 1               SENATOR PERKINS:   Thank you very 

 2  much.  

 3               I also want to rise to second the 

 4  nomination of Mr. Zayas and want to welcome him 

 5  and his family, and especially he is joined with 

 6  Supreme Court Justice Rolando T. Acosta.  

 7               And I want to recognize him 

 8  especially because of the work that he has done 

 9  with the Harlem Community Justice Center, a 

10  multi-jurisdictional problem-solving court 

11  serving the communities of El Barrio and 

12  East Harlem.  And in that capacity he was 

13  responsible for reviewing motions, researching 

14  the law, and collaborating with Justice Acosta in 

15  writing the court's draft and final opinions and 

16  orders resulting in the publication of over 

17  45 decisions in the New York Law Journal, 24 of 

18  which have been published in the Official 

19  Reporter, quote, the Miscellaneous Reports, 

20  Second Series.  

21               He was responsible for conducting 

22  settlement conferences, supervising law students, 

23  advising Justice Acosta's clerks and 

24  administrative staff on legal facts and other 

25  issues.  

                                                               5037

 1               So it's an honor for him to be 

 2  nominated by us, and I want to second that 

 3  nomination.  I hope we all support it.

 4               ACTING PRESIDENT GRIFFO:   Thank 

 5  you, Senator Perkins.

 6               The question is on the nomination 

 7  of Joseph A. Zayas as a judge of the Court of 

 8  Claims.  All in favor signify by saying aye.

 9               (Response of "Aye.")

10               ACTING PRESIDENT GRIFFO:   Opposed?

11               (No response.)

12               ACTING PRESIDENT GRIFFO:   Joseph 

13  A. Zayas has been confirmed as a judge of the 

14  Court of Claims.  

15               Congratulations, Judge.

16               (Applause.)

17               ACTING PRESIDENT GRIFFO:   The 

18  Secretary will read.

19               THE SECRETARY:   As interim justice 

20  of the Supreme Court, Tenth Judicial District, 

21  George R. Peck, of Williston Park.

22               ACTING PRESIDENT GRIFFO:   Senator 

23  Bonacic.

24               SENATOR BONACIC:   Thank you, 

25  Mr. President.  

                                                               5038

 1               And our last nominee is Judge 

 2  Peck.  He's here with his bride, Patricia.  

 3               And let me explain, I've been using 

 4  the word "bride" -- I don't want you to think 

 5  that all of these nominees just got married.  

 6  They didn't.  It's a term I use.  They've 

 7  probably been married a long time.

 8               Judge Peck comes with extensive 

 9  experience, having extended himself in public 

10  service for many, many years.  And we move the 

11  nomination to the floor to be confirmed.  

12               I'd like Senator Martins to 

13  comment.

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Martins.

16               SENATOR MARTINS:   Thank you, 

17  Mr. President.

18               I rise to second the nomination of 

19  George Peck.  I have had the pleasure of knowing 

20  Judge Peck for, gosh, probably close to 30 years, 

21  which is a long time.

22               I am pleased to second his 

23  nomination.  Judge Peck graduated from Hofstra 

24  University, went on to St. John's University 

25  School of Law and also New York University School 

                                                               5039

 1  of Law.  He's a great community member.  

 2               He's here with his wife, Patricia.  

 3  I know him as also not only a wonderful husband, 

 4  father, but also a great grandfather, a person 

 5  who gives back to the community.  

 6               But he is the jurist's jurist.  

 7  He's a person who's committed his life to public 

 8  service.  He has tried more homicide cases in 

 9  Nassau County than any other assistant district 

10  attorney in the history of Nassau County.  He's 

11  been an exemplary judge on the bench, not only as 

12  a District Court judge but as an acting 

13  Supreme Court judge for the past 10 years.  

14               I am proud and privileged to second 

15  his nomination and looking forward to our 

16  colleagues' support and a quick confirmation.  

17               Congratulations.

18               ACTING PRESIDENT GRIFFO:   Thank 

19  you, Senator Martins.

20               The question is on the nomination 

21  of George R. Peck as an interim justice of the 

22  Supreme Court, Tenth Judicial District.  All in 

23  favor signify by saying aye.

24               (Response of "Aye.")

25               ACTING PRESIDENT GRIFFO:   Opposed?

                                                               5040

 1               (No response.)

 2               ACTING PRESIDENT GRIFFO:   Judge 

 3  George R. Peck has been confirmed as an interim 

 4  justice of the Supreme Court.  

 5               Congratulations.

 6               (Applause.)

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Libous, that completes the Judiciary report.

 9               SENATOR LIBOUS:   Thank you, 

10  Mr. President.  

11               Could you call on Senator Breslin 

12  at this time.

13               ACTING PRESIDENT GRIFFO:   Senator 

14  Breslin.

15               SENATOR BRESLIN:   Thank you, 

16  Mr. President.  

17               There will be an immediate meeting 

18  of the Democratic Conference in Room 315, 

19  immediate and important.

20               ACTING PRESIDENT GRIFFO:   There 

21  will be an immediate meeting of the Democrat 

22  Conference in Room 315.

23               Senator Libous.

24               SENATOR LIBOUS:   Mr. President, 

25  there will be a Rules Committee meeting at 12:30 

                                                               5041

 1  promptly in Room 332.

 2               ACTING PRESIDENT GRIFFO:   There 

 3  will be a Rules Committee meeting at 12:30 

 4  promptly in Room 332.

 5               The Senate should stand at ease.

 6               (Whereupon, the Senate stood at ease 

 7  at 12:10 p.m.)

 8               (Whereupon, the Senate reconvened at 

 9  1:05 p.m.)

10               ACTING PRESIDENT GRIFFO:   The 

11  Senate will come to order.

12               Senator Libous.

13               SENATOR LIBOUS:   Mr. President, if 

14  we can go to reports of standing committees, I 

15  believe there's a report of the Rules Committee 

16  at the desk.

17               ACTING PRESIDENT GRIFFO:   Reports 

18  of standing committees.  

19               There is a report of the Rules 

20  Committee, and the Secretary will read.

21               THE SECRETARY:   Senator Skelos, 

22  from the Committee on Rules, reports the 

23  following bills:  

24               Senate Print 2160B, by Senator 

25  McDonald, an act to amend the Highway Law; 

                                                               5042

 1               2640A, by Senator LaValle, an act 

 2  in relation to authorizing; 

 3               2926B, by Senator Johnson, an act 

 4  to amend the Public Health Law; 

 5               3809A, by Senator Golden, an act to 

 6  amend the Penal Law; 

 7               4082, by Senator Ranzenhofer, an 

 8  act to amend the Education Law; 

 9               4605A, by Senator LaValle, an act 

10  to amend the Town Law; 

11               4847B, by Senator Klein, an act to 

12  amend the Insurance Law; 

13               4934, by Senator Bonacic, an act to 

14  amend the State Finance Law; 

15               5023A, by Senator Addabbo, an act 

16  to amend the General City Law; 

17               5336A, by Senator Savino, an act to 

18  amend the Town Law; 

19               5500A, by Senator Ranzenhofer, an 

20  act to amend the Education Law; 

21               5707, by the Committee on Rules, an 

22  act to amend the Civil Service Law; 

23               6224A, by Senator Golden, an act to 

24  amend the Administrative Code of the City of 

25  New York; 

                                                               5043

 1               6228B, by Senator Hannon, an act to 

 2  amend the Public Health Law; 

 3               6487, by Senator Lanza, an act to 

 4  amend the Tax Law; 

 5               6581, by Senator Grisanti, an act 

 6  to authorize; 

 7               6833, by Senator Ball, an act to 

 8  amend the Vehicle and Traffic Law; 

 9               6900, by Senator Young, an act to 

10  amend Chapter 208 of the Laws of 2010; 

11               6905, by Senator McDonald, an act 

12  to authorize; 

13               6983, by Senator Ball, an act to 

14  repeal Title 8 of Article 15-B of the General 

15  Municipal Law; 

16               7001A, by Senator Lanza, an act to 

17  amend the Labor Law; 

18               7071B, by Senator Hannon, an act to 

19  amend the Insurance Law; 

20               7074A, by Senator Golden, an act to 

21  amend Chapter 735 of the Laws of 2006; 

22               7120A, by Senator Flanagan, an act 

23  to amend the Education Law; 

24               7170B, by Senator Carlucci, an act 

25  authorizing; 

                                                               5044

 1               7212A, by Senator Saland, an act to 

 2  amend the Penal Law; 

 3               7456B, by Senator Saland, an act to 

 4  amend the Education Law; 

 5               7484A, by Senator Saland, an act in 

 6  relation to certain agreements; 

 7               7502, by Senator Nozzolio, an act 

 8  granting retroactive Tier IV membership; 

 9               7523A, by Senator Golden, an act to 

10  amend the Public Authorities Law; 

11               7526, by Senator Grisanti, an act 

12  to authorize; 

13               7553, by Senator Ranzenhofer, an 

14  act relating to part-time police officer 

15  positions; 

16               7559, by Senator Larkin, an act to 

17  authorize; 

18               7579, by Senator Gallivan, an act 

19  to amend the Family Court Act; 

20               7587B, by Senator McDonald, an act 

21  to amend the Correction Law;

22               7611A, by Senator Ritchie, an act 

23  to amend the Agriculture and Markets Law; 

24               7644, by Senator Fuschillo, an act 

25  to amend the Vehicle and Traffic Law; 

                                                               5045

 1               7651, by Senator Stewart-Cousins, 

 2  an act to authorize; 

 3               7705A, by Senator Marcellino, an 

 4  act to amend Section 17 of Chapter 483 of the 

 5  Laws of 2010; 

 6               7707, by Senator McDonald, an act 

 7  to authorize; 

 8               7715, by Senator Alesi, an act to 

 9  amend the Public Health Law; 

10               7721, by Senator Zeldin, an act to 

11  amend the Criminal Procedure Law; 

12               7751, by Senator Ritchie, an act to 

13  authorize; 

14               7753, by Senator Larkin, an act 

15  making appropriations; 

16               7757, by Senator Ball, an act 

17  extending the provisions; 

18               7768A, by Senator Little, an act 

19  providing; 

20               7782, by Senator Robach, an act to 

21  amend the State Finance Law; 

22               7799, by Senator Breslin, an act 

23  granting retroactive Tier IV membership; 

24               7812, by Senator Storobin, an act 

25  to amend the Election Law; 

                                                               5046

 1                And 7792, by the Senate Committee 

 2  on Rules, an act to amend the Education Law.

 3               All bills reported direct to third 

 4  reading.

 5               ACTING PRESIDENT GRIFFO:   Senator 

 6  Libous.

 7               SENATOR LIBOUS:   Mr. President, I 

 8  move to accept the report of the Rules Committee.

 9               ACTING PRESIDENT GRIFFO:   All in 

10  favor of accepting the Committee on Rules report 

11  signify by saying aye.

12               (Response of "Aye.")

13               ACTING PRESIDENT GRIFFO:   Opposed?

14               (No response.)

15               ACTING PRESIDENT GRIFFO:   The 

16  Committee on Rules report is accepted.

17               Senator Libous.

18               SENATOR LIBOUS:   Mr. President, 

19  give me about 60 seconds.  (Pause.)

20               Mr. President.

21               ACTING PRESIDENT GRIFFO:   Senator 

22  Libous.

23               SENATOR LIBOUS:   We're going to do 

24  the noncontroversial reading of the supplemental 

25  calendar, Calendar Number 61A, but we're going to 

                                                               5047

 1  do it in a different order.  I'm going to ask if 

 2  we could please take up Number 1502 first.

 3               ACTING PRESIDENT GRIFFO:   We can, 

 4  Senator Libous.  And the Secretary will read.

 5               THE SECRETARY:   Calendar Number 

 6  1502, by the Senate Committee on Rules, Senate 

 7  Print 7792, an act to amend the Education Law.

 8               ACTING PRESIDENT GRIFFO:   Read the 

 9  last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect July 1, 2012.

12               ACTING PRESIDENT GRIFFO:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               ACTING PRESIDENT GRIFFO:   Senator 

16  Flanagan to explain his vote.

17               SENATOR FLANAGAN:   Thank you, 

18  Mr. President.

19               This is a very significant, very 

20  important, critical bill for the State of 

21  New York, for education, for students, teachers, 

22  parents.  And I'm glad that we are moving on this 

23  bill, I'm glad we're passing this bill.  But I 

24  want to briefly put this in context.  

25               I think every one of us recognizes 

                                                               5048

 1  that we have very significant challenges in the 

 2  area of education in the State of New York.  As 

 3  we move ahead, we have to look at some of the 

 4  things we've done well and places where we can 

 5  improve.  

 6               When you look at teacher 

 7  evaluations, you look at student outcomes, you 

 8  look at test scores, when you look at the status 

 9  of education in the State of New York, it's kind 

10  of like moving a hitting target.  There's a lot 

11  of things going on at once, and there's a lot of 

12  very significant changes coming from the federal 

13  government that affect how we operate here in the 

14  State of New York.

15               So I don't think that we should be 

16  looking at this in isolation in any way, shape or 

17  form.  If you look at the law that we passed 

18  regarding evaluations, the idea is to improve 

19  teacher performance to ultimately enhance student 

20  outcomes in a variety of different ways -- test 

21  scores, college readiness, many things that 

22  anyone can think of.  

23               I believe this bill strikes a good 

24  balance, but we have to be very careful and 

25  judicious in two ways.  Number one, we have to be 

                                                               5049

 1  prepared that this is fluid and that some of 

 2  these things are going to change over the next 

 3  six months to a year and thereafter.  And 

 4  everyone has acknowledged that, including the 

 5  Executive.  

 6               This is a work in progress, which 

 7  is frustrating to a lot of us as well as to the 

 8  people who are affected by it.  But we got 

 9  talking about student outcomes; it is very, very 

10  important that we continue to focus on this.

11               Second, perhaps more important 

12  thing, many of our colleagues have shared 

13  concerns about how do you find and strike that 

14  appropriate balance:  How do you advocate for 

15  disclosure to give information to the public and 

16  parents, and how do you protect the privacy 

17  interests and the rights of teachers who we're 

18  asking to stand in front of a classroom and do a 

19  very good job for our kids?  

20               In this legislation we often talk 

21  about legislative intent.  I believe the intent 

22  regarding this is to strike that balance.  And I 

23  want to focus on one area.  

24               This isn't so much for the City of 

25  New York and bigger school districts, but when we 

                                                               5050

 1  talk about disclosing information to the public 

 2  and looking about not releasing personally 

 3  identifying information, I would like to state 

 4  for the record that the State Education 

 5  Department has to work very hard to make sure 

 6  that in our rural schools, when you're talking 

 7  about class, subject, grade and things of that 

 8  nature, that we don't have people's names out 

 9  there floating out in the public.  

10               That is a potential issue.  And I 

11  am very hopeful, having spoken with the Executive 

12  and working closely with the State Education 

13  Department, that they will interpret that 

14  properly so we do achieve that balance.

15               Again, teacher performance, 

16  ultimately what do we do about student outcomes.  

17  And this is a step in the right direction.  I am 

18  voting in the affirmative.  

19               Thank you, Mr. President.

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Flanagan to be recorded in the affirmative.

22               Senator Smith to explain his vote.

23               SENATOR SMITH:   Thank you very 

24  much, Mr. President.  

25               Let me first rise to congratulate 

                                                               5051

 1  the Governor on a bill that I believe will be 

 2  quite transformational for the school system in 

 3  this state.  I think it's also important that we 

 4  recognize the information that will be gathered 

 5  by this law.  I do hope that it will be used for 

 6  the right purposes.  

 7               As we all know, the most important 

 8  thing, as Senator Flanagan indicated earlier, is 

 9  how best this is utilized for the purpose of 

10  educating our children.  Our children today 

11  compete on a world stage.  They are competing 

12  with everyone around the world.  In order for us 

13  to be competitive with other students around the 

14  world as we look for the future of this state and 

15  this country, our students have to be 

16  well-educated.  

17               Our teachers, who do a great job, 

18  and from time to time are not thanked for the job 

19  they do, also need to know that we are here for 

20  the benefit of what they do and to help them.  

21  They should not look at this as a challenge to 

22  their performance, but one in which we all are 

23  coming together to find that appropriate mix.

24               As Senator Flanagan did say 

25  earlier, there are a number of pieces, a number 

                                                               5052

 1  of moving parts to this particular legislation.  

 2  It clearly will go through some morphing over the 

 3  next six months to a year.  As you know, there 

 4  was a lawsuit last year where UFT had lost, and 

 5  it became a full disclosure of information.  And 

 6  now that particular decision that was rendered by 

 7  the court system is now being superseded by this 

 8  bill.  

 9               I'm not sure if that will 

10  withstand.  I do hope it does.  But at the end of 

11  the day I would hope, as we move through this 

12  particular law and it does go through some 

13  morphing over the next six to seven months, that 

14  we are all very open-minded.  The goal here is to 

15  have a first-class educational system where the 

16  teachers perform well, where the students receive 

17  the academic instruction very well so they can go 

18  on and perform their particular duties in life, 

19  whether they're going to be senators, doctors and 

20  lawyers.  

21               But again, for the benefit of our 

22  society, I'll be voting aye, Mr. President.  

23  Thank you very much.

24               ACTING PRESIDENT GRIFFO:   Senator 

25  Smith to be recorded in the affirmative.

                                                               5053

 1               Senator Squadron to explain his 

 2  vote.

 3               SENATOR SQUADRON:   Thank you, 

 4  Mr. President.  

 5               This bill is obviously one of the 

 6  most talked about here at the end of this year's 

 7  session that is actually seeing the light of 

 8  day.  And I'm glad it is.  And I think it's 

 9  another reminder that we need to really invest in 

10  an evaluation and testing system in this state 

11  more than we have.  And we need a better one than 

12  we have, frankly, as its importance increases due 

13  to the issues Senator Flanagan and Senator Smith 

14  have talked about.

15               So let's take this as a reminder, 

16  as we go into next year's budget, as we continue 

17  to think about education policy in this state, 

18  that we don't have tests or an evaluation system 

19  that live up to our goals for our education 

20  system.

21               In addition, it's a real shame that 

22  such an important bill is sponsored by the 

23  Rules Committee.  It is being voted on on the 

24  floor, which is an improvement over some other 

25  important issues here at the end of session.  But 

                                                               5054

 1  I wish we had a sponsor on it who actually had 

 2  voters and existed.  

 3               So I will vote aye today, 

 4  disappointed that it is Rules bill.  Thank you.  

 5               ACTING PRESIDENT GRIFFO:  Senator 

 6  Squadron to be recorded in the affirmative.

 7               Announce the results.

 8               THE SECRETARY:   Ayes, 58.  Nays, 

 9  1.  Senator Lanza recorded in the negative.

10               ACTING PRESIDENT GRIFFO:   The bill 

11  is passed.

12               SENATOR LIBOUS:   Mr. President.

13               ACTING PRESIDENT GRIFFO:   Senator 

14  Libous.

15               SENATOR LIBOUS:   I will call an 

16  immediate meeting of the Higher Education 

17  Committee in Room 332, an immediate meeting of 

18  the Higher Education Committee in 332.  And we 

19  will continue with the supplemental list in a 

20  second.

21               ACTING PRESIDENT GRIFFO:   There 

22  will be an immediate meeting of the Higher 

23  Education Committee in Room 332.  

24               Session will continue.  And we will 

25  invoke Rule 9, Senator Libous, for those members 

                                                               5055

 1  attending the committee meetings?  

 2               SENATOR LIBOUS:   Thank you, 

 3  Mr. President.  We will invoke Rule 9 for the 

 4  committee meeting members if there are any 

 5  controversial votes or any no votes that need to 

 6  take place.

 7               Mr. President, can I have some 

 8  order in the chamber.

 9               ACTING PRESIDENT GRIFFO:   Some 

10  order in the chamber, please {gaveling}.

11               Senator Libous.  

12               SENATOR LIBOUS:   Earlier today, 

13  Mr. President, there were some bills laid aside, 

14  and we'd like to take those bills up at this 

15  time.  

16               And we are on the active list from 

17  earlier this morning.  And we are calling up 

18  Calendar Number 374, by Senator Flanagan.  The 

19  bill was laid aside earlier today.  We are on the 

20  controversial reading.

21               ACTING PRESIDENT GRIFFO:   The 

22  Secretary will ring the bell.  

23               The Secretary will read.

24               THE SECRETARY:   Calendar Number 

25  374, by Senator Flanagan, Senate Print 4690A, an 

                                                               5056

 1  act to amend the Public Authorities Law.

 2               SENATOR BRESLIN:   Explanation.

 3               ACTING PRESIDENT GRIFFO:   Senator 

 4  Flanagan, Senator Breslin has requested an 

 5  explanation on Calendar 374.

 6               SENATOR FLANAGAN:   Senator 

 7  Breslin, very simply, this bill requires that if 

 8  a public authority is going to form a subsidiary, 

 9  that they have to come back to the Legislature to 

10  get approval before doing so.

11               ACTING PRESIDENT GRIFFO:   Seeing 

12  and hearing no other Senator wishing to be heard, 

13  the debate is closed and the Secretary will ring 

14  the bell.  

15               Senator Libous.

16               SENATOR LIBOUS:   Thank you, 

17  Mr. President.

18               ACTING PRESIDENT GRIFFO:   Can I 

19  have some order in the chamber, please 

20  {gaveling}.

21               SENATOR LIBOUS:   Are we ringing 

22  the bell, Mr. President?  

23               ACTING PRESIDENT GRIFFO:   The bell 

24  has been rung.  We are on a controversial 

25  calendar vote.  We urge members to stay in the 

                                                               5057

 1  chamber.  

 2               And we've also invoked Rule 9 for 

 3  those who are attending the Higher Education 

 4  Committee meeting.

 5               The Secretary will read the last 

 6  section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT GRIFFO:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               ACTING PRESIDENT GRIFFO:   Announce 

13  the results.

14               THE SECRETARY:   Ayes, 60.

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.

17               SENATOR LIBOUS:   Mr. President.

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Libous.

20               SENATOR LIBOUS:   We are now going 

21  to take up Calendar Number 615, controversial, by 

22  Senator Zeldin.

23               ACTING PRESIDENT GRIFFO:   The 

24  Secretary will read.

25               THE SECRETARY:   Calendar Number 

                                                               5058

 1  615, by Senator Zeldin, Senate Print 6872B, an 

 2  act to amend the General Business Law.

 3               SENATOR BRESLIN:   Explanation.

 4               ACTING PRESIDENT GRIFFO:   An 

 5  explanation has been requested by Senator 

 6  Breslin, Senator Zeldin.

 7               SENATOR ZELDIN:   This bill is in 

 8  relation to the refunds to a consumer of money 

 9  from a used-car dealership for failing to correct 

10  a malfunction or defect.  

11               ACTING PRESIDENT GRIFFO:   Senator 

12  Squadron.

13               SENATOR SQUADRON:   Would the 

14  sponsor yield to a couple of questions.

15               ACTING PRESIDENT GRIFFO:   Senator 

16  Zeldin, do you yield to couple of questions?  

17               SENATOR ZELDIN:   Yes.

18               ACTING PRESIDENT GRIFFO:   The 

19  sponsor yields.

20               SENATOR SQUADRON:   Thank you.  

21  Through you, Mr. President.  

22               So thank you for that exhaustive 

23  explanation of the bill.  But just for somewhat 

24  further explanation -- sorry, through you -- if 

25  the sponsor would describe the way in which the 

                                                               5059

 1  so-called Lemon Law would be applied for a 

 2  consumer's refund if this bill became law.

 3               SENATOR ZELDIN:   Once you are -- 

 4  through you, Mr. President, once you are outside 

 5  the warranty period, you have a statute of 

 6  limitations to bring an action.  There will be a 

 7  depreciation based on the federal limits.  Right 

 8  now, it's about 22, 23 cents.  It was 22 cents in 

 9  2011.  

10               So that if you deliberately wait 

11  and you're driving the car for a long period of 

12  time to get the use out of the car, you're not 

13  getting a full refund.  So that it's a fairer 

14  reimbursement if you choose to wait to bring your 

15  action.  

16               SENATOR SQUADRON:   If the sponsor 

17  would continue to yield.

18               ACTING PRESIDENT GRIFFO:   The 

19  sponsor yields.

20               SENATOR SQUADRON:   Thank you.  How 

21  is "lemon" defined in the current law?  Meaning 

22  under what circumstance can a consumer return 

23  their car and get a refund under the Lemon Law?

24               SENATOR ZELDIN:   Well, the 

25  warranty, right now it's based on -- through you, 

                                                               5060

 1  Mr. President, the warranty is based on the 

 2  amount of mileage when you purchase the vehicle.  

 3  So if the vehicle is between 18,000 miles and 

 4  36,000 miles, you have a warranty for 90 days or 

 5  4,000 miles.  If the vehicle was purchased 

 6  between 36,001 to 79,999, you have a warranty of 

 7  60 days or 3,000 miles.  If it's 80,000 to 

 8  100,000 miles, it's 30 days or 1,000 miles.

 9               SENATOR SQUADRON:   If the sponsor 

10  would continue to yield.

11               ACTING PRESIDENT GRIFFO:   The 

12  sponsor yields.

13               SENATOR SQUADRON:   And within that 

14  period of time, under the Lemon Law you need to 

15  either have the car out of service for 15 days or 

16  have the problem not fixed on three separate 

17  service calls.

18               So in other words, if this bill 

19  passed and you were to have a car for any one of 

20  those periods and you were trying to use the car 

21  for that period in order to take your kids to 

22  childcare or to school, in order to go to the 

23  supermarket, go to a doctor's appointment, do any 

24  of the things that folks depend on their cars 

25  for, and you went over the mileage standard that 

                                                               5061

 1  you laid out, and then you tried to return your 

 2  car, you would not get back the full purchase 

 3  price of that car even though you had been sold a 

 4  lemon?  

 5               SENATOR ZELDIN:   Through you, 

 6  Mr. President, there would be a recommendation 

 7  that you would just return your car.  If you 

 8  choose to continue driving it and not return your 

 9  car, that's your own choice as a consumer.  But 

10  the recommendation, if you're not happy with your 

11  car and you're entitled to a refund, then just 

12  return it.  

13               This applies to those people that 

14  choose to continue to drive their car for a long 

15  time.

16               SENATOR SQUADRON:   If the sponsor 

17  would continue to yield.

18               SENATOR ZELDIN:   Yes.

19               ACTING PRESIDENT GRIFFO:   The 

20  sponsor yields.

21               SENATOR SQUADRON:   So in other 

22  words, under the Lemon Law you can just go 

23  ahead -- if the car is in the service station for 

24  15 days or three separate incidents, you can just 

25  go return your car and get a new car.  You don't 

                                                               5062

 1  have to go through any other additional process 

 2  before you're able to return that car, during 

 3  which time you depend or your car in order to do 

 4  some of the basic things that folks do in order 

 5  to live their lives.  

 6               SENATOR ZELDIN:   Through you, 

 7  Mr. President, I thought you were referring to 

 8  once you're entitled to get a refund for the 

 9  car.  You're talking about the process before 

10  then.  

11               SENATOR SQUADRON:   If the sponsor 

12  would continue to yield.

13               ACTING PRESIDENT GRIFFO:   The 

14  sponsor yields.

15               SENATOR SQUADRON:   But under this 

16  legislation, even in the period before you 

17  actually return the car, if you go over these 

18  warranty numbers, that will be reduced from what 

19  you get back when you return the lemon?  

20               SENATOR ZELDIN:   Yes.

21               SENATOR SQUADRON:   Thank you.  If 

22  the sponsor would continue to yield.

23               SENATOR ZELDIN:   Yes.

24               ACTING PRESIDENT GRIFFO:   The 

25  sponsor yields.

                                                               5063

 1               SENATOR SQUADRON:   And in addition 

 2  to the standards we've talked about -- 15 days, 

 3  three calls -- there's also an arbitration or 

 4  court proceeding provision that I think is 

 5  75 days.  So you're talking about a pretty 

 6  significant period of time before you can prove 

 7  that the car you bought was a lemon and you can 

 8  go back to the car dealership and try to get that 

 9  refund; is that correct?

10               SENATOR ZELDIN:   Through you, 

11  Mr. President, once you go to the arbitrator, you 

12  would not be responsible for any further 

13  depreciation.

14               SENATOR SQUADRON:   If the sponsor 

15  would continue to yield.

16               ACTING PRESIDENT GRIFFO:   Sponsor, 

17  do you yield?  

18               SENATOR ZELDIN:   Yes.

19               SENATOR SQUADRON:   I believe 

20  it's -- and, actually, let's get into this.  I 

21  believe it's after the arbitrator's decision and 

22  then you go to the car dealership itself and you 

23  actually ask the car dealer who sold you the 

24  lemon and is required to now take the car back 

25  and give you a refund, they actually need to sign 

                                                               5064

 1  off subsequent to the arbitrator's decision on 

 2  the number of miles that will be reduced; isn't 

 3  that correct?  

 4               SENATOR ZELDIN:   Through you, 

 5  Mr. President, regardless of whether or not the 

 6  dealership signs off on it, the consumer would 

 7  not be responsible for any further depreciation.

 8               SENATOR SQUADRON:   If the sponsor 

 9  would continue to yield.

10               ACTING PRESIDENT GRIFFO:   Sponsor, 

11  do you continue to yield?  

12               SENATOR ZELDIN:   Yes.

13               SENATOR SQUADRON:   Doesn't the 

14  bill require the consumer to go back to the 

15  dealer who they were just in an adversarial 

16  proceeding with and, outside of that adversarial 

17  proceeding, get the dealer to sign off on the 

18  mileage for the reduction?

19               SENATOR ZELDIN:   Yes.  Regardless, 

20  the consumer will not be responsible for any 

21  further depreciation.

22               SENATOR SQUADRON:   And if the 

23  sponsor would yield for a final question.

24               ACTING PRESIDENT GRIFFO:   Final 

25  question?  

                                                               5065

 1               SENATOR ZELDIN:   Yes.

 2               SENATOR SQUADRON:   Thank you.  So 

 3  under current law, if you're sold a lemon and you 

 4  want to return the lemon and get your money back, 

 5  there's a process for that.  

 6               Under this law, if you're sold a 

 7  lemon and then you have to depend on that for the 

 8  period of time before you can get your refund, 

 9  you lose some of the money that you put out on 

10  that lemon that you were sold that you have a 

11  right to a refund on; is that correct?  

12               SENATOR ZELDIN:   Through you, 

13  Mr. President.  Only if you are outside of your 

14  warranty.  You're not responsible for any 

15  depreciation when you're within your warranty.

16               SENATOR SQUADRON:   Thank you.  On 

17  the bill, Mr. President.

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Squadron on the bill.

20               SENATOR SQUADRON:   So under the 

21  new-car Lemon Law, a purchaser has 12,000 miles 

22  to drive that lemon during the period of time 

23  that they are discovering it's a lemon, they're 

24  trying to get it fixed, they're in a proceeding 

25  in order to get their refund.  Twelve thousand 

                                                               5066

 1  miles.  Which sort of, based on an average usage 

 2  if you look at leases, is about a year's worth of 

 3  potential usage.

 4               Under this law, folks could have as 

 5  little as 30 days and a thousand miles in a 

 6  process that requires 15 days out of service and 

 7  then like a 75-day arbitration proceeding.  So 

 8  the odds of being out of warranty while you're 

 9  just proving that you were sold a lemon are 

10  incredibly high.  

11               Unless we're asking people who went 

12  out and purchased a car that was a lemon to also 

13  not use that car in the period of time they're 

14  trying to get their refund.  Which means we're 

15  asking people who go out and are sold a lemon to 

16  not go to the hospital, not take their kids to 

17  daycare or school, not go to the supermarket, not 

18  drive to and from their job, because in doing so 

19  they're actually losing money on the purchase of 

20  their lemon.  That doesn't make sense.

21               Now, Senator Zeldin did talk about 

22  the need to make sure that folks aren't abusing 

23  the Lemon Law, that folks aren't driving around 

24  after a decision has been rendered, they get a 

25  refund on the car and they spend 30 days, which 

                                                               5067

 1  the law allows, driving around or taking a road 

 2  trip down to New Orleans or Chicago or wherever 

 3  they want to go.  

 4               That is a problem, and I would 

 5  actually agree with Senator Zeldin that's a 

 6  problem in the existing law that we do need to 

 7  deal with.  The Lemon Law is not "a free car for 

 8  a couple of months" law, it is a law to protect 

 9  consumers from being sold lemons.  

10               Unfortunately, this law makes it 

11  impossible for the consumer who is sold a lemon 

12  to then go get the replacement car.  Because 

13  what's all too likely to happen -- we're talking 

14  about a used-car purchaser, someone who is likely 

15  on a budget, someone who is choosing to buy a 

16  used car because they can't afford a more 

17  expensive option or a new option -- we're asking 

18  them to lose some of the cost of that car when 

19  they get their refund.  

20               Which means not only were you sold 

21  a lemon, not only do you have to suffer with that 

22  lemon through the process defined in current law, 

23  not only do you then have to go to the dealer and 

24  get the dealer to agree and validate the number 

25  of miles you drove -- but at the end of all of 

                                                               5068

 1  this, you return your car and you get less money 

 2  back than you paid in the first place, so then 

 3  you have to go buy a worse car.  

 4               So in other words, you have someone 

 5  buying a used car in the first place, someone 

 6  getting sold a lemon, someone eventually getting 

 7  some of the money back on their lemon, and then 

 8  that poor consumer who's had to suffer through 

 9  this for the whole time, the only option they 

10  have is a worse car?  That doesn't make sense.

11               Again, I agree with the sponsor 

12  that there is a fix needed in the Lemon Law.  I 

13  would be happy to work with him and others on 

14  it.  I think that the idea that folks would abuse 

15  the system, that folks would abuse what is really 

16  a great consumer protection we have in this state 

17  for both new and used cars needs to be dealt 

18  with.  The amount that you drive that lemon 

19  outside of sort of these core needs -- going to 

20  the hospital, going to daycare, going to your 

21  job, going to the supermarket -- should be a 

22  factor, I agree with that.  

23               But unfortunately, because of the 

24  way warranties work on used cars and because of 

25  the way this bill is written, it doesn't solve 

                                                               5069

 1  that problem.  What it really does is it says to 

 2  a consumer:  If you get sold a lemon, the 

 3  likelihood is you'll have to buy an even worse 

 4  car next time around.  

 5               I vote no and urge others to vote 

 6  no, Mr. President.  Thank you.

 7               ACTING PRESIDENT GRIFFO:   Seeing 

 8  and hearing no other Senator wishing to speak, 

 9  the debate is closed.  

10               The Secretary will ring the bell.  

11               Read the last section.

12               THE SECRETARY:   Section 7.  This 

13  act shall take effect on the 90th day.

14               ACTING PRESIDENT GRIFFO:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               ACTING PRESIDENT GRIFFO:   Announce 

18  the results.

19               THE SECRETARY:   In relation to 

20  Calendar 615, those recorded in the negative are 

21  Senators Addabbo, Avella, DeFrancisco, Duane, 

22  Gianaris, Hassell-Thompson, Montgomery, Peralta, 

23  Perkins, Saland, Smith, Squadron and 

24  Stewart-Cousins.  Also Senator Sampson.  

25               Ayes, 46.  Nays, 14.

                                                               5070

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               Senator Libous.

 4               SENATOR LIBOUS:   Mr. President, 

 5  can we also take up now on this list, the 

 6  controversial calendar, Number 1109, by 

 7  Senator Flanagan.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  Secretary will read.

10               THE SECRETARY:   Calendar Number 

11  1109, by Senator Flanagan, Senate Print 7288, an 

12  act to amend the Navigation Law.

13               SENATOR BRESLIN:   Explanation.

14               ACTING PRESIDENT GRIFFO:   An 

15  explanation has been requested by Senator 

16  Breslin, Senator Flanagan.

17               SENATOR FLANAGAN:   Thank you, 

18  Mr. President.

19               Senator Breslin, this is a change 

20  in the law that basically, under present law, in 

21  you are under the age of 12 you have to wear a 

22  personal flotation device year-round.  If you are 

23  over the age of 12, you have to wear a personal 

24  flotation device from November 1st through 

25  May 1st.  The change in this law brings that 

                                                               5071

 1  November 1st to May 1st to year-round.  

 2               Right now as well, under present 

 3  law if you are in a rowboat, a canoe or a kayak, 

 4  you are required to have a personal flotation 

 5  device on board for each person that is in that 

 6  vessel.

 7               ACTING PRESIDENT GRIFFO:   Seeing 

 8  and hearing no other Senator wishing to be heard, 

 9  the debate is closed.  

10               The Secretary will ring the bell.  

11               Read the last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect on the 30th day.

14               ACTING PRESIDENT GRIFFO:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               ACTING PRESIDENT GRIFFO:   Senator 

18  Martins to explain his vote.

19               SENATOR MARTINS:   Mr. President, I 

20  rise to support this bill.  

21               This bill stems directly from a 

22  tragedy that happened on Long Island, off of Long 

23  Island, where a New York City police officer, off 

24  duty, was out on a kayak, the kayak capsized.  He 

25  wasn't wearing his vest, his child was.  The 

                                                               5072

 1  child survived, the father did not.  It's a 

 2  tragedy.  

 3               And when we talk about wearing a 

 4  flotation device under these circumstances, we 

 5  all immediately envision some bulky piece of 

 6  equipment.  And the reality is today they have 

 7  all kinds of flotation devices that are less 

 8  intrusive.  

 9               But the fact remains, if we can 

10  require them to wear them under these 

11  circumstances, we can save a life.  Very simply.  

12  Unobtrusive, not these enormous flotation 

13  devices, but specifically those that are now 

14  developed and will allow for people under 

15  difficult circumstances to simply be able to 

16  survive.  

17               The child did survive.  

18  Unfortunately, the father did not.  And now we 

19  have a family, an extended family and a community 

20  that has to deal with that.  

21               This is a small, small measure to 

22  protect life.  So I'll be voting aye, 

23  Mr. President.

24               ACTING PRESIDENT GRIFFO:   Senator 

25  Martins to be recorded in the affirmative.

                                                               5073

 1               Announce the results.

 2               THE SECRETARY:   In relation to 

 3  Calendar Number 1109, those recorded in the 

 4  negative are Senators Ball, Dilan, Farley, 

 5  Gallivan, Griffo, Little, O'Mara, Robach and 

 6  Zeldin.  

 7               Ayes, 51.  Nays, 9.

 8               ACTING PRESIDENT GRIFFO:   The bill 

 9  is passed.

10               Senator Libous, that completes the 

11  controversial reading of the former active list.

12               SENATOR LIBOUS:   Thank you, 

13  Mr. President.  

14               Just so everybody can follow what 

15  we are doing, in front of you you have a 

16  Supplemental Active List 1 and a Supplemental 

17  Active List 2.  We will now attack Supplemental 

18  Active List 1, noncontroversial.

19               ACTING PRESIDENT GRIFFO:   The 

20  Secretary will read Supplemental Active List 1.

21               THE SECRETARY:   On page 8, Senator 

22  DeFrancisco moves to discharge, from the 

23  Committee on Rules, Assembly Bill Number 7822A 

24  and substitute it for the identical Senate Bill 

25  Number 2899A, Third Reading Calendar 332.

                                                               5074

 1               ACTING PRESIDENT GRIFFO:   The 

 2  substitution is so ordered.

 3               The Secretary will read.

 4               THE SECRETARY:   Calendar Number 

 5  332, by Member of the Assembly Magnarelli, 

 6  Assembly Print Number 7822A, an act to amend the 

 7  New York State Printing and Public Documents Law.

 8               ACTING PRESIDENT GRIFFO:   Read the 

 9  last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect on the 90th day.

12               ACTING PRESIDENT GRIFFO:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 60.

16               ACTING PRESIDENT GRIFFO:   The bill 

17  is passed.

18               THE SECRETARY:   On page 9, Senator 

19  Saland moves to discharge, from the Committee on 

20  Rules, Assembly Bill Number 10664 and substitute 

21  it for the identical Senate Bill Number 6548A, 

22  Third Reading Calendar 343.

23               ACTING PRESIDENT GRIFFO:   The 

24  substitution is so ordered.

25               The Secretary will read.

                                                               5075

 1               THE SECRETARY:   Calendar Number 

 2  343, by the Assembly Committee on Rules, Assembly 

 3  Print 10664, an act to amend the Criminal 

 4  Procedure Law.

 5               ACTING PRESIDENT GRIFFO:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT GRIFFO:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 60.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is passed.

15               THE SECRETARY:   On page 9, Senator 

16  Zeldin moves to discharge, from the Committee on 

17  Rules, Assembly Bill Number 9539D and substitute 

18  it for the identical Senate Bill Number 5634F, 

19  Third Reading Calendar 358.

20               ACTING PRESIDENT GRIFFO:   The 

21  substitution is so ordered.  

22               There is a home-rule message at the 

23  desk.

24               The Secretary will read.

25               THE SECRETARY:   Calendar Number 

                                                               5076

 1  358, by Member of the Assembly Ramos, Assembly 

 2  Print 9539D, an act to amend the General 

 3  Municipal Law.  

 4               ACTING PRESIDENT GRIFFO:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 13.  This 

 7  act shall take effect April 1, 2013.

 8               ACTING PRESIDENT GRIFFO:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               ACTING PRESIDENT GRIFFO:   Senator 

12  Zeldin to explain his vote.

13               SENATOR ZELDIN:   I rise in support 

14  of this legislation.  

15               This particular bill was a top 

16  legislative priority of the new county executive 

17  in Suffolk County, Steve Bellone.  

18               We're joined in the chamber by Jon 

19  Schneider and Luis Montes from County Executive 

20  Bellone's office, as well as many members of the 

21  law enforcement community in the gallery.  This 

22  piece of legislation shows a commitment on the 

23  part of the delegation representing Suffolk, all 

24  the Senators here, my fellow colleagues, and 

25  Senate Majority Leader Dean Skelos.  

                                                               5077

 1               This is a good piece of legislation 

 2  that helps Suffolk County, just as we need to 

 3  support all of our counties and local governments 

 4  all throughout the state.  

 5               I thank the Senate Majority Leader 

 6  for his support.  We wish the new county 

 7  executive very well in his efforts to improve 

 8  Suffolk County.  

 9               I vote aye.

10               ACTING PRESIDENT GRIFFO:   Senator 

11  Zeldin to be recorded in the affirmative.

12               Announce the results.

13               THE SECRETARY:   Ayes, 59.  Nays, 

14  1.  Senator Ball recorded in the negative.

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  448, by Senator Stewart-Cousins, Senate Print 

19  6405A, an act to repeal Title 12 of Article 15-B 

20  of the General Municipal Law.

21               ACTING PRESIDENT GRIFFO:   There is 

22  a home-rule message at the desk.

23               The Secretary will read.

24               THE SECRETARY:   Section 3.  This 

25  act shall take effect immediately.

                                                               5078

 1               ACTING PRESIDENT GRIFFO:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 60.

 5               ACTING PRESIDENT GRIFFO:   The bill 

 6  is passed.

 7               THE SECRETARY:   On page 19, 

 8  Senator Ranzenhofer moves to discharge, from the 

 9  Committee on Corporations, Authorities and 

10  Commissions, Assembly Bill Number 10002 and 

11  substitute it for the identical Senate Bill 

12  Number 6980, Third Reading Calendar 741.

13               ACTING PRESIDENT GRIFFO:   The 

14  substitution is so ordered.

15               The Secretary will read.

16               THE SECRETARY:   Calendar Number 

17  741, by Member of the Assembly Brennan, Assembly 

18  Print Number 10002, an act to amend the 

19  Not-For-Profit Corporation Law.

20               ACTING PRESIDENT GRIFFO:   Read the 

21  last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT GRIFFO:   Call the 

25  roll.

                                                               5079

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 60.

 3               ACTING PRESIDENT GRIFFO:   The bill 

 4  is passed.

 5               THE SECRETARY:   On page 19, 

 6  Senator LaValle moves to discharge, from the 

 7  Committee on Civil Service and Pensions, Assembly 

 8  Bill Number 9182 and substitute it for the 

 9  identical Senate Bill Number 6382, Third Reading 

10  Calendar 747.

11               ACTING PRESIDENT GRIFFO:   The 

12  substitution is so ordered.

13               There is a home-rule message at the 

14  desk.

15               The Secretary will read.

16               THE SECRETARY:   Calendar Number 

17  747, by Member of the Assembly Thiele, Assembly 

18  Print 9182, an act to amend Chapter 365 of the 

19  Laws of 2011.

20               ACTING PRESIDENT GRIFFO:   Read the 

21  last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT GRIFFO:   Call the 

25  roll.

                                                               5080

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 60.

 3               ACTING PRESIDENT GRIFFO:   The bill 

 4  is passed.

 5               THE SECRETARY:   Calendar Number 

 6  765, by Senator Sampson, Senate Print 1659, an 

 7  act to amend the Penal Law.

 8               ACTING PRESIDENT GRIFFO:   Read the 

 9  last section.

10               THE SECRETARY:   Section 5.  This 

11  act shall take effect immediately.

12               ACTING PRESIDENT GRIFFO:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 60.

16               ACTING PRESIDENT GRIFFO:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  848, by Senator Valesky, Senate Print 6866B, an 

20  act to amend the General Business Law.

21               ACTING PRESIDENT GRIFFO:   Read the 

22  last section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect on the 120th day.

25               ACTING PRESIDENT GRIFFO:   Call the 

                                                               5081

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 59.  Nays, 

 4  1.  Senator Perkins recorded in the negative.

 5               ACTING PRESIDENT GRIFFO:   The bill 

 6  is passed.

 7               THE SECRETARY:   On page 27, 

 8  Senator Seward moves to discharge, from the 

 9  Committee on Rules, Assembly Bill Number 9845B, 

10  and substitute it for the identical Senate Bill 

11  Number 6943A, Third Reading Calendar 997.

12               ACTING PRESIDENT GRIFFO:   The 

13  substitution is so ordered.

14               The Secretary will read.

15               THE SECRETARY:   Calendar Number 

16  997, by Member of the Assembly Morelle, 

17  Assembly Print Number 9845B, an act to amend the 

18  Insurance Law.

19               ACTING PRESIDENT GRIFFO:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect on the 180th day.

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               5082

 1               THE SECRETARY:   Ayes, 60.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   On page 27, 

 5  Senator McDonald moves to discharge, from the 

 6  Committee on Rules, Assembly Bill Number 8291A 

 7  and substitute it for the identical Senate Bill 

 8  Number 5771A, Third Reading Calendar 1004.

 9               ACTING PRESIDENT GRIFFO:   The 

10  substitution is so ordered.

11               The Secretary will read.

12               THE SECRETARY:   Calendar Number 

13  1004, by Member of the Assembly Abbate, Assembly 

14  Print Number 8291A, an act to amend the Civil 

15  Service Law.

16               ACTING PRESIDENT GRIFFO:   Read the 

17  last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 60.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               5083

 1               THE SECRETARY:   On page 32, 

 2  Senator DeFrancisco moves to discharge, from the 

 3  Committee on Rules, Assembly Bill Number 8389 and 

 4  substitute it for the identical Senate Bill 

 5  Number 5014A, Third Reading Calendar 1081.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  substitution is so ordered.

 8               The Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  1081, by Member of the Assembly Lavine, Assembly 

11  Print Number 8389, an act to amend the Public 

12  Health Law.

13               ACTING PRESIDENT GRIFFO:   Read the 

14  last section.

15               THE SECRETARY:   Section 3.  This 

16  act shall take effect on the 120th day.

17               ACTING PRESIDENT GRIFFO:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 60.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               THE SECRETARY:   On page 33, 

24  Senator Alesi moves to discharge, from the 

25  Committee on Rules, Assembly Bill Number 9666A 

                                                               5084

 1  and substitute it for the identical Senate Bill 

 2  Number 6249B, Third Reading Calendar 1090.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  substitution is so ordered.

 5               The Secretary will read.

 6               THE SECRETARY:   Calendar Number 

 7  1090, by Member of the Assembly Bronson, Assembly 

 8  Print Number 9666A, an act to amend the Criminal 

 9  Procedure Law.

10               ACTING PRESIDENT GRIFFO:   Read the 

11  last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect immediately.

14               ACTING PRESIDENT GRIFFO:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   In relation to 

18  Calendar Number 1090, those recorded in the 

19  negative are Senators Ball, Dilan, Duane, 

20  Montgomery and Perkins.  

21               Ayes, 55.  Nays, 5.

22               ACTING PRESIDENT GRIFFO:   The bill 

23  is passed.

24               THE SECRETARY:   Calendar Number 

25  1126, by Senator Marcellino, Senate Print 7033C, 

                                                               5085

 1  an act to amend the General Municipal Law.

 2               ACTING PRESIDENT GRIFFO:   There is 

 3  a home-rule message at the desk.

 4               The Secretary will read the last 

 5  section.

 6               THE SECRETARY:   Section 3.  This 

 7  act shall take effect immediately.

 8               ACTING PRESIDENT GRIFFO:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 59.  Nays, 

12  1.  Senator Ball recorded in the negative.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is passed.

15               THE SECRETARY:   On page 35, 

16  Senator Martins moves to discharge, from the 

17  Committee on Rules, Assembly Bill Number 7144B 

18  and substitute it for the identical Senate Bill 

19  Number 5235A, Third Reading Calendar 1193.

20               ACTING PRESIDENT GRIFFO:   The 

21  substitution is so ordered.

22               The Secretary will read.

23               THE SECRETARY:   Calendar Number 

24  1193, by Member of the Assembly Morelle, Assembly 

25  Print Number 7144B, an act relating to the sales 

                                                               5086

 1  and compensating use tax.

 2               ACTING PRESIDENT GRIFFO:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT GRIFFO:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 60.

10               ACTING PRESIDENT GRIFFO:  The bill 

11  is passed.

12               THE SECRETARY:   Calendar Number 

13  1408, by Senator Ranzenhofer, Senate Print 5224B, 

14  an act to amend the Public Health Law.

15               ACTING PRESIDENT GRIFFO:   Read the 

16  last section.

17               THE SECRETARY:   Section 15.  This 

18  act shall take effect on the 180th day.

19               ACTING PRESIDENT GRIFFO:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 60.

23               ACTING PRESIDENT GRIFFO:   The bill 

24  is passed.

25               THE SECRETARY:   On page 38, 

                                                               5087

 1  Senator Seward moves to discharge, from the 

 2  Committee on Rules, Assembly Bill Number 10090B 

 3  and substitute it for the identical Senate Bill 

 4  Number 7312B, Third Reading Calendar 1439.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  substitution is so ordered.

 7               The Secretary will read.

 8               THE SECRETARY:   Calendar Number 

 9  1439, by Member of the Assembly Morelle, Assembly 

10  Print Number 10090B, an act to amend the 

11  Insurance Law.

12               ACTING PRESIDENT GRIFFO:   Read the 

13  last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect on the 120th day.

16               ACTING PRESIDENT GRIFFO:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 60.

20               ACTING PRESIDENT GRIFFO:   The bill 

21  is passed.

22               Senator Libous, that completes the 

23  Supplemental Active List Number 1 reading.

24               SENATOR LIBOUS:   Thank you, 

25  Mr. President.  We will now go to the 

                                                               5088

 1  noncontroversial reading of Supplemental Active 

 2  List Number 2.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  Secretary will read.

 5               THE SECRETARY:   On page 18, 

 6  Senator Golden moves to discharge, from the 

 7  Committee on Rules, Assembly Bill Number 9367A 

 8  and substitute it for the identical Senate Bill 

 9  Number 6436, Third Reading Calendar 689.

10               ACTING PRESIDENT GRIFFO:   The 

11  substitution is so ordered.

12               There is a home-rule message at the 

13  desk.

14               The Secretary will read.

15               THE SECRETARY:   Calendar Number 

16  689, by Member of the Assembly Abbate, Assembly 

17  Print 9367A, an act to amend the General 

18  Municipal Law.

19               ACTING PRESIDENT GRIFFO:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               5089

 1               THE SECRETARY:   Ayes, 60.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   On page 28, 

 5  Senator Libous moves to discharge, from the 

 6  Committee on Rules, Assembly Bill Number 5739A 

 7  and substitute it for the identical Senate Bill 

 8  Number 7209, Third Reading Calendar 1012.

 9               ACTING PRESIDENT GRIFFO:   The 

10  substitution is so ordered.

11               The Secretary will read.

12               THE SECRETARY:   Calendar Number 

13  1012, by Member of the Assembly Abbate, Assembly 

14  Print 5739A, an act to amend the Retirement and 

15  Social Security Law.

16               ACTING PRESIDENT GRIFFO:   Read the 

17  last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 60.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               5090

 1               THE SECRETARY:   Calendar Number 

 2  1089, by Senator LaValle, Senate Print 3442, an 

 3  act to amend the Education Law.

 4               ACTING PRESIDENT GRIFFO:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 4.  This 

 7  act shall take effect on the 180th day.

 8               ACTING PRESIDENT GRIFFO:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 60.

12               ACTING PRESIDENT GRIFFO:   The bill 

13  is passed.  

14               Senator Libous, that completes the 

15  Supplemental Active List Number 2 reading.

16               SENATOR LIBOUS:   Mr. President, 

17  we're just going to pause -- we're not going to 

18  be at ease -- because very soon we're going to go 

19  into the Supplemental Calendar Number 61A, but 

20  we're waiting for some paperwork.  So if we could 

21  just pause.  Everybody could use a pause that 

22  refreshes.  But don't leave the chamber.

23               ACTING PRESIDENT GRIFFO:   We are 

24  paused momentarily.  

25               SENATOR LIBOUS:   Mr. President.

                                                               5091

 1               ACTING PRESIDENT GRIFFO:   Senator 

 2  Libous.

 3               SENATOR LIBOUS:   I believe we have 

 4  everything in order at the desk?

 5               ACTING PRESIDENT GRIFFO:   We do.

 6               SENATOR LIBOUS:   Thank you.  At 

 7  this time if we could read the noncontroversial 

 8  reading of Supplemental Calendar Number 61A, 

 9  please.

10               ACTING PRESIDENT GRIFFO:   The 

11  Secretary will read Supplemental Senate Calendar 

12  61A.

13               THE SECRETARY:   Calendar Number 

14  1436, by Senator McDonald, Senate Print 2160B, an 

15  act to amend the Highway Law.

16               SENATOR LIBOUS:   Is there a 

17  substitution for this bill?

18               ACTING PRESIDENT GRIFFO:   Not 

19  currently, Senator Libous.  

20               SENATOR LIBOUS:   Then it's high.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is high and will be laid aside.

23               THE SECRETARY:   Calendar Number 

24  1437, by Senator LaValle, Senate Print 2640A, an 

25  act in relation to authorizing.

                                                               5092

 1               ACTING PRESIDENT GRIFFO:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect on the 30th day.

 5               ACTING PRESIDENT GRIFFO:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 60.

 9               ACTING PRESIDENT GRIFFO:   The bill 

10  is passed.

11               THE SECRETARY:   In relation to 

12  Calendar Number 1454, Senator Johnson moves to 

13  discharge, from the Committee on Health, Assembly 

14  Print Number 9044B and substitute it for the 

15  identical Senate Bill Number 2926B, Third Reading 

16  Calendar 1454.

17               ACTING PRESIDENT GRIFFO:   The 

18  substitution is so ordered.

19               The Secretary will read.

20               THE SECRETARY:   Calendar Number 

21  1454, by Member of the Assembly Rosenthal, 

22  Assembly Print Number 9044B, an act to amend the 

23  Public Health Law.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               5093

 1               THE SECRETARY:   Section 6.  This 

 2  act shall take effect on the first of January.

 3               ACTING PRESIDENT GRIFFO:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 60.

 7               ACTING PRESIDENT GRIFFO:   The bill 

 8  is passed.

 9               THE SECRETARY:   In relation to 

10  Calendar Number 1455, Senator Golden moves to 

11  discharge, from the Committee on Rules, Assembly 

12  Bill Number 6062A and substitute it for the 

13  identical Senate Bill Number 3809A, Third Reading 

14  Calendar 1455.

15               ACTING PRESIDENT GRIFFO:   The 

16  substitution is so ordered.

17               The Secretary will read.

18               THE SECRETARY:   Calendar Number 

19  1455, by Member of the Assembly Lentol, Assembly 

20  Print Number 6062A, an act to amend the Penal 

21  Law.

22               ACTING PRESIDENT GRIFFO:   Read the 

23  last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect on the 30th day.

                                                               5094

 1               ACTING PRESIDENT GRIFFO:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  DeFrancisco to explain his vote.

 6               SENATOR DeFRANCISCO:   Yes, I think 

 7  I've -- there's an assault third degree for minor 

 8  assaults.  Assault second degree, it's either a 

 9  serious physical injury or you're one of the 

10  protected class.  

11               I've said this for every one of 

12  these bills that come up, I can't understand why 

13  a sanitation worker in this case is any different 

14  than someone who may be a passenger on a subway 

15  or whether it's some other human being.  If you 

16  look at the list in the bill, it's gotten to the 

17  point of absurdity where we've almost got every 

18  class except two or three that are now part of 

19  this bill.  

20               And I would hope that someday we'd 

21  just make assault second degree for everybody, 

22  and that's why I vote no on these consistently.  

23  And I vote no.

24               ACTING PRESIDENT GRIFFO:   Senator 

25  DeFrancisco to be recorded in the negative.

                                                               5095

 1               Announce the results.

 2               THE SECRETARY:   Ayes, 59.  Nays, 

 3  1.  Senator DeFrancisco recorded in the negative.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  is passed.

 6               The Secretary will continue.

 7               THE SECRETARY:   Calendar Number 

 8  1456, by Senator Ranzenhofer --

 9               SENATOR LIBOUS:   Lay the bill 

10  aside for the day.

11               ACTING PRESIDENT GRIFFO:   Lay it 

12  aside for the day.

13               THE SECRETARY:   In relation to 

14  Calendar Number 1457, Senator LaValle moves to 

15  discharge, from the Committee on Local 

16  Government, Assembly Bill Number 7119A and 

17  substitute it for the identical Senate Bill 

18  Number 4605A, Third Reading Calendar 1457.

19               ACTING PRESIDENT GRIFFO:   The 

20  substitution is so ordered.

21               The Secretary will read.

22               THE SECRETARY:   Calendar Number 

23  1457, by Member of the Assembly Thiele, Assembly 

24  Print Number 7119A, an act to amend the Town Law.

25               ACTING PRESIDENT GRIFFO:   Read the 

                                                               5096

 1  last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call the 

 5  roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 60.

 8               ACTING PRESIDENT GRIFFO:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  1458, by Senator Klein, Senate Print 4847B --

12               SENATOR LIBOUS:   Mr. President, is 

13  there a substitution for this bill?  

14               ACTING PRESIDENT GRIFFO:   There is 

15  no substitution.

16               SENATOR LIBOUS:   Then it is high 

17  at the present time.

18               ACTING PRESIDENT GRIFFO:   The bill 

19  is high and will be laid aside.

20               THE SECRETARY:   Calendar Number 

21  1459, by Senator Bonacic, Senate Print 4934, an 

22  act to amend the State Finance Law.

23               ACTING PRESIDENT GRIFFO:   Read the 

24  last section.

25               THE SECRETARY:   Section 2.  This 

                                                               5097

 1  act shall take effect immediately.

 2               SENATOR LIBOUS:   Lay it aside for 

 3  the day.

 4               ACTING PRESIDENT GRIFFO:   Lay the 

 5  bill aside for the day.

 6               THE SECRETARY:   Calendar Number 

 7  1460, by Senator Addabbo --

 8               SENATOR BRESLIN:   Lay it aside for 

 9  the day.

10               ACTING PRESIDENT GRIFFO:   Lay it 

11  aside for the day.

12               THE SECRETARY:   In relation to 

13  Calendar Number 1461, Senator Savino moves to 

14  discharge, from the Committee on Rules, Assembly 

15  Bill Number 7761A and substitute it for the 

16  identical Senate Bill Number 5336A, Third Reading 

17  Calendar 1461.

18               ACTING PRESIDENT GRIFFO:   The 

19  substitution is so ordered.

20               The Secretary will read.

21               THE SECRETARY:   Calendar Number 

22  1461, by Member of the Assembly Abbate, Assembly 

23  Print Number 7761A, an act to amend the Town Law.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               5098

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT GRIFFO:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 60.

 7               ACTING PRESIDENT GRIFFO:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  1462, by Senator Ranzenhofer, Senate Print 5500A, 

11  an act to amend the Education Law.

12               ACTING PRESIDENT GRIFFO:   Read the 

13  last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect on the 120th day.

16               ACTING PRESIDENT GRIFFO:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 60.

20               ACTING PRESIDENT GRIFFO:   The bill 

21  is passed.

22               THE SECRETARY:   In relation to 

23  Calendar Number 1463, Senator Skelos moves to 

24  discharge, from the Committee on Civil Service 

25  and Pensions, Assembly Bill Number 8110 and 

                                                               5099

 1  substitute it for the identical --

 2               SENATOR LIBOUS:   Mr. President, 

 3  lay it aside temporarily.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  will be laid aside temporarily, but we're going 

 6  to do the substitution.

 7               Go ahead, Secretary.

 8               THE SECRETARY:   In relation to 

 9  Calendar Number 1463, Senator Skelos moves to 

10  discharge, from the Committee on Civil Service 

11  and Pensions, Assembly Bill Number 8110 and 

12  substitute it for the identical Senate Bill 

13  Number 5707, Third Reading Calendar 1463.

14               ACTING PRESIDENT GRIFFO:   The 

15  substitution is so ordered.

16               The bill is laid aside temporarily.

17               THE SECRETARY:   In relation to 

18  Calendar Number 1464, Senator Golden moves to 

19  discharge, from the Committee on Rules, Assembly 

20  Bill Number 9157A and substitute it for the 

21  identical Senate Bill Number 6224A, Third Reading 

22  Calendar 1464.

23               ACTING PRESIDENT GRIFFO:   The 

24  substitution is so ordered.

25               The Secretary will read.

                                                               5100

 1               THE SECRETARY:   Calendar Number 

 2  1464, by Member of the Assembly Abbate, Assembly 

 3  Print Number 9157A, an act to amend the 

 4  Administrative Code of the City of New York.

 5               ACTING PRESIDENT GRIFFO:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT GRIFFO:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 60.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is passed.

15               THE SECRETARY:   In relation to 

16  Calendar Number 1465, Senator Hannon moves to 

17  discharge from the Committee on Rules, Assembly 

18  Bill Number 8869B and substitute it for the 

19  identical Senate Bill Number 6228B, Third Reading 

20  Calendar 1465.

21               ACTING PRESIDENT GRIFFO:   The 

22  substitution is so ordered.

23               The Secretary will read.

24               THE SECRETARY:   Calendar Number 

25  1465, by Member of the Assembly Gottfried, 

                                                               5101

 1  Assembly Print Number 8869B, an act to amend the 

 2  Public Health Law.

 3               ACTING PRESIDENT GRIFFO:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 2.  This 

 6  act shall take effect immediately.

 7               ACTING PRESIDENT GRIFFO:   Call the 

 8  roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 60.

11               ACTING PRESIDENT GRIFFO:   The bill 

12  is passed.

13               THE SECRETARY:   Calendar Number 

14  1466, by Senator Lanza, Senate Print 6487, an act 

15  to amend the Tax Law.

16               ACTING PRESIDENT GRIFFO:   Read the 

17  last section.

18               THE SECRETARY:   Section 2.  This 

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

20  same manner as Section 1 of Part B of Chapter 56 

21  of the Laws of 2011.

22               ACTING PRESIDENT GRIFFO:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 59.  Nays, 

                                                               5102

 1  1.  Senator Dilan recorded in the negative.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  1467, by Senator Grisanti, Senate Print 6581, an 

 6  act to authorize.

 7               ACTING PRESIDENT GRIFFO:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 3.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT GRIFFO:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 60.

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  1468, by Senator Ball, Senate Print 6833, an act 

19  to amend the Vehicle and Traffic Law.

20               SENATOR LIBOUS:   Is there a 

21  home-rule message at the desk?

22               ACTING PRESIDENT GRIFFO:   There is 

23  no home-rule message before the house.

24               SENATOR LIBOUS:   Then lay it aside 

25  for the day.

                                                               5103

 1               ACTING PRESIDENT GRIFFO:   Lay the 

 2  bill aside for the day.

 3               THE SECRETARY:   In relation to 

 4  Calendar Number 1469, Senator Young moves to 

 5  discharge, from the Committee on Corporations, 

 6  Authorities and Commissions, Assembly Bill Number 

 7  10049 and substitute it for the identical Senate 

 8  Bill Number 6900, Third Reading Calendar 1469.

 9               ACTING PRESIDENT GRIFFO:   The 

10  substitution is so ordered.

11               The Secretary will read.

12               SENATOR LIBOUS:   Mr. President, 

13  will you lay this bill by Senator Young aside 

14  temporarily.

15               ACTING PRESIDENT GRIFFO:   Calendar 

16  Number 1469 is laid aside temporarily.

17               The Secretary will continue to 

18  read.

19               THE SECRETARY:   In relation to 

20  Calendar Number 1470, Senator McDonald moves to 

21  discharge, from the Committee on Local 

22  Government, Assembly Bill Number 9800 and 

23  substitute it for the identical Senate Bill 

24  Number 6905, Third Reading Calendar 1470.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               5104

 1  substitution is so ordered.  

 2               There is a home-rule message at the 

 3  desk.

 4               The Secretary will read.

 5               THE SECRETARY:   Calendar Number 

 6  1470, by Member of the Assembly Sayward, Assembly 

 7  Print Number 9800, an act authorizing the County 

 8  of Saratoga.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 2.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 60.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is passed.

19               THE SECRETARY:   In relation to 

20  Calendar Number 1471, Senator Ball moves to 

21  discharge, from the Committee on Rules, Assembly 

22  Bill Number 8880 and substitute it for the 

23  identical Senate Bill Number 6983, Third Reading 

24  Calendar 1471.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               5105

 1  substitution is so ordered.  

 2               There is a home-rule message at the 

 3  desk.

 4               The Secretary will read.

 5               THE SECRETARY:   Calendar Number 

 6  1471, by Member of the Assembly Castelli, 

 7  Assembly Print Number 8880, an act to repeal 

 8  Title 8 of Article 15-B of the General Municipal 

 9  Law.

10               ACTING PRESIDENT GRIFFO:   Read the 

11  last section.

12               THE SECRETARY:   Section 3.  This 

13  act shall take effect on the 60th day.

14               ACTING PRESIDENT GRIFFO:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 60.

18               ACTING PRESIDENT GRIFFO:   The bill 

19  is passed.

20               THE SECRETARY:   In relation to 

21  Calendar Number 1472, Senator Lanza moves to 

22  discharge, from the Committee on Rules, Assembly 

23  Bill Number 9963A and substitute it for the 

24  identical Senate Bill Number 7001A, Third Reading 

25  Calendar 1472.

                                                               5106

 1               ACTING PRESIDENT GRIFFO:   The 

 2  substitution is so ordered.

 3               The Secretary will read.

 4               THE SECRETARY:   Calendar Number 

 5  1472, by Member of the Assembly Abbate, Assembly 

 6  Print Number 9963A, an act to amend the Labor 

 7  Law.

 8               ACTING PRESIDENT GRIFFO:   Read the 

 9  last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect upon the enactment into law 

12  by the State of New Jersey.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 60.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is passed.

19               Senator Libous.

20               SENATOR LIBOUS:   Mr. President, in 

21  the effort of moving forward here, there will be 

22  an immediate meeting of the Energy Committee in 

23  Room 332, an immediate meeting of the Energy 

24  Committee in Room 332.  

25               And as we have done continually, we 

                                                               5107

 1  will invoke Rule 9 for those members.  

 2               The Secretary can continue to read.

 3               ACTING PRESIDENT GRIFFO:   There is 

 4  an immediate meeting of the Energy Committee in 

 5  Room 332.  

 6               We will invoke Rule 9 for the 

 7  members attending the committee meeting.  

 8               The Secretary will read Calendar 

 9  Number 1474.

10               THE SECRETARY:   In relation to 

11  Calendar Number 1474, Senator Hannon moves to 

12  discharge, from the Committee on Rules, Assembly 

13  Bill Number 9946B and substitute it for the 

14  identical Senate Bill Number 7071B, Third Reading 

15  Calendar 1474.

16               ACTING PRESIDENT GRIFFO:   The 

17  substitution is so ordered.

18               The Secretary will read.

19               THE SECRETARY:   Calendar Number 

20  1474, by Member of the Assembly Morelle, Assembly 

21  Print 9946B, an act to amend the Insurance Law.

22               ACTING PRESIDENT GRIFFO:   Read the 

23  last section.

24               THE SECRETARY:   Section 5.  This 

25  act shall take effect July 1, 2013.

                                                               5108

 1               ACTING PRESIDENT GRIFFO:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 60.

 5               ACTING PRESIDENT GRIFFO:   The bill 

 6  is passed.

 7               THE SECRETARY:   In relation to 

 8  Calendar Number 1475, Senator Golden moves to 

 9  discharge, from the Committee on Rules, Assembly 

10  Bill Number 9889A and substitute it for the 

11  identical Senate Bill Number 7074A, Third Reading 

12  Calendar 1475.

13               ACTING PRESIDENT GRIFFO:   The 

14  substitution is so ordered.

15               The Secretary will read.

16               THE SECRETARY:   Calendar Number 

17  1475, by Member of the Assembly Abbate, Assembly 

18  Print Number 9889A, an act to amend Chapter 735 

19  of the Laws of 2006.

20               ACTING PRESIDENT GRIFFO:   Read the 

21  last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT GRIFFO:   Call the 

25  roll.

                                                               5109

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 60.

 3               ACTING PRESIDENT GRIFFO:   The bill 

 4  is passed.

 5               THE SECRETARY:   In relation to 

 6  Calendar Number 1476, Senator Flanagan moves to 

 7  discharge, from the Committee on Rules, Assembly 

 8  Bill Number 10205A and substitute it for the 

 9  identical Senate Bill Number 7120A, Third Reading 

10  Calendar 1476.

11               ACTING PRESIDENT GRIFFO:   The 

12  substitution is so ordered.

13               The Secretary will read.

14               THE SECRETARY:   Calendar Number 

15  1476, by Member of the Assembly Nolan, Assembly 

16  Print Number 10205A, an act to amend the 

17  Education Law.

18               ACTING PRESIDENT GRIFFO:   Read the 

19  last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT GRIFFO:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 60.

                                                               5110

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  1477, by Senator Carlucci, Senate Print 7170B, an 

 5  act authorizing.

 6               ACTING PRESIDENT GRIFFO:   There is 

 7  a home-rule message at the desk.

 8               Read the last section.

 9               THE SECRETARY:   Section 5.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT GRIFFO:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 60.

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  1478, by Senator Saland, Senate Print 7212A, an 

19  act to amend the Penal Law.

20               ACTING PRESIDENT GRIFFO:   Read the 

21  last section.

22               THE SECRETARY:   Section 35.  This 

23  act shall take effect on the 90th day.

24               ACTING PRESIDENT GRIFFO:   Call the 

25  roll.

                                                               5111

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 60.

 3               ACTING PRESIDENT GRIFFO:   The bill 

 4  is passed.

 5               THE SECRETARY:   In relation to 

 6  Calendar Number 1479, Senator Saland moves to 

 7  discharge, from the Committee on Rules, Assembly 

 8  Bill Number 10336B and substitute it for the 

 9  identical Senate Bill Number 7456B, Third Reading 

10  Calendar 1479.

11               ACTING PRESIDENT GRIFFO:   The 

12  substitution is so ordered.

13               The Secretary will read.

14               THE SECRETARY:   Calendar Number 

15  1479, by Member of the Assembly Paulin, Assembly 

16  Print 10336B, an act to amend the Education Law.

17               ACTING PRESIDENT GRIFFO:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect immediately.

21               ACTING PRESIDENT GRIFFO:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 60.

25               ACTING PRESIDENT GRIFFO:   The bill 

                                                               5112

 1  is passed.

 2               THE SECRETARY:   Calendar Number 

 3  1480, by Senator Saland, Senate Print 7484A, an 

 4  act in relation.

 5               ACTING PRESIDENT GRIFFO:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT GRIFFO:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               ACTING PRESIDENT GRIFFO:   Announce 

13  the results.

14               THE SECRETARY:   Ayes, 59.  Nays, 

15  1.  Senator Krueger recorded in the negative.

16               ACTING PRESIDENT GRIFFO:   The bill 

17  is passed.

18               THE SECRETARY:   In relation to 

19  Calendar Number 1481, Senator Nozzolio moves to 

20  discharge, from the Committee on Civil Service 

21  and Pensions, Assembly Bill Number 8672A and 

22  substitute it for the identical Senate Bill 

23  Number 7502, Third Reading Calendar 1481.

24               ACTING PRESIDENT GRIFFO:   The 

25  substitution is so ordered.

                                                               5113

 1               The Secretary will read.

 2               THE SECRETARY:   Calendar Number 

 3  1481, by Member of the Assembly Kolb, Assembly 

 4  Print Number 8672A, an act granting retroactive 

 5  Tier IV membership.

 6               ACTING PRESIDENT GRIFFO:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect immediately.  

10               ACTING PRESIDENT GRIFFO:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 60.

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is passed.  

16               THE SECRETARY:   Calendar Number 

17  1482, by Senator Golden, Senate Print 7523A, an 

18  act to amend the Public Authorities Law.

19               ACTING PRESIDENT GRIFFO:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               5114

 1               THE SECRETARY:   Ayes, 60.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   In relation to 

 5  Calendar Number 1483, Senator Grisanti moves to 

 6  discharge, from the Committee on Rules, Assembly 

 7  Bill Number 10227A and substitute it for the 

 8  identical Senate Bill Number 7526, Third Reading 

 9  Calendar 1483.

10               ACTING PRESIDENT GRIFFO:   The 

11  substitution is so ordered.

12               There is a home-rule message at the 

13  desk.  

14               The Secretary will read.

15               THE SECRETARY:   Calendar Number 

16  1483, by Member of the Assembly Ceretto, Assembly 

17  Print 10227A, an act to authorize the City of 

18  Niagara Falls.

19               ACTING PRESIDENT GRIFFO:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.  

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               5115

 1               THE SECRETARY:   Ayes, 60.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   In relation to 

 5  Calendar Number 1484, Senator Ranzenhofer moves 

 6  to discharge, from the Committee on Rules, 

 7  Assembly Bill Number 10575 and substitute it for 

 8  the identical Senate Bill Number 7553, Third 

 9  Reading Calendar 1484.

10               ACTING PRESIDENT GRIFFO:   The 

11  substitution is so ordered.  

12               There is a home-rule message at the 

13  desk.

14               The Secretary will read.

15               THE SECRETARY:   Calendar Number 

16  1484, by the Assembly Committee on Rules, 

17  Assembly Print Number 10575, an act relating to 

18  part-time police officer positions.

19               ACTING PRESIDENT GRIFFO:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               5116

 1               THE SECRETARY:   Ayes, 60.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   In relation to 

 5  Calendar Number 1485, Senator Larkin moves to 

 6  discharge, from the Committee on Rules, Assembly 

 7  Bill Number 2709A and substitute it for the 

 8  identical Senate Bill Number 7559, Third Reading 

 9  Calendar 1485.

10               ACTING PRESIDENT GRIFFO:   The 

11  substitution is so ordered.

12               There is a home-rule message at the 

13  desk.

14               The Secretary will read.

15               THE SECRETARY:   Calendar Number 

16  1485, by Member of the Assembly Rabbitt, Assembly 

17  Print Number 2709A, an act to authorize.

18               ACTING PRESIDENT GRIFFO:   Read the 

19  last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT GRIFFO:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 60.

                                                               5117

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               THE SECRETARY:   In relation to 

 4  Calendar Number 1486, Senator Gallivan moves to 

 5  discharge, from the Committee on Rules, Assembly 

 6  Bill Number 10345 and substitute it for the 

 7  identical Senate Bill Number 7579, Third Reading 

 8  Calendar 1486.

 9               ACTING PRESIDENT GRIFFO:   The 

10  substitution is so ordered.

11               The Secretary will read.

12               THE SECRETARY:   Calendar Number 

13  1486, by Member of the Assembly O'Donnell, 

14  Assembly Print Number 10345, an act to amend the 

15  Family Court Act.

16               ACTING PRESIDENT GRIFFO:   Read the 

17  last section.

18               THE SECRETARY:   Section 4.  This 

19  act shall take effect on the 90th day.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 60.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               5118

 1               THE SECRETARY:   In relation to 

 2  Calendar Number 1487, Senator McDonald moves to 

 3  discharge, from the Committee on Rules, Assembly 

 4  Bill Number 10608A and substitute it for the 

 5  identical Senate Bill Number 7587B, Third Reading 

 6  Calendar 1487.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  substitution is so ordered.

 9               The Secretary will read.

10               THE SECRETARY:   Calendar Number 

11  1487, by the Assembly Committee on Rules, 

12  Assembly Print Number 10608A, an act to amend the 

13  Correction Law.

14               ACTING PRESIDENT GRIFFO:   Read the 

15  last section.

16               THE SECRETARY:   Section 3.  This 

17  act shall take effect on the 180th day.

18               ACTING PRESIDENT GRIFFO:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 60.

22               ACTING PRESIDENT GRIFFO:   The bill 

23  is passed.

24               THE SECRETARY:   Calendar Number 

25  1488, by Senator Ritchie, Senate Print 7611A, an 

                                                               5119

 1  act to amend the Agriculture and Markets Law.

 2               ACTING PRESIDENT GRIFFO:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 8.  This 

 5  act shall take effect on the 60th day.

 6               ACTING PRESIDENT GRIFFO:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 60.

10               ACTING PRESIDENT GRIFFO:   The bill 

11  is passed.

12               THE SECRETARY:   Calendar Number 

13  1489, by Senator Fuschillo, Senate Print 7644, an 

14  act to amend the Vehicle and Traffic Law.

15               ACTING PRESIDENT GRIFFO:   Read the 

16  last section.

17               THE SECRETARY:   Section 2.  This 

18  act shall take effect immediately.

19               ACTING PRESIDENT GRIFFO:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 60.

23               ACTING PRESIDENT GRIFFO:   The bill 

24  is passed.

25               THE SECRETARY:   In relation to 

                                                               5120

 1  Calendar Number 1490, Senator Stewart-Cousins 

 2  moves to discharge, from the Committee on Rules, 

 3  Assembly Bill Number 10454 and substitute it for 

 4  the identical Senate Bill Number 7651, Third 

 5  Reading Calendar 1490.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  substitution is so ordered.

 8               There is a home-rule message at the 

 9  desk.

10               The Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  1490, by Member of the Assembly Abinanti, 

13  Assembly Print Number 10454, an act to authorize.

14               ACTING PRESIDENT GRIFFO:   Read the 

15  last section.

16               THE SECRETARY:   Section 2.  This 

17  act shall take effect immediately.

18               ACTING PRESIDENT GRIFFO:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 60.

22               ACTING PRESIDENT GRIFFO:   The bill 

23  is passed.

24               THE SECRETARY:   In relation to 

25  Calendar Number 1491, Senator Marcellino moves to 

                                                               5121

 1  discharge, from the Committee on Rules, Assembly 

 2  Bill Number 10583A and substitute it for the 

 3  identical Senate Bill Number 7705A, Third Reading 

 4  Calendar 1491.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  substitution is so ordered.

 7               There is a home-rule message at the 

 8  desk.

 9               The Secretary will read.

10               THE SECRETARY:   Calendar Number 

11  1491, by the Assembly Committee on Rules, 

12  Assembly Print Number 10583A, an act to amend 

13  Section 17 of Chapter 483 of the Laws of 2010.

14               ACTING PRESIDENT GRIFFO:   Read the 

15  last section.

16               THE SECRETARY:   Section 2.  This 

17  act shall take effect immediately.

18               ACTING PRESIDENT GRIFFO:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               ACTING PRESIDENT GRIFFO:   Senator 

22  Gallivan to explain his vote.

23               SENATOR GALLIVAN:   Thank you, 

24  Mr. President.  I want to make sure we are on 

25  Calendar Number 1491.

                                                               5122

 1               ACTING PRESIDENT GRIFFO:   1491.

 2               SENATOR GALLIVAN:   Thank you.  

 3               I'd like to first thank Senator 

 4  Marcellino for his sponsorship of this 

 5  legislation that will extend for an additional 

 6  two-year period the opportunity for sportsmen 

 7  throughout this state to use crossbows during a 

 8  limited season.  

 9               I do feel obligated, though, to 

10  think of -- to go back to my obligation 

11  representing the sportsmen in my district and 

12  throughout the state.  In just briefly talking 

13  about what this bill does not completely do, I do 

14  not think that it represents the interests of 

15  sportsmen throughout the state.  It does not 

16  provide for acknowledgment or representation and 

17  support of the DEC deer management plan.  We're a 

18  long way from providing additional opportunities 

19  for elderly and disabled hunters.  

20               And finally, I think, with an 

21  expansion of crossbow hunting, we provide great 

22  ability to stimulate the New York State economy.  

23  I will continue to try to work to pursue that.  

24               I do thank Senator Marcellino, as I 

25  said, and others for supporting the opportunities 

                                                               5123

 1  for sportsmen.  I vote aye.  

 2               ACTING PRESIDENT GRIFFO:   Announce 

 3  the results.

 4               THE SECRETARY:   In relation to 

 5  Calendar Number 1491, those recorded in the 

 6  negative are Senators Griffo, Libous, Montgomery, 

 7  Perkins, Serrano and Seward.

 8               Ayes, 54.  Nays, 6.  

 9               ACTING PRESIDENT GRIFFO:   The bill 

10  is passed.  

11               THE SECRETARY:   Calendar Number 

12  1492, by Senator McDonald, Senate Print 7707, an 

13  act to authorize.

14               ACTING PRESIDENT GRIFFO:   There is 

15  a home-rule message at the desk.

16               The Secretary will read the last 

17  section.

18               THE SECRETARY:   Section 3.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 60.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               5124

 1               THE SECRETARY:   Calendar Number 

 2  1493, by Senator Alesi, Senate Print 7715, an act 

 3  to amend the Public Health Law.

 4               ACTING PRESIDENT GRIFFO:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 2.  This 

 7  act shall take effect on the 180th day.

 8               ACTING PRESIDENT GRIFFO:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               THE SECRETARY:   Ayes, 60.

12               ACTING PRESIDENT GRIFFO:   The bill 

13  is passed.

14               THE SECRETARY:   In relation to 

15  Calendar Number 1494, Senator Zeldin moves to 

16  discharge, from the Committee on Rules, Assembly 

17  Bill Number 10731 and substitute it for the 

18  identical Senate Bill Number 7721, Third Reading 

19  Calendar 1494.

20               ACTING PRESIDENT GRIFFO:   The 

21  substitution is so ordered.

22               The Secretary will read.

23               THE SECRETARY:   Calendar Number 

24  1494, by the Assembly Committee on Rules, 

25  Assembly Print Number 10731, an act to amend the 

                                                               5125

 1  Criminal Procedure Law.

 2               ACTING PRESIDENT GRIFFO:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT GRIFFO:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   In relation to 

10  Calendar Number 1494, those recorded in the 

11  negative are Senators Duane, Hassell-Thompson, 

12  Krueger, Montgomery, Perkins and Rivera.

13               Ayes, 54.  Nays, 6.

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is passed.

16               THE SECRETARY:   In relation to 

17  Calendar Number 1495, Senator Ritchie moves to 

18  discharge, from the Committee on Rules, Assembly 

19  Bill Number 10017A and substitute it for the 

20  identical Senate Bill Number 7751, Third Reading 

21  Calendar 1495.

22               ACTING PRESIDENT GRIFFO:   The 

23  substitution is so ordered.

24               The Secretary will read.

25               THE SECRETARY:   Calendar Number 

                                                               5126

 1  1495, by Member of the Assembly Russell, Assembly 

 2  Print 10017A, an act to authorize.

 3               ACTING PRESIDENT GRIFFO:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 2.  This 

 6  act shall take effect immediately.

 7               ACTING PRESIDENT GRIFFO:   Call the 

 8  roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 60.

11               ACTING PRESIDENT GRIFFO:   The bill 

12  is passed.

13               THE SECRETARY:   In relation to 

14  Calendar Number 1496, Senator Larkin moves to 

15  discharge, from the Committee on Rules, Assembly 

16  Bill Number 10723 and substitute it for the 

17  identical Senate Bill Number 7753, Third Reading 

18  Calendar 1496.

19               ACTING PRESIDENT GRIFFO:   The 

20  substitution is so ordered.

21               The Secretary will read.

22               THE SECRETARY:   Calendar Number 

23  1496, by the Assembly Committee on Rules, 

24  Assembly Print 10723, an act making 

25  appropriations.

                                                               5127

 1               ACTING PRESIDENT GRIFFO:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT GRIFFO:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 60.

 9               ACTING PRESIDENT GRIFFO:   The bill 

10  is passed.

11               THE SECRETARY:   In relation to 

12  Calendar Number 1497, Senator Ball moves to 

13  discharge, from the Committee on Rules, Assembly 

14  Bill Number 9470 and substitute it for the 

15  identical Senate Bill Number 7757, Third Reading 

16  Calendar 1497.

17               ACTING PRESIDENT GRIFFO:   The 

18  substitution is so ordered.  

19               The Secretary will read.

20               THE SECRETARY:   Calendar Number 

21  1497, by Member of the Assembly Katz, Assembly 

22  Print Number 9470, an act extending the 

23  provisions.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               5128

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT GRIFFO:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 60.

 7               ACTING PRESIDENT GRIFFO:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  1498, by Senator Little, Senate Print 7768A, an 

11  act providing for the elimination.

12               ACTING PRESIDENT GRIFFO:   Read the 

13  last section.

14               THE SECRETARY:   Section 3.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT GRIFFO:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               ACTING PRESIDENT GRIFFO:   Senator 

20  Little to explain her vote.

21               SENATOR LITTLE:   Thank you, 

22  Mr. President.  

23               As we all go back to our districts, 

24  I'm pretty certain we're going to be asked the 

25  question "And what did you do for mandate 

                                                               5129

 1  relief?"  There are several bills that have been 

 2  passed this week and throughout this session that 

 3  will help our counties, our local municipalities, 

 4  and our school districts with mandate relief.  

 5               This particular bill is kind of a 

 6  new idea for helping with mandate relief, in that 

 7  it will eliminate some of the reporting 

 8  requirements that are imposed on school districts 

 9  and local governments.  

10               This bill requires all agencies to 

11  look at the reports that they require from a 

12  school district or a local municipality, to make 

13  a list of those reports and to justify the need 

14  for those reports and the value and are they 

15  still necessary, to make a recommendation whether 

16  this report should be continued because it is 

17  valuable, or to eliminate that report because it 

18  is no longer necessary and it is burdensome.  It 

19  also allows for the electronic transmission of 

20  those reports that it deems to be necessary, 

21  which would be continued past April 1st of next 

22  year.

23               It does not eliminate the need for 

24  the activity that is being reported on, it only 

25  eliminates -- it may eliminate in some instances 

                                                               5130

 1  the requirement for an actual report to be 

 2  submitted to that agency.

 3               So I think that this is a good bill 

 4  that will help with some mandate relief.  I look 

 5  forward to it moving forward, and I vote aye.  

 6  Thank you.

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Little to be recorded in the affirmative.

 9               Announce the results.

10               THE SECRETARY:   Ayes, 59.  Nays, 

11  1.  Senator Hassell-Thompson recorded in the 

12  negative.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  1499, by Senator Robach, Senate Print 7782 --

17               SENATOR BRESLIN:   Lay it aside.

18               ACTING PRESIDENT GRIFFO:   The bill 

19  is laid aside.

20               THE SECRETARY:   Calendar Number 

21  1500, by Senator Breslin, Senate Print 7799, an 

22  act granting retroactive Tier IV membership.

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Libous, the bill is high and there's a home-rule 

25  message at the desk.

                                                               5131

 1               SENATOR LIBOUS:   The bill is high; 

 2  please lay it aside. 

 3               ACTING PRESIDENT GRIFFO:   Lay the 

 4  bill aside.

 5               THE SECRETARY:   In relation to 

 6  Calendar Number 1501, Senator Storobin moves to 

 7  discharge, from the Committee on Rules, Assembly 

 8  Bill Number 10609 and substitute it for the 

 9  identical Senate Bill Number 7812, Third Reading 

10  Calendar 1501.

11               ACTING PRESIDENT GRIFFO:   The 

12  substitution is so ordered.

13               The Secretary will read.

14               THE SECRETARY:   Calendar Number 

15  1501, by the Assembly Committee on Rules, 

16  Assembly Bill Number 10609, an act to amend the 

17  Election Law.

18               ACTING PRESIDENT GRIFFO:   Read the 

19  last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect on the 120th day.

22               ACTING PRESIDENT GRIFFO:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               ACTING PRESIDENT GRIFFO:   Can I 

                                                               5132

 1  have some order in the chamber, please.  

 2               Senator Storobin to explain his 

 3  vote.

 4               SENATOR STOROBIN:   Thank you, 

 5  Mr. President.  

 6               I would just like to thank everyone 

 7  who make this possible.  This is a very important 

 8  bill.  There are a lot of people in the community 

 9  that I come from, the Russian community, who came 

10  to the United States at the age of 60, 70, 80, 

11  who want to participate in American democracy who 

12  came from a place without opportunities to 

13  participate and to vote and to make a 

14  difference.  And unfortunately, a lot of them are 

15  not able to do so because they don't speak enough 

16  English.  

17               And this is very exciting, you 

18  know, to have all these people who lived through 

19  communism, through Stalinism, to finally be able 

20  to participate in full and to understand exactly 

21  what they are doing.  

22               So I'm going to vote in the 

23  affirmative.  Thank you very much.

24               ACTING PRESIDENT GRIFFO:   Senator 

25  Storobin to be recorded in the affirmative.

                                                               5133

 1               Senator Stavisky to explain her 

 2  vote.

 3               SENATOR STAVISKY:   Yes, thank you, 

 4  Mr. President.  I too applaud this legislation.  

 5               I represent a considerable number 

 6  of Russian immigrants from the former Soviet 

 7  Union -- not just from Russia, but from other 

 8  parts of Central Asia, such as Uzbekistan, and 

 9  they have to be given the same opportunity to 

10  vote as any other citizen.  And for that reason, 

11  I vote aye.

12               ACTING PRESIDENT GRIFFO:   Senator 

13  Stavisky to be recorded in the affirmative.

14               Announce the results.

15               THE SECRETARY:   Ayes, 59.  Nays, 

16  1.  Senator Ball recorded in the negative.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is passed.

19               SENATOR SKELOS:   Mr. President.

20               ACTING PRESIDENT GRIFFO:   Can I 

21  have some order in the chamber, please.  

22               Senator Skelos.

23               SENATOR SKELOS:   I just want to 

24  take a moment and congratulate Senator Storobin 

25  for the first bill that he's passed as a State 

                                                               5134

 1  Senator.

 2               (Applause.)

 3               ACTING PRESIDENT GRIFFO:   Senator 

 4  Libous, that completes the noncontroversial 

 5  reading of Supplemental Senate Calendar 61A.

 6               SENATOR LIBOUS:   Mr. President, 

 7  we're going to take up the controversial reading 

 8  in a second.

 9               ACTING PRESIDENT GRIFFO:   The 

10  Secretary will ring the bell.

11               SENATOR LIBOUS:   Mr. President, at 

12  this time could we take up the controversial 

13  reading of the calendar that we're on.  And it 

14  would be 1499, by Senator Robach.

15               ACTING PRESIDENT GRIFFO:   The 

16  Secretary will read.

17               THE SECRETARY:   Calendar Number 

18  1499, by Senator Robach, Senate Print 7782, an 

19  act to amend the State Finance Law.

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Breslin.  

22               SENATOR BRESLIN:   Thank you, 

23  Mr. President.  

24               I believe there's an amendment at 

25  the desk.  And I ask that the reading of the 

                                                               5135

 1  amendment be waived and Senator Kennedy be 

 2  allowed to be heard on the amendment.

 3               ACTING PRESIDENT GRIFFO:   Senator 

 4  Breslin, we have reviewed the amendment here and 

 5  find the amendment, in accordance with Senate 

 6  rules, to be nongermane.

 7               SENATOR BRESLIN:   Mr. President, I 

 8  appeal the ruling of the chair and ask that 

 9  Senator Kennedy be allowed to speak on that 

10  appeal.

11               ACTING PRESIDENT GRIFFO:   there 

12  has been an appeal of the ruling of the chair 

13  requested.  Senator Kennedy, you may be heard on 

14  the appeal.

15               SENATOR KENNEDY:   Thank you very 

16  much, Mr. President.  

17               First of all, I want to thank the 

18  bill's sponsor, Senator Robach, for bringing this 

19  important legislation to the floor.  

20               My amendment to Senator Robach's 

21  bill is germane for the following reasons.  

22  Senator Robach's bill requires state agencies to 

23  do a cost/benefit analysis before it enters into 

24  a contract for consultant services which are 

25  anticipated to cost more than $500,000 in a 

                                                               5136

 1  single year, to ensure that the services it is 

 2  contracting to do cannot be done at the same or 

 3  lesser cost in-house.

 4               It in effect seeks to safeguard 

 5  taxpayers' money by making that procurement 

 6  process as efficient as possible and ensuring 

 7  that taxpayers get the greatest bang for their 

 8  dollars.  

 9               My amendment also deals with state 

10  procurement; specifically, with the agency 

11  procurement of call-center services.  It ensures 

12  that all state business-related call centers and 

13  customer service work be performed by state 

14  contractors or other agents or subcontractors 

15  entirely within the State of New York.

16               My amendment enhances Senator 

17  Robach's bill by ensuring that taxpayer money 

18  goes to employers who create jobs here in 

19  New York.  It also provides that contractors who 

20  currently perform such work outside the State of 

21  New York have two years to comply with this 

22  provision by hiring New York workers.

23               Over the past four years, the 

24  United States has lost at least 500,000 

25  call-center jobs as businesses have opted to 

                                                               5137

 1  relocate offshore.  In addition to limiting the 

 2  employment opportunities for struggling families, 

 3  the use of foreign call centers presents a number 

 4  of security concerns with respect to protecting 

 5  New Yorkers' personal confidential information.

 6               This amendment holds companies that 

 7  outsource jobs accountable.  It directs the 

 8  Commissioner of Labor to compile a semiannual 

 9  list of all call-center employers in New York 

10  that relocate jobs overseas and publicly 

11  discloses this information to all state 

12  agencies.  

13               In light of the current economic 

14  climate, it is fiscally irresponsible to continue 

15  to reward, with taxpayer dollars and state 

16  subsidies, businesses that relocate jobs.  

17               Mr. President, it is for those 

18  reasons that I call this amendment to the floor 

19  as germane.  Thank you.

20               ACTING PRESIDENT GRIFFO:   Thank 

21  you for your explanation, Senator Kennedy.

22               The question is on the appeal of 

23  the ruling of the chair.  All those in favor of 

24  overruling the ruling of the chair signify by 

25  saying aye.

                                                               5138

 1               (Response of "Aye.")

 2               ACTING PRESIDENT GRIFFO:   Opposed?

 3               (Response of "Nay.")

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Breslin, why do you rise?

 6               SENATOR BRESLIN:   Mr. President, 

 7  can we have a show on hands on the vote, please.

 8               ACTING PRESIDENT GRIFFO:   A show 

 9  of hands has been requested and so ordered.

10               Announce the results.

11               THE SECRETARY:   Ayes, 22.

12               ACTING PRESIDENT GRIFFO:   The 

13  ruling of the chair is sustained.

14               Is there any Senator wishing to be 

15  heard?

16               (No response.)

17               ACTING PRESIDENT GRIFFO:   Seeing 

18  none, hearing none, the debate is closed and the 

19  Secretary will ring the bell.

20               Read the last section.

21               THE SECRETARY:   Section 3.  This 

22  act shall take effect on the 90th day.

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               5139

 1               THE SECRETARY:   Ayes, 60.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               Senator Libous, that completes the 

 5  controversial reading of Supplemental Senate 

 6  Calendar 61A.  We have two remaining that were 

 7  laid aside.

 8               SENATOR LIBOUS:   We can't go back 

 9  to them right now; we're going to do some other 

10  business so that we can move the process along.

11               I'm going to call Senator Robach; 

12  there's going to be an immediate meeting of the 

13  Labor Committee in Room 332.  

14               And then, Mr. President, since 

15  Senator Robach is going to move that meeting 

16  along quickly with the members of the Labor 

17  Committee, then there will be an immediate 

18  meeting of the Finance Committee in Room 332.  

19               And then we will come back into the 

20  chamber and take up all of the nominations that 

21  will have gone through the various committees and 

22  Finance.

23               So at this time there will be an 

24  immediate meeting of the Labor Committee, 

25  followed by an immediate meeting of the 

                                                               5140

 1  Finance Committee, and we will then come back in 

 2  and reconvene.  So we will stand at ease for a 

 3  little bit.

 4               ACTING PRESIDENT GRIFFO:   There's 

 5  an immediate meeting of the Labor Committee in 

 6  Room 332.  That will be followed by a meeting of 

 7  the Finance Committee in Room 332.  

 8               Until such time as the Finance 

 9  Committee returns, the Senate stands at ease.

10               (Whereupon, the Senate stood at ease 

11  at 2:39 p.m.)

12               (Whereupon, the Senate reconvened at 

13  3:31 p.m.)

14               ACTING PRESIDENT GRIFFO:   The 

15  Senate will come to order.  

16               Senator Libous.

17               SENATOR LIBOUS:   Mr. President, 

18  can we ask members to come into the chamber and 

19  have others sit down so -- Senator DeFrancisco, I 

20  believe there will be a report of the Finance 

21  Committee.  We have a number of nominees we're 

22  taking up, and we certainly want to give Senator 

23  DeFrancisco and other members the attention that 

24  these nominations deserve.  

25               And at this time I believe, 

                                                               5141

 1  Mr. President, there's a report of the Finance 

 2  Committee at the desk.

 3               ACTING PRESIDENT GRIFFO:   There is 

 4  a report of the Finance Committee at the desk.  

 5               The Secretary will read.

 6               THE SECRETARY:   Senator 

 7  DeFrancisco, from the Committee on Finance, 

 8  reports the following nominations.  

 9               As a member of New York State 

10  Workers' Compensation Board, Ellen O. Paprocki, 

11  of Baldwinsville.

12               ACTING PRESIDENT GRIFFO:   Senator 

13  DeFrancisco.

14               SENATOR DeFRANCISCO:   Yes, I 

15  proudly move the nomination for the reappointment 

16  of Ellen O. Paprocki for this position.  

17               I've known her for some time, and 

18  all of you know at least one member of her 

19  family.  And I can say unequivocally that of her 

20  siblings, she was clearly the most likely to 

21  succeed and has obviously reached a higher 

22  calling than someone who we know very well, her 

23  brother, Senator O'Mara.

24               (Laughter.)

25               SENATOR DeFRANCISCO:   In any 

                                                               5142

 1  event, she's a great person, a very hardworking 

 2  individual, greatly qualified, and she's a 

 3  terrific member of the board.  And we're very 

 4  happy to move this nomination and confirm her 

 5  today.

 6               Thank you, Mr. President.

 7               ACTING PRESIDENT GRIFFO:   Thank 

 8  you, Senator DeFrancisco.

 9               Senator O'Mara.

10               SENATOR O'MARA:   Yes, thank you, 

11  Mr. President.  I would love to have a few nice 

12  things to say about my sister up there.  However, 

13  I do seek permission to abstain from this vote 

14  given the special interest that I have in this 

15  nomination.  

16               Thank you.

17               ACTING PRESIDENT GRIFFO:   In 

18  accordance with Senate rules and your request, 

19  permission is hereby granted.

20               The question is on the 

21  reappointment of Ellen O. Paprocki, of 

22  Baldwinsville, as a member of the New York State 

23  Workers' Compensation Board.  All in favor 

24  signify by saying aye.

25               (Response of "Aye.")

                                                               5143

 1               ACTING PRESIDENT GRIFFO:   Opposed?

 2               (No response.)

 3               ACTING PRESIDENT GRIFFO:   Ellen O. 

 4  Paprocki, of Baldwinsville, is hereby confirmed.  

 5               Thank you.  Congratulations.

 6               (Applause.)

 7               ACTING PRESIDENT GRIFFO:   The 

 8  Secretary will read.

 9               THE SECRETARY:   As a commissioner 

10  of the Public Service Commission, Gregg C. Sayre, 

11  of Fairport.

12               ACTING PRESIDENT GRIFFO:   Senator 

13  DeFrancisco.

14               SENATOR DeFRANCISCO:   Yes, I move 

15  the nomination of Gregg C. Sayre, of Fairport, as 

16  a commissioner of the Public Service Commission.

17               Those of you who were at any of the 

18  committee meetings, either Energy or Finance, or 

19  have had the chance to review his resume, I can 

20  only say that it's outstanding.  He's got an 

21  incredible background for this particular 

22  position, and he will be a great addition to this 

23  commission.  So I proudly move his nomination.

24               (Pause.)

25               SENATOR DeFRANCISCO:   Do you want 

                                                               5144

 1  me to say some more or --

 2               (Laughter.)

 3               ACTING PRESIDENT GRIFFO:   No, no, 

 4  I was just trying to determine if there was any 

 5  other member that wishes to speak.

 6               The question is on the nomination 

 7  of Gregg C. Sayre, of Fairport, as a commissioner 

 8  of the Public Safety Commission.  All in favor 

 9  signify by saying aye.

10               (Response of "Aye.")

11               ACTING PRESIDENT GRIFFO:   Opposed?

12               (No response.)

13               ACTING PRESIDENT GRIFFO:   Gregg 

14  Sayre is hereby confirmed as commissioner of the 

15  Public Service Commission.  

16               Congratulations.

17               (Applause.)

18               ACTING PRESIDENT GRIFFO:   The 

19  Secretary will read.

20               THE SECRETARY:   As members of the 

21  Board of Trustees of the State University of 

22  New York:  Richard Socarides, of New York City; 

23  Henrik N. Dullea, Ph.D., of Ithaca; Angelo Fatta, 

24  Ph.D., of Lake View; and Marshall A. Lichtman, of 

25  Rochester.

                                                               5145

 1               ACTING PRESIDENT GRIFFO:   Senator 

 2  DeFrancisco.

 3               SENATOR DeFRANCISCO:   Yes, I move 

 4  each of these nominations.  

 5               And I just want to say, like I've 

 6  said many times this year, is the nominations 

 7  that the Governor has made on all of these 

 8  positions are truly outstanding.  And we are very 

 9  fortunate to have the individuals who are willing 

10  to serve at the SUNY board, willing to take these 

11  nominations, and willing to serve in this 

12  capacity.  

13               They all have outstanding 

14  backgrounds, a great breadth of experience, from 

15  the highest levels of government in Washington 

16  and the White House to the prior administrations 

17  in this State of New York for a couple of 

18  different governors.  So we've got experience, 

19  we've got qualifications, and we've got strong 

20  people to lead the State University of the State 

21  of New York, and I would move each of the 

22  nominations.

23               ACTING PRESIDENT GRIFFO:   Thank 

24  you, Senator DeFrancisco.

25               Senator Grisanti.

                                                               5146

 1               SENATOR GRISANTI:   Yes, thank you, 

 2  Mr. President, just briefly.  

 3               I too want to commend the Governor 

 4  for the four appointments to the State University 

 5  of New York Board of Trustees; in particular, 

 6  Angelo Fatta, who is from Lake View, which is in 

 7  my neck of the woods.  

 8               And something that a lot of people 

 9  may not know, but he was a pioneer of 

10  bio-informatics for the University of Buffalo, 

11  and that is something that became the second 

12  phase of the UB 2020 program with that school.  

13               So with that expense and the 

14  experience that he's had with start-up companies 

15  and knowledge and how that school is moving 

16  forward to be a leader and a pioneer in these 

17  types of technologies and studies for the 

18  students, I think it's a tremendous appointment, 

19  and I move the nomination as well.

20               Thank you, Mr. President.

21               ACTING PRESIDENT GRIFFO:   Senator 

22  Marcellino.

23               SENATOR MARCELLINO:   Yes, 

24  Mr. President, thank you.

25               I'd also, as my colleague Senator 

                                                               5147

 1  DeFrancisco did, like to thank the nominees for 

 2  their willingness to serve.  These are not easy 

 3  times, and especially going into the public 

 4  sector and working in the public sector.  And if 

 5  you're going into either the -- especially in the 

 6  educational field, because as a former teacher 

 7  myself, I have a feel for that and I know that 

 8  education is at a crossroads.  There's a lot to 

 9  do and a lot of changes to be made.  

10               And our State University system is 

11  a great university system, but it is also in need 

12  of, in my mind, a breath of fresh air.  And I'm 

13  hoping that this group of nominees will do just 

14  that and not be afraid to innovate, not be afraid 

15  to make change and not just to leave it because 

16  it seems to be working.  

17               And the system is a good system, 

18  but I think it could be a lot better.  And I 

19  think we could challenge our students a lot more 

20  and we could bring in new programs and new ideas 

21  and new ways of doing things.  We just don't have 

22  to continue the way we've been going.  

23               So I urge you to strike out, look 

24  for new things, look for new ideas, and don't be 

25  afraid to innovate.  It's not a curse, it's a 

                                                               5148

 1  good idea.

 2               So again, I wish you the best, and 

 3  again I thank you for your willingness to serve.  

 4  I know it's not easy.  God bless you.  And I vote 

 5  aye on these nominations.

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  Ranzenhofer.

 8               SENATOR RANZENHOFER:   I'd also 

 9  like to commend the Governor on all four 

10  nominations, and in particular just mention that 

11  I've known Angelo Fatta for over 20 years.  

12               He has excellent experience in 

13  terms of the educational field, the business 

14  field, the technology and scientific field.  I 

15  think he'll be a great addition to the Board of 

16  Trustees, and I'd like to add my good wishes to 

17  his service as well as the others.  

18               Thank you, Mr. President.

19               ACTING PRESIDENT GRIFFO:   Senator 

20  Squadron.

21               SENATOR SQUADRON:   Thank you very 

22  much.  

23               I want to add my voice to a 

24  particularly well-qualified group of nominees who 

25  will do an incredibly important job for the 

                                                               5149

 1  future of the state and opportunity in the 

 2  state.  

 3               I want to particularly acknowledge 

 4  that Richard Socarides, who I've known since well 

 5  before adulthood, is among those nominees and is 

 6  one who brings particular judgment, commitment to 

 7  public service, and intellectual heft.  And so 

 8  I'm very glad that he's agreed to do this and 

 9  honored to vote yes on all the nominees, 

10  Mr. Socarides and the rest.  

11               Thank you.  

12               ACTING PRESIDENT GRIFFO:   Senator 

13  Stavisky.

14               SENATOR STAVISKY:   Thank you.  

15               I too congratulate the Governor on 

16  four outstanding appointments.  Each individual 

17  brings a different perspective to service as a 

18  SUNY trustee.  

19               I particularly congratulate 

20  Dr. Hank Dullea, who has known many of the people 

21  here for many, many years.  And he brings a 

22  combination of academic excellence, government 

23  service, and a commitment to higher education.  

24  That passion for public service is still there, 

25  and we thank our friend Hank Dullea and wish him 

                                                               5150

 1  continued service, as he started with the other 

 2  house, he worked for the Governor, he worked for 

 3  SUNY, and he understands each perspective.  

 4               And we congratulate all of them.  

 5  Thank you.

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  Farley.

 8               SENATOR FARLEY:   Yes, thank you, 

 9  Mr. President.

10               I rise as somebody that has been a 

11  professor at the state university for 35 years 

12  and somebody who's been very interested in SUNY.  

13               I think that these candidates are 

14  outstanding, but I do have to call attention 

15  again to Hank Dullea, somewhat of a relative of 

16  mine, but somebody that has served this state in 

17  every capacity that you can imagine.  And we're 

18  so fortunate to have him be willing to serve as a 

19  trustee.  

20               And I'm very excited about these 

21  appointments, and I applaud the Governor for 

22  being able to reach out to get New York's finest 

23  to represent us on the finest university system 

24  in the nation.

25               Thank you, Mr. President.

                                                               5151

 1               ACTING PRESIDENT GRIFFO:   Senator 

 2  Seward.

 3               SENATOR SEWARD:   Yes, thank you, 

 4  Mr. President.

 5               I want to add my voice to the 

 6  chorus and congratulate the Governor on this 

 7  outstanding group of new trustees that have been 

 8  nominated.  

 9               The State University, in my 

10  estimation, is one of New York State's greatest 

11  assets.  And with the appointment of these three 

12  new trustees and the reappointment of Marshall 

13  Lichtman, I believe that our State University of 

14  New York will be even more of an asset for us in 

15  New York State.  

16               And I see we've been joined by our 

17  great Chancellor here today with us as well.  

18               And I want to single out Hank 

19  Dullea, who had a distinguished career, as has 

20  been pointed out, with the State University and 

21  as director of state operations under both 

22  Governors Carey and the first Governor Cuomo, and 

23  then went down to Cornell, part of which is a 

24  part of our State University system, as a vice 

25  president.  

                                                               5152

 1               In those days I was representing 

 2  the campus itself -- I still have four towns in 

 3  Tompkins County in my district -- and worked 

 4  very, very closely with Hank Dullea in those 

 5  years he was at Cornell, and we did some good 

 6  things together on behalf of that university and 

 7  the people of the region and people of the State 

 8  of New York.

 9               So congratulations to all of these 

10  nominees.  We look forward to even greater things 

11  from a great university.

12               ACTING PRESIDENT GRIFFO:   The 

13  question is on the nominees -- Richard Socarides, 

14  Henrik Dullea, Angelo Fatta, and Marshall 

15  Lichtman -- as members of the Board of Trustees 

16  for the State University of New York.  All in 

17  favor signify by saying aye.

18               (Response of "Aye.")

19               ACTING PRESIDENT GRIFFO:   Opposed?

20               (No response.)

21               ACTING PRESIDENT GRIFFO:   The 

22  nominees as read have been confirmed.

23               Congratulations.  Please rise and 

24  be acknowledged.

25               (Applause.)

                                                               5153

 1               ACTING PRESIDENT GRIFFO:   The 

 2  Secretary will read.

 3               THE SECRETARY:   As a member of the 

 4  Board of Trustees of the City University of 

 5  New York, Brian D. Obergfell, of Brooklyn.

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  DeFrancisco.

 8               SENATOR DeFRANCISCO:   Yes, I'd 

 9  proudly move the nomination.  

10               And without repeating myself, this 

11  individual is well-qualified for this high-level 

12  position at CUNY, and I proudly move his 

13  nomination.

14               ACTING PRESIDENT GRIFFO:   The 

15  question is on the nomination of Brian D. 

16  Obergfell, of Brooklyn, as a member of the Board 

17  of Trustees of the City University of New York.  

18  All in favor signify by saying aye.

19               (Response of "Aye.")

20               ACTING PRESIDENT GRIFFO:   Opposed?

21               (No response.)

22               ACTING PRESIDENT GRIFFO:   The 

23  nominee is hereby confirmed.  

24               Congratulations, Brian.  

25               (Applause.)

                                                               5154

 1               ACTING PRESIDENT GRIFFO:   The 

 2  Secretary will read.

 3               THE SECRETARY:   As a member of the 

 4  Lake George Park Commission, Bruce E. Young, of 

 5  Huletts Landing.

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  DeFrancisco.

 8               SENATOR DeFRANCISCO:   Move the 

 9  nomination.

10               ACTING PRESIDENT GRIFFO:   The 

11  question is on the nomination of Bruce E. Young 

12  as a member of the Lake George Park Commission.  

13  All in favor signify by saying aye.

14               (Response of "Aye.")

15               ACTING PRESIDENT GRIFFO:   Opposed?

16               (No response.)

17               ACTING PRESIDENT GRIFFO:   Bruce E. 

18  Young is hereby confirmed as a member of the Lake 

19  George Park Commission.  

20               Congratulations.

21               (Applause.)

22               ACTING PRESIDENT GRIFFO:   Senator 

23  Libous, that completes the confirmation of the 

24  nominations before the house.

25               SENATOR LIBOUS:   Thank you, 

                                                               5155

 1  Mr. President.

 2               I have a little housekeeping at 

 3  this time.

 4               ACTING PRESIDENT GRIFFO:   Sure.

 5               SENATOR LIBOUS:   At this time 

 6  Senator Skelos hands up the following committee 

 7  assignments to be filed in the Journal.

 8               ACTING PRESIDENT GRIFFO:   So 

 9  ordered.  They will be filed in the Journal.

10               SENATOR LIBOUS:   Thank you, 

11  Mr. President.

12               Mr. President, I would call on 

13  Senator Ruth Hassell-Thompson at this time.

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Ruth Hassell-Thompson.

16               SENATOR HASSELL-THOMPSON:   

17  Mr. President, thank you.

18               There will be an immediate meeting 

19  of the Democratic Conference in Room 315.

20               ACTING PRESIDENT GRIFFO:   There 

21  will be an immediate meeting of the Democrat 

22  Conference in Room 315.

23               SENATOR LIBOUS:   Mr. President, 

24  there will be a prompt meeting of the Rules 

25  Committee at 4:30 in Room 332.

                                                               5156

 1               ACTING PRESIDENT GRIFFO:   There 

 2  will be a prompt meeting of the Rules Committee 

 3  in Room 332 at 4:30 sharp.

 4               SENATOR HASSELL-THOMPSON:   Point 

 5  of order.

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  Hassell-Thompson, what is your point of order?  

 8               SENATOR HASSELL-THOMPSON:   Senator 

 9  Libous, I appreciate the fact that you'd like to 

10  set a time, but I would like to hope that we have 

11  received the materials in time so that we will 

12  not be late keeping your deadline.

13               SENATOR LIBOUS:   The Rules 

14  Committee will meet after the materials have been 

15  received.

16               SENATOR HASSELL-THOMPSON:   Thank 

17  you.  Thank you.  That's been one of the issues.

18               Thank you, Mr. President.

19               ACTING PRESIDENT GRIFFO:   The 

20  Senate stands at ease.

21               (Whereupon, the Senate stood at ease 

22  at 3:46 p.m.)

23               ACTING PRESIDENT ROBACH:   Senator 

24  Libous.

25               SENATOR LIBOUS:   Thank you, 

                                                               5157

 1  Mr. President.  I just want to make an amendment 

 2  on the Rules Committee meeting.  It will now be 

 3  held promptly at 5:00 p.m. in Room 332.

 4               ACTING PRESIDENT ROBACH:   The 

 5  Rules Committee meeting time has been changed to 

 6  5:00 p.m.  We request that all members on the 

 7  Rules Committee be in Room 332 promptly at 

 8  5:00 p.m.

 9               The Senate continues to stand at 

10  ease.

11               (Whereupon, the Senate reconvened at 

12  5:32 p.m.)

13               ACTING PRESIDENT GRIFFO:   The 

14  Senate will come to order.

15               Senator Libous.

16               SENATOR LIBOUS:   Mr. President, 

17  can we go back to reports of standing 

18  committees.  

19               I believe there's a report of the 

20  Rules Committee at the desk, and I ask that it be 

21  read at this time. 

22               ACTING PRESIDENT GRIFFO:   We will 

23  return to reports of standing committees.  

24               There is a report of the 

25  Rules Committee at the desk, and the Secretary 

                                                               5158

 1  will read.

 2               THE SECRETARY:   Senator Skelos, 

 3  from the Committee on Rules, reports the 

 4  following bills:  

 5               Senate Print 6092B, by Senator 

 6  DeFrancisco, an act to amend the Education Law; 

 7               7125, by Senator McDonald, an act 

 8  to amend the Racing, Pari-Mutuel Wagering and 

 9  Breeding Law; 

10               7435, by Senator Skelos, an act to 

11  amend the Local Finance Law; 

12               7552, by the Committee on Rules, an 

13  act to amend the Local Finance Law;

14               7672, by Senator Skelos, an act to 

15  amend the Local Finance Law;

16               7713, by Senator Hannon, an act to 

17  amend Chapter 401 of the Laws of 2002; 

18               7774, by Senator Hannon, an act to 

19  amend the Real Property Tax Law; 

20               7804, by Senator Golden, an act to 

21  amend the Administrative Code of the City of 

22  New York; 

23               3872C, by Senator Maziarz, an act 

24  to amend the Public Authorities Law; 

25               4912, by Senator Nozzolio, an act 

                                                               5159

 1  to amend the Public Authorities Law; 

 2               5228A, by Senator Grisanti, an act 

 3  to amend the Environmental Conservation Law;

 4               5313B, by Senator Golden, an act to 

 5  amend the General Business Law; 

 6               6898, by Senator Young, an act to 

 7  amend Chapter 246 of the Laws of 2010; 

 8               7147, by Senator Young, an act to 

 9  amend the Tax Law; 

10               7525, by Senator Grisanti, an act 

11  to amend the Environmental Conservation Law; 

12               7592A, by Senator Saland, an act to 

13  amend Chapter 367 of the Laws of 1999; 

14               7641B, by Senator Martins, an act 

15  to amend the Civil Practice Law and Rules; 

16               7711, by Senator Lanza, an act to 

17  amend the Real Property Tax Law;

18               7743A, by Senator Maziarz, an act 

19  to amend the Public Service Law;

20               7767, by Senator Young, an act to 

21  require the Power Authority;

22               7788, by the Committee on Rules, an 

23  act to amend Part H of Chapter 1 of the Laws of 

24  2003;

25               And Senate Print 7789, by Senator 

                                                               5160

 1  Maziarz, an act directing the Power Authority.

 2               All bills reported direct to third 

 3  reading.

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Libous.

 6               SENATOR LIBOUS:   Mr. President, I 

 7  move to accept the report of the Rules Committee.

 8               ACTING PRESIDENT GRIFFO:   All in 

 9  favor of accepting the Committee on Rules report 

10  signify by saying aye.

11               (Response of "Aye.")

12               ACTING PRESIDENT GRIFFO:   Opposed?

13               (No response.)

14               ACTING PRESIDENT GRIFFO:   The 

15  Committee on Rules report is accepted.

16               SENATOR LIBOUS:   Mr. President.

17               ACTING PRESIDENT GRIFFO:   Senator 

18  Libous.

19               SENATOR LIBOUS:   If everybody 

20  could go to Supplemental Active List Number 3.

21               ACTING PRESIDENT GRIFFO:   We will 

22  go to Supplemental Active List Number 3.

23               SENATOR LIBOUS:   Do the 

24  noncontroversial reading, please.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               5161

 1  Secretary will read Calendar Number 1088.

 2               THE SECRETARY:   Calendar Number 

 3  1088, by Senator LaValle, Senate Print 1940, an 

 4  act to amend the Education Law.

 5               ACTING PRESIDENT GRIFFO:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT GRIFFO:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 60.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is passed.

15               THE SECRETARY:   On page 33, 

16  Senator LaValle moves to discharge, from the 

17  Committee on Higher Education, Assembly Bill 

18  Number 10118 and substitute it for the identical 

19  Senate Bill Number 7175, Third Reading Calendar 

20  1093.

21               ACTING PRESIDENT GRIFFO:   The 

22  substitution is so ordered.

23               The Secretary will read.

24               THE SECRETARY:   Calendar Number 

25  1093, by Member of the Assembly Canestrari, 

                                                               5162

 1  Assembly Print 10118, an act to amend the 

 2  Education Law.

 3               ACTING PRESIDENT GRIFFO:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 5.  This 

 6  act shall take effect on the 90th day.

 7               ACTING PRESIDENT GRIFFO:   Call the 

 8  roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 60.

11               ACTING PRESIDENT GRIFFO:   The bill 

12  is passed.

13               Senator Libous, that completes the 

14  noncontroversial reading of Supplemental Active 

15  List Number 3.

16               SENATOR LIBOUS:   Mr. President, 

17  could we please go Supplemental Active List 

18  Number 4, noncontroversial reading.

19               ACTING PRESIDENT GRIFFO:   The 

20  Secretary will read.

21               THE SECRETARY:   In relation to 

22  Calendar Number 44, Senator Nozzolio moves to 

23  discharge, from the Committee on Rules, Assembly 

24  Bill 9103C and substitute it for the identical 

25  Senate Bill Number 5208C, Third Reading Calendar 

                                                               5163

 1  44.

 2               SENATOR BRESLIN:   Lay it aside.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  substitution is so ordered.

 5               The bill is laid aside.

 6               The Secretary will continue to 

 7  read.

 8               THE SECRETARY:   Calendar Number 

 9  554, by Senator Marcellino, Senate Print 4229, an 

10  act to amend the Suffolk County Tax Act.

11               ACTING PRESIDENT GRIFFO:   There is 

12  a home-rule message at the desk.  

13               SENATOR LIBOUS:   Excuse me, 

14  Mr. President.  It appears that we may not have 

15  this list on some of the desks.

16               ACTING PRESIDENT GRIFFO:   The 

17  Senate will pause momentarily.

18               SENATOR LIBOUS:   Anyone who 

19  doesn't have Supplemental Active List Number 4, 

20  please raise your hand and they'll bring you the 

21  list.

22               I would ask members, there's a lot 

23  of papers on the desks.  And certainly the desk 

24  does its best job and does a darn good job at 

25  getting the stuff out.  So I know sometimes -- I 

                                                               5164

 1  know the other day I was looking for mine, and it 

 2  was in between a couple of bills.  And I know 

 3  that all of you are reading the bills intently, 

 4  so you should pay attention.

 5               Mr. President, I think everybody 

 6  now has it; we can proceed.  Thank you.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  Secretary will read.  We are on Calendar 554.

 9               THE SECRETARY:   Calendar Number 

10  554, by Senator Marcellino, Senate Print 4229, an 

11  act to amend the Suffolk County Tax Act.

12               ACTING PRESIDENT GRIFFO:   There is 

13  a home-rule message at the desk.

14               Read the last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT GRIFFO:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 60.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  1041, by Senator Grisanti, Senate Print 5418B, an 

25  act to amend the Navigation Law.

                                                               5165

 1               ACTING PRESIDENT GRIFFO:   Read the 

 2  last section.

 3               SENATOR BRESLIN:   Lay it aside.

 4               ACTING PRESIDENT GRIFFO:   Lay the 

 5  bill aside.

 6               Senator Libous, that completes the 

 7  noncontroversial reading of Supplemental Active 

 8  List Number 4.

 9               SENATOR LIBOUS:   Mr. President, 

10  can we now take up the controversial list on 

11  Supplemental Calendar Number 4.  I believe the 

12  first one, by Senator Nozzolio.

13               ACTING PRESIDENT GRIFFO:   The 

14  Secretary will ring the bell.

15               The Secretary will read.

16               THE SECRETARY:   Calendar Number 

17  44, substituted earlier by Member of the Assembly 

18  Finch, Assembly Print Number 9103C, an act to 

19  amend the Real Property Tax Law.

20               SENATOR BRESLIN:   Explanation.

21               ACTING PRESIDENT GRIFFO:   An 

22  explanation has been requested by Senator 

23  Breslin, Senator Nozzolio.

24               SENATOR NOZZOLIO:   Thank you, 

25  Mr. President.

                                                               5166

 1               Mr. President, this is a 

 2  legislative measure put forward at the request of 

 3  the City of Auburn, New York, which is concerned 

 4  with the upkeep of rental property within the 

 5  city boundaries.  

 6               That the involvement with receiving 

 7  partial tax exemptions for that construction and 

 8  improvement, allowing the city to encourage 

 9  reinvestment into the housing stock of that 

10  community.  They are private investments.  And 

11  they are asking, the city, to have the authority 

12  to present that additional tax incentives to 

13  enhance the value of the housing stock within the 

14  City of Auburn.

15               ACTING PRESIDENT GRIFFO:   Thank 

16  you, Senator Nozzolio.

17               Seeing and hearing no other Senator 

18  wishing to speak, debate is closed.  The 

19  Secretary will ring the bell.

20               Read the last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               5167

 1               THE SECRETARY:   Ayes, 60.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  1041, by Senator Grisanti, Senate Print 5418B, an 

 6  act to amend the Navigation Law.

 7               ACTING PRESIDENT GRIFFO:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 6.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT GRIFFO:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Krueger to explain her vote.

16               SENATOR KRUEGER:   I would, as long 

17  as I can just clarify.  This is S5418B?  

18               ACTING PRESIDENT GRIFFO:   This is 

19  S5418B, by Senator Grisanti.

20               SENATOR KRUEGER:   Thank you.  

21  Involving petroleum-contaminated sites.  I 

22  thought I might have heard something about a 

23  different title that was read, so that's why I 

24  was confused.  

25               So I would like to explain my vote, 

                                                               5168

 1  thank you.

 2               ACTING PRESIDENT GRIFFO:   Senator 

 3  Krueger to explain her vote.

 4               SENATOR KRUEGER:   Thank you.

 5               I am voting no on this bill.  I 

 6  have heard from a number of environmental 

 7  organizations who are pointing out that by 

 8  removing strict liability and forcing DEC to 

 9  investigate whether a third party is involved, it 

10  takes money away from the agency's program to 

11  clean up the spill.  

12               They also have noted to us that if 

13  DEC cannot make the determination of who the 

14  responsible party is within 30 days, there may be 

15  no way for the state to recoup payments from 

16  polluters.

17               I would hate to imagine we made a 

18  timeline so short that we lost our opportunity to 

19  hold the guilty parties responsible.  And 

20  therefore, I am voting no.  

21               Thank you, Mr. President.

22               ACTING PRESIDENT GRIFFO:   Senator 

23  Krueger to be recorded in the negative.

24               Senator LaValle to explain his 

25  vote.

                                                               5169

 1               SENATOR LaVALLE:   Thank you, 

 2  Mr. President.

 3               While I'm not going to support this 

 4  legislation, I did want to say that we need to 

 5  engage with the Environmental Advocates.  Because 

 6  cleaning up brownfields is in everyone's best 

 7  interest for a whole variety of reasons.  We're 

 8  taking properties that are polluting and we need 

 9  to clean those properties up to make communities 

10  a safe place and have a safe use.

11               Senator Grisanti is moving in the 

12  right direction.  I don't think we're quite there 

13  yet, but I think through some dialogue, I think 

14  we can get there and have a good bill.

15               So I'm in the negative on this 

16  bill.

17               ACTING PRESIDENT GRIFFO:   Senator 

18  LaValle to be recorded in the negative.

19               Senator Grisanti to explain his 

20  vote.

21               SENATOR GRISANTI:   Yes, thank you, 

22  Mr. President.

23               You know, I've read the opposition 

24  memo by the Environmental Advocates of New York, 

25  and the opposition is without merit.  

                                                               5170

 1               I can tell you right now that what 

 2  we amended from last year to this year, it helps 

 3  you find the responsible party and have a right 

 4  of action.  

 5               Right now, if somebody buys one of 

 6  these sites, they are the responsible party.  

 7  This bill allows them, by a preponderance of 

 8  evidence, to show and to have an arbitration 

 9  hearing that there's another faulted party to go 

10  after.  So it's going to allow more people to be 

11  chargeable.  It's going to be less fiscal impact 

12  to the state.  

13               And just to answer Senator 

14  Krueger's question, because a mere preponderance 

15  of the evidence is required to apportion 

16  liability, 30 days is more than adequate for the 

17  DEC to examine the evidence given to them and 

18  make a determination, even in complicated 

19  situations where it may be difficult to find the 

20  responsible party.

21               So from an amendment last year, an 

22  endorsement from the New York State Association 

23  of Service Stations and Repair Shops and from the 

24  New York State Bar Association that were not on 

25  this bill last year, we made the amendments 

                                                               5171

 1  necessary.  

 2               This is important to clean up these 

 3  sites.  It's important to find the responsible 

 4  parties, not just one person that buys the site.  

 5  You can go back; the evidence will help you do 

 6  that.

 7               So I vote aye, Mr. President.  

 8  Thank you very much.

 9               ACTING PRESIDENT GRIFFO:   Senator 

10  Grisanti to be recorded in the affirmative.

11               Announce the results.

12               THE SECRETARY:   In relation to 

13  Calendar Number 1041, those recorded in the 

14  negative are Senators Addabbo, Avella, Ball, 

15  Dilan, Gianaris, Hassell-Thompson, Krueger, 

16  LaValle, Montgomery, Oppenheimer, Peralta, 

17  Perkins, Rivera, Serrano, Squadron, Stavisky and 

18  Stewart-Cousins.  Also Senator Sampson.  

19               Ayes, 42.  Nays, 18.

20               ACTING PRESIDENT GRIFFO:   The bill 

21  is passed.

22               Senator Libous, that completes the 

23  supplemental active list, controversial reading.

24               SENATOR LIBOUS:   I'm sorry?  

25               ACTING PRESIDENT GRIFFO:   I 

                                                               5172

 1  believe that completes the reading of 

 2  Supplemental Active List Number 4, the 

 3  controversial reading.

 4               SENATOR LIBOUS:   Mr. President, it 

 5  does.

 6               Mr. President, we are now going to 

 7  take up the noncontroversial reading of 

 8  Supplemental Senate Calendar 61B.

 9               ACTING PRESIDENT GRIFFO:   The 

10  Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  1473, by Senator DeFrancisco, Senate Print 6092B, 

13  an act to amend the Education Law.

14               ACTING PRESIDENT GRIFFO:   Read the 

15  last section.

16               THE SECRETARY:   Section 2.  This 

17  act shall take effect on the 545th day after it 

18  shall have become a law.

19               ACTING PRESIDENT GRIFFO:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 60.

23               ACTING PRESIDENT GRIFFO:   The bill 

24  is passed.

25               THE SECRETARY:   In relation to 

                                                               5173

 1  Calendar Number 1503, Senator McDonald moves to 

 2  discharge from the Committee on Racing, Gaming 

 3  and Wagering, Assembly Bill Number 9392 and 

 4  substitute it for the identical Senate Bill 

 5  Number 7125, Third Reading Calendar 1503.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  substitution is so ordered.

 8               The Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  1503, by Member of the Assembly Pretlow, Assembly 

11  Print 9392, an act to amend the Racing, 

12  Pari-Mutuel Wagering and Breeding Law.

13               ACTING PRESIDENT GRIFFO:   Read the 

14  last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT GRIFFO:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 60.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               THE SECRETARY:   In relation to 

24  Calendar Number 1504, Senator Skelos moves to 

25  discharge, from the Committee on Rules, Assembly 

                                                               5174

 1  Bill Number 10261 and substitute it for the 

 2  identical Senate Bill Number 7435, Third Reading 

 3  Calendar 1504.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  substitution is so ordered.  

 6               There is a home-rule message at the 

 7  desk.

 8               The Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  1504, by Member of the Assembly Curran, Assembly 

11  Print Number 10261, an act to amend the Local 

12  Finance Law.

13               ACTING PRESIDENT GRIFFO:   Read the 

14  last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT GRIFFO:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Krueger to explain her vote.

22               SENATOR KRUEGER:   Thank you, 

23  Mr. President.

24               I will be voting no on this bill 

25  and the following two bills.  These are 

                                                               5175

 1  amortizations for pension payouts for people who 

 2  leave their jobs.  This is the equivalent of 

 3  towns choosing to take payday loans to make their 

 4  obligatory pension payments.  It may seem to be a 

 5  good idea today, but then when you realize you're 

 6  actually paying interest over 10 years, through 

 7  borrowing, just to make your pension payments, I 

 8  think that people would realize this is not a 

 9  very good plan for them.  

10               And I understand these three towns 

11  have sent home-rule messages, but I cannot 

12  endorse this model of borrowing now to make your 

13  daily payments.  

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

15  Thank you.  

16               ACTING PRESIDENT GRIFFO:   Senator 

17  Krueger to be recorded in the negative.  

18               Announce the results.

19               THE SECRETARY:   Ayes, 58.  Nays, 

20  2.  Senators Avella and Krueger recorded in the 

21  negative.

22               ACTING PRESIDENT GRIFFO:   Senator 

23  Oppenheimer, why do you rise?

24               SENATOR OPPENHEIMER:   I was going 

25  to say I unfortunately wasn't here for the prior 

                                                               5176

 1  vote.

 2               (Discussion off the record.)

 3               ACTING PRESIDENT GRIFFO:   The 

 4  Secretary will continue to read.

 5               THE SECRETARY:   In relation to 

 6  Calendar Number 1505, Senator Skelos moves to 

 7  discharge, from the Committee on Rules, Assembly 

 8  Bill Number 10552 and substitute it for the 

 9  identical Senate Bill Number 7552, Third Reading 

10  Calendar 1505.

11               ACTING PRESIDENT GRIFFO:   The 

12  substitution is so ordered.  

13               There is a home-rule message at the 

14  desk.

15               The Secretary will read.

16               THE SECRETARY:   Calendar Number 

17  1505, by the Assembly Committee on Rules, 

18  Assembly Print 10552, an act to amend the Local 

19  Finance Law.

20               ACTING PRESIDENT GRIFFO:   Read the 

21  last section.

22               THE SECRETARY:   Section 2.  This 

23  act shall take effect immediately.

24               ACTING PRESIDENT GRIFFO:   Call the 

25  roll.

                                                               5177

 1               (The Secretary called the roll.)

 2               THE SECRETARY:   Ayes, 57.  Nays, 

 3  3.  Senators Avella, Krueger and Squadron 

 4  recorded in the negative.

 5               ACTING PRESIDENT GRIFFO:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  1506, by Senator Skelos, Senate Print 7672, an 

 9  act to amend the Local Finance Law.

10               ACTING PRESIDENT GRIFFO:   There is 

11  a home-rule message at the desk.

12               Read the last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect immediately.

15               ACTING PRESIDENT GRIFFO:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 58.  Nays, 

19  2.  Senators Avella and Krueger recorded in the 

20  negative.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               THE SECRETARY:   In relation to 

24  Calendar Number 1507, Senator Hannon moves to 

25  discharge, from the Committee on Rules, Assembly 

                                                               5178

 1  Bill Number 10690 and substitute it for the 

 2  identical Senate Bill Number 7713, Third Reading 

 3  Calendar 1507.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  substitution is so ordered.

 6               The Secretary will read.

 7               THE SECRETARY:   Calendar Number 

 8  1507, by the Assembly Committee on Rules, 

 9  Assembly Print 10690, an act to amend Chapter 401 

10  of the Laws of 2002.

11               ACTING PRESIDENT GRIFFO:   Read the 

12  last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect immediately.

15               ACTING PRESIDENT GRIFFO:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 60.

19               ACTING PRESIDENT GRIFFO:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  1508, by Senator Hannon, Senate Print 7774, an 

23  act to amend the Real Property Tax Law.

24               ACTING PRESIDENT GRIFFO:   Read the 

25  last section.

                                                               5179

 1               THE SECRETARY:   Section 7.  This 

 2  act shall take effect January 3, 2013.

 3               ACTING PRESIDENT GRIFFO:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   Ayes, 60.

 7               ACTING PRESIDENT GRIFFO:   The bill 

 8  is passed.

 9               THE SECRETARY:   Calendar Number 

10  1509, by Senator Golden, Senate Print 7804 --

11               SENATOR LIBOUS:   Mr. President, 

12  the bill is high.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is high and will be laid aside.

15               THE SECRETARY:   In relation to 

16  Calendar Number 1510, Senator Maziarz moves to 

17  discharge, from the Committee on Finance, 

18  Assembly Bill Number 6114C and substitute it for 

19  the identical Senate Bill Number 3872C, Third 

20  Reading Calendar 1510.

21               ACTING PRESIDENT GRIFFO:   The 

22  substitution is so ordered.

23               The Secretary will read.

24               THE SECRETARY:   Calendar Number 

25  1510, by Member of the Assembly Hevesi --

                                                               5180

 1               SENATOR LIBOUS:   Lay it aside 

 2  temporarily.

 3               ACTING PRESIDENT GRIFFO:   Lay the 

 4  bill aside temporarily.

 5               THE SECRETARY:   In relation to 

 6  Calendar Number 1511, Senator Nozzolio moves to 

 7  discharge, from the Committee on Rules, Assembly 

 8  Bill Number 5095 and substitute it for the 

 9  identical Senate Bill Number 4912, Third Reading 

10  Calendar 1511.

11               ACTING PRESIDENT GRIFFO:   The 

12  substitution is so ordered.

13               The Secretary will read.

14               THE SECRETARY:   Calendar Number 

15  1511, by Member of the Assembly Oaks, Assembly 

16  Print Number 5095, an act to amend the Public 

17  Authorities Law.

18               ACTING PRESIDENT GRIFFO:   Read the 

19  last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT GRIFFO:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 60.

                                                               5181

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  1512, by Senator Grisanti, Senate Print 5228A, an 

 5  act to amend the Environmental Conservation Law.

 6               SENATOR LIBOUS:   Lay it aside 

 7  temporarily.

 8               ACTING PRESIDENT GRIFFO:   Lay the 

 9  bill aside temporarily.

10               THE SECRETARY:   Calendar Number 

11  1513, by Senator Golden, Senate Print 5313B, an 

12  act to amend the General Business Law.

13               ACTING PRESIDENT GRIFFO:   Read the 

14  last section.

15               THE SECRETARY:   Section 2.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT GRIFFO:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 59.  Nays, 

21  1.  Senator Little recorded in the negative.

22               ACTING PRESIDENT GRIFFO:   The bill 

23  is passed.

24               THE SECRETARY:   In relation to 

25  Calendar Number 1514, Senator Young moves to 

                                                               5182

 1  discharge, from the Committee on Corporations, 

 2  Authorities and Commissions, Assembly Bill Number 

 3  10048 and substitute it for the identical Senate 

 4  Bill Number 6898, Third Reading Calendar 1514.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  substitution is so ordered.

 7               The Secretary will read.

 8               THE SECRETARY:   Calendar Number 

 9  1514, by Member of the Assembly Jeffries, 

10  Assembly Print 10048, an act to amend Chapter 246 

11  of the Laws of 2010.

12               ACTING PRESIDENT GRIFFO:   Read the 

13  last section.

14               THE SECRETARY:   Section 2.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT GRIFFO:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 60.

20               ACTING PRESIDENT GRIFFO:   The bill 

21  is passed.

22               THE SECRETARY:   Calendar Number 

23  1515, by Senator Young, Senate Print 7147, an act 

24  to amend the Tax Law.

25               SENATOR LIBOUS:   Lay it aside 

                                                               5183

 1  temporarily.

 2               ACTING PRESIDENT GRIFFO:   Lay the 

 3  bill aside temporarily.

 4               THE SECRETARY:   Senator Grisanti 

 5  moves to discharge, from the Committee on Rules, 

 6  Assembly Bill Number 10519 and substitute it for 

 7  the identical Senate Bill Number 7525, Third 

 8  Reading Calendar 1516.

 9               ACTING PRESIDENT GRIFFO:   The 

10  substitution is so ordered.

11               The Secretary will read.

12               THE SECRETARY:   Calendar Number 

13  1516, by the Assembly Committee on Rules, 

14  Assembly Print 10519, an act to amend the 

15  Environmental Conservation Law.

16               ACTING PRESIDENT GRIFFO:   Read the 

17  last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Grisanti to explain his vote.

25               SENATOR GRISANTI:   Yes, thanks 

                                                               5184

 1  once again, Mr. President.

 2               My fellow colleagues, this is 

 3  much-needed legislation.  As we talked about 

 4  earlier, the EPF fund for the last couple of 

 5  years has stayed at a rate of $134 million.  We 

 6  need to increase that rate, and this bill does 

 7  just that.  It's a phase-in over the next six 

 8  years, and it adds funds received under the 

 9  Bottle Bill on a gradual and well-balanced 

10  schedule.  

11               It supports a wide variety of 

12  programs throughout the state and is something 

13  that is much-needed.  A study done this year 

14  shows there's a direct seven-to-one return on 

15  investments for this program.  It supports jobs 

16  and industries, it supports tourism, agriculture, 

17  and also helps to protect our drinking water.  

18               It's a very important piece of 

19  legislation.  I vote aye and urge all my 

20  colleagues to do the same.  

21               Thank you, Mr. President.  

22               ACTING PRESIDENT GRIFFO:   Senator 

23  Grisanti to be recorded in the affirmative.

24               Announce the results.

25               THE SECRETARY:   Ayes, 59.  Nays, 

                                                               5185

 1  1.  Senator Little recorded in the negative.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   In relation to 

 5  Calendar Number 1517, Senator Saland moves to 

 6  discharge, from the Committee on Rules, Assembly 

 7  Bill Number 10706 and substitute it for the 

 8  identical Senate Bill Number 7592A, Third Reading 

 9  Calendar 1517.

10               ACTING PRESIDENT GRIFFO:   The 

11  substitution is so ordered.

12               The Secretary will read.

13               THE SECRETARY:   Calendar Number 

14  1517, by the Assembly Committee on Rules, 

15  Assembly Print 10706, an act to amend Chapter 367  

16  of the Laws of 1999.

17               ACTING PRESIDENT GRIFFO:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect immediately.

21               ACTING PRESIDENT GRIFFO:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 59.  Nays, 

25  1.  Senator Seward recorded in the negative.

                                                               5186

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  1518, by Senator Martins, Senate Print 7641B, an 

 5  act to amend the Civil Practice Law and Rules.

 6               ACTING PRESIDENT GRIFFO:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 79.  This 

 9  act shall take effect on the 180th day.  

10               ACTING PRESIDENT GRIFFO:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               ACTING PRESIDENT GRIFFO:   Announce 

14  the results.

15               THE SECRETARY:   In relation to 

16  Calendar Number 1518, those recorded in the 

17  negative are Senators Ball, Bonacic, Griffo, 

18  Grisanti, Lanza, Larkin, Little, Maziarz, 

19  McDonald, O'Mara, Ranzenhofer, Ritchie, Saland, 

20  Seward, Valesky and Zeldin.

21               Ayes, 44.  Nays, 16.

22               ACTING PRESIDENT GRIFFO:   The bill 

23  is passed.

24               THE SECRETARY:   In relation to 

25  Calendar Number 1519, Senator Lanza moves to 

                                                               5187

 1  discharge, from the Committee on Rules, Assembly 

 2  Bill Number 10620 and substitute it for the 

 3  identical Senate Bill Number 7711, Third Reading 

 4  Calendar 1519.

 5               ACTING PRESIDENT GRIFFO:   It's 

 6  getting a little loud in the chamber.  Some 

 7  order, please.  {Gaveling.}

 8               SENATOR LIBOUS:   Lay it aside 

 9  temporarily.

10               ACTING PRESIDENT GRIFFO:   The 

11  substitution is so ordered.

12               The bill is laid aside temporarily.

13               THE SECRETARY:   Calendar Number 

14  1520, by Senator Maziarz, Senate Print 7743A, an 

15  act to amend the Public Service Law.

16               ACTING PRESIDENT GRIFFO:   Read the 

17  last section.

18               THE SECRETARY:   Section 4.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 60.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               5188

 1               THE SECRETARY:   Calendar Number 

 2  1521, by Senator Young, Senate Print 7767, an act 

 3  to require the Power Authority.

 4               ACTING PRESIDENT GRIFFO:   Read the 

 5  last section.

 6               THE SECRETARY:   Section 3.  This 

 7  act shall take effect immediately.

 8               ACTING PRESIDENT GRIFFO:   Call the 

 9  roll.

10               (The Secretary called the roll.)

11               ACTING PRESIDENT GRIFFO:   Senator 

12  Krueger to explain her vote.

13               SENATOR KRUEGER:   Very simply, the 

14  State of New York should not be subsidizing 

15  polluting, coal-burning energy generation.  

16               I vote no.  Thank you, 

17  Mr. President.

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Krueger to be recorded in the negative.  

20               Senator Maziarz to explain his 

21  vote.

22               SENATOR MAZIARZ:   Thank you very 

23  much.  Just briefly to explain my vote.  

24               I want to thank Senator Young for 

25  bringing forth this legislation.  This is 

                                                               5189

 1  excellent legislation.  It's going to save 

 2  hundreds of IBEW jobs in upstate New York, 

 3  particularly in the western part of the state.  

 4  It's going to help communities who have been 

 5  devastated by power plants that are either idle 

 6  or going offline with property taxes.  

 7               The potentials of this bill are all 

 8  positive, and they're all good.  And thank you, 

 9  Senator Young.  

10               I vote aye.

11               ACTING PRESIDENT GRIFFO:   Senator 

12  Maziarz to be recorded in the affirmative.

13               Senator Young to explain her vote.

14               SENATOR YOUNG:   Thank you, 

15  Mr. President.

16               This bill is an excellent piece of 

17  legislation.  Because what it does, it helps 

18  provide for a transition plan in New York State 

19  so that we can keep the power that we need to 

20  supply our homes and our businesses.  At the same 

21  time, we can focus on innovation, technology, 

22  green energy, repowering plants.  

23               And also the purchase power 

24  agreements that could be established with the 

25  New York Power Authority would have energy go to 

                                                               5190

 1  supply the Recharge New York program.  There are 

 2  about a thousand companies across New York State 

 3  that were interested in getting Recharge New York 

 4  benefits.  This would solve that issue.  It would 

 5  grow jobs.  It would preserve jobs in facilities 

 6  such as the one that's in my district.  

 7               So I thank the people who are 

 8  voting yes on this.  This really is a crucial 

 9  piece of legislation.  It's all about jobs, the 

10  economy, and a cleaner environment.  And so I 

11  proudly vote yes.  

12               Thank you.

13               ACTING PRESIDENT GRIFFO:   Senator 

14  Young to be recorded in the affirmative.

15               Senator Nozzolio to explain his 

16  vote.

17               SENATOR NOZZOLIO:   Thank you, 

18  Mr. President.  

19               I rise to thank my colleagues 

20  Senator Young and Senator Maziarz for their 

21  leadership in putting forth this legislation, 

22  legislation that's absolutely necessary as we 

23  begin a very important transition process.  

24               And this transition process, as 

25  required by the legislation, will ensure the 

                                                               5191

 1  focus be placed on the upstate economy, the 

 2  development of that economy, the creation of 

 3  jobs, and the continuation of our tax base.

 4               Those issues are all extremely 

 5  important to the taxpayers of this state, 

 6  especially the property taxpayers of this state, 

 7  and this analysis is absolutely essential.  And I 

 8  thank the sponsors for their support.  I was 

 9  pleased to support the measure as a sponsor and 

10  look forward to its enactment.

11               Thank you, Mr. President.

12               ACTING PRESIDENT GRIFFO:   Senator 

13  Nozzolio to be recorded in the affirmative.

14               Announce the results.

15               THE SECRETARY:   In relation to 

16  Calendar 1521, those recorded in the negative are 

17  Senators Addabbo, Avella, Ball, Dilan, Gianaris, 

18  Hassell-Thompson, Krueger, Montgomery, 

19  Oppenheimer, Peralta, Perkins, Rivera, Serrano, 

20  Squadron, Stavisky and Stewart-Cousins.  

21               Ayes, 44.  Nays, 16.

22               ACTING PRESIDENT GRIFFO:   The bill 

23  is passed.

24               THE SECRETARY:   In relation to 

25  Calendar Number 1522, Senator Skelos moves to 

                                                               5192

 1  discharge, from the Committee on Rules, Assembly 

 2  Bill Number 10593 and substitute it for the 

 3  identical Senate Bill Number 7788, Third Reading 

 4  Calendar 1522.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  substitution is so ordered.

 7               The Secretary will read.

 8               THE SECRETARY:   Calendar Number 

 9  1522, by the Assembly Committee on Rules, 

10  Assembly Print 10593, an act to amend Part H of 

11  Chapter 1 of the Laws of 2003.

12               SENATOR LIBOUS:   Lay that bill 

13  aside temporarily.

14               ACTING PRESIDENT GRIFFO:   Lay it 

15  aside temporarily.

16               THE SECRETARY:   Calendar Number 

17  1523, by Senator Maziarz, Senate Print 7789, an 

18  act directing the Power Authority.

19               ACTING PRESIDENT GRIFFO:   Read the 

20  last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               5193

 1               ACTING PRESIDENT GRIFFO:   Senator 

 2  Gianaris to explain his vote.

 3               SENATOR GIANARIS:   Thank you, 

 4  Mr. President.  

 5               I'm going to be voting against this 

 6  bill.  What this legislation does is purport to 

 7  have the Power Authority sell generators that 

 8  were placed throughout New York City over a 

 9  decade ago under the administration of 

10  Governor Pataki.  

11               At the time, I was serving in the 

12  Assembly, and I remember that the communities in 

13  which these facilities are located were promised 

14  that they would be temporary.  Obviously that's 

15  not been the case for the last decade.  

16               But to now suggest that we should 

17  sell them to private entities, meaning they would 

18  be permanently ensconced in our communities, 

19  that's something that would be a complete 

20  betrayal of what these neighborhoods were 

21  promised, and it would continue to contribute to 

22  the poor air quality and increased lung ailments 

23  that many of our communities experience.  

24               Without any safeguards that certain 

25  of these facilities would be moved, as promised, 

                                                               5194

 1  or closed, as promised, I cannot support this 

 2  legislation.  I'll be voting in the negative and 

 3  urge my colleagues to do the same.

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Gianaris to be recorded in the negative.

 6               Announce the results.  

 7               THE SECRETARY:   In relation to 

 8  Calendar 1523, those recorded in the negative are 

 9  Senators Addabbo, Avella, Ball, Gianaris, 

10  Hassell-Thompson, Krueger, Lanza, Perkins, 

11  Rivera, Serrano, Squadron, Stavisky and 

12  Stewart-Cousins.  

13               Ayes, 47.  Nays, 13.  

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is passed.

16               SENATOR LIBOUS:   Mr. President.

17               ACTING PRESIDENT GRIFFO:   Senator 

18  Libous.

19               SENATOR LIBOUS:   Can we go back to 

20  motions and resolutions, please.

21               ACTING PRESIDENT GRIFFO:   We most 

22  certainly can.  On motions and resolutions, 

23  Senator Libous.

24               SENATOR LIBOUS:   Thank you, 

25  Mr. President.  

                                                               5195

 1               At this time I would like to move 

 2  to adopt the Resolution Calendar that's before 

 3  us, with the exception of Resolution Number 5556.

 4               ACTING PRESIDENT GRIFFO:   All in 

 5  favor of adopting the Resolution Calendar, with 

 6  the exception of Resolution 5556, signify by 

 7  saying aye.

 8               (Response of "Aye.")

 9               ACTING PRESIDENT GRIFFO:   Opposed?

10               (No response.)

11               ACTING PRESIDENT GRIFFO:   The 

12  Resolution Calendar is adopted.

13               Senator Libous.  

14               SENATOR LIBOUS:   Thank you.  

15               I believe that Senator Maziarz has 

16  a resolution at the desk.  It is Number 5556.  He 

17  would like just the title read, and then could 

18  you please call on Senator Maziarz.

19               ACTING PRESIDENT GRIFFO:   The 

20  Secretary will read.

21               THE SECRETARY:   Legislative 

22  Resolution Number 5556, by Senator Maziarz, 

23  honoring Nikolas Wallenda for his accomplishments 

24  as an American high-wire artist, acrobat and 

25  daredevil.

                                                               5196

 1               (Loud reaction from Senators.)

 2               SENATOR LIBOUS:   Mr. President, 

 3  can we have some order on behalf of Nik Wallenda.

 4               ACTING PRESIDENT GRIFFO:   

 5  {Gaveling.}  It's a tightrope.

 6               (Laughter.)

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Maziarz.

 9               SENATOR MAZIARZ:   Thank you very 

10  much, Mr. President.  

11               I know there are very few 

12  resolutions that we could do at 6 o'clock on the 

13  last day of session, but this is certainly one.  

14               If you were watching last Friday 

15  night on ABC, or if you had the privilege of 

16  being in Niagara Falls, you saw an event that 

17  hadn't taken place in over 100 years.  

18               And I had the privilege of walking 

19  to the lift with Nik Wallenda, the lift that 

20  lifted him up to the wire when he stepped out on 

21  it.  And he said to me, as we walked out there, 

22  he said, "I fully understand that there are going 

23  to be two careers on this wire tonight."  And I 

24  said, "No, there were 61 other votes in the 

25  Senate, so there are a lot of careers on that 

                                                               5197

 1  wire."

 2               (Laughter.)

 3               SENATOR MAZIARZ:   But this event 

 4  that all of you voted for, every one of you voted 

 5  for -- and my colleagues Senator Grisanti was 

 6  there, Senator Gallivan was there in person -- 

 7  really brought a new life to the city of 

 8  Niagara Falls, a city that has gone through some 

 9  very, very difficult times.  Over 120,000 people 

10  were there in person.  Over 13 million people 

11  watched on ABC.  It was the highest-rated 

12  non-sports programming on ABC in over six years.

13               It made the people of Niagara Falls 

14  feel good about themselves and good about their 

15  city.  And we are going to work together and 

16  carry that momentum on.  Nik Wallenda and 

17  Niagara Falls are inextricably tied together now, 

18  forever.  And he is going to come back every 

19  season -- and not do a wire walk across the 

20  gorge, that can only be done once every century.  

21  But he's going to establish a presence there in 

22  Niagara Falls that's going to be good for all of 

23  us.  

24               And not any of it would have 

25  happened, and I said this in interview after 

                                                               5198

 1  interview, not any of it would have happened 

 2  without the unanimous support of the Senators in 

 3  this room.  Because we kicked it off, we did it.  

 4  When we did it, the Assembly said, "Well, we're 

 5  going to do it because, you know, the Governor 

 6  will never approve it."  And then the Governor 

 7  did approve it.  

 8               And the Governor approved it, he 

 9  took a leap of faith in the fact that this would 

10  help Niagara Falls.  And when we did it, the 

11  Canadian government didn't want to be left 

12  behind, so they did it.  And they thought 

13  certainly there will be bad weather or something 

14  like that.  They didn't realize that where he was 

15  going to walk, the weather is always bad.  

16               But thank each and every one of 

17  you.  And, Mr. President, I ask all of you to 

18  join me in supporting and signing onto this 

19  resolution.  Which Nik is going to visit here, 

20  this chamber, and thank us all personally.  

21  Obviously we won't be able to do that until 

22  sometime next year.  But thank you all very much.

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Little.

25               SENATOR LITTLE:   Thank you.  

                                                               5199

 1               As chair of the Tourism Committee, 

 2  I do want to commend Senator Maziarz and everyone 

 3  who voted for this and put this together.  

 4               One of the things that happens, I 

 5  think, when you watch a program -- and I did 

 6  watch it.  I think he made it look a lot easier 

 7  than I'm sure it was.  But you could see what an 

 8  enormous event it was for Niagara Falls.  

 9               And a thought went through my head, 

10  I haven't been to Niagara Falls in many, many 

11  years, I'd like to go again.  And hopefully 

12  people throughout the country had the same 

13  thought.  

14               And it will improve tourism in 

15  Niagara Falls and in all of New York State.  So 

16  thank you to everyone for their efforts.

17               ACTING PRESIDENT GRIFFO:   Senator 

18  Serrano.

19               SENATOR SERRANO:   Thank you very 

20  much, Mr. President.  

21               I also want to add my voice to the 

22  congratulations of Senator Maziarz for putting 

23  this together and making sure that it passed here 

24  in the Senate.  

25               I watched, as 13 million others did 

                                                               5200

 1  on television, and with my son and my wife and my 

 2  daughter.  And we were just riveted.  And I think 

 3  it was a very innovative program, because it was 

 4  the first time you're watching someone walk a 

 5  tightrope while giving an interview and 

 6  explaining what's going through his head.  And I 

 7  thought it was very innovative.  

 8               But I think most importantly, as 

 9  the Democratic ranking member on the Tourism 

10  Committee, as Senator Little said, this is a 

11  major boost to the Niagara Falls area.  And those 

12  of us who care about tourism, we care it about 

13  throughout the entire State of New York.  

14               And I think many people's 

15  recollections of what they thought Niagara Falls 

16  was, it's so much -- I think it's a new way of 

17  looking at it after that evening's programming, 

18  the way that it looked at night, all lit up and 

19  everything.  And I think people should rediscover 

20  Niagara Falls and go visit.  And I think it's a 

21  great boon for the economy in Western New York.  

22               Thank you.

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Kennedy.

25               SENATOR KENNEDY:   Thank you, 

                                                               5201

 1  Mr. President.  

 2               I too just want to, first and 

 3  foremost, reiterate everything that's already 

 4  been said.  

 5               You know, when Nik Wallenda walked 

 6  that wire, it was not just a feat of humankind, 

 7  it was a reminder of the beauty of humankind and 

 8  the beauty of the state that we live in, our 

 9  proximity to Canada, the beauty of Western 

10  New York.  

11               And quite frankly, as Senator 

12  Serrano and others have mentioned, a reminder of 

13  how beautiful Niagara Falls is and, quite 

14  frankly, that we have such an incredible, 

15  wonderful place to visit right here in the State 

16  of New York out in Western New York.  

17               While Senator Maziarz carried the 

18  bill in the Senate, we all voted on it, I know it 

19  was with great relief that Senator Maziarz saw 

20  that Nik Wallenda had that tether on him.  

21  Because we all knew that if he in fact fell, so 

22  in fact would have fallen the wonderful political 

23  career of Senator Maziarz.

24               (Laughter.)

25               SENATOR KENNEDY:   So with that, we 

                                                               5202

 1  want to congratulate Nik Wallenda, and look 

 2  forward to working with him in the future as he 

 3  continues to bring that feat and his greatness to 

 4  Western New York.  

 5               Thank you.  

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  Grisanti.

 8               SENATOR GRISANTI:   Yes, just 

 9  briefly, Mr. President.  

10               You know, I had the pleasure of 

11  witnessing this firsthand with my family.  And I 

12  would say the most touching moment is when, with 

13  my family and Nik's family, we all got together 

14  with some of his staff and they said a prayer.  

15  They had a pastor there, they said a prayer.  His 

16  son was very nervous.  His son actually said, 

17  "Dad, don't do it" -- when his son, who's 5 years 

18  old, actually does these walks himself.  Not at 

19  that great length, it's just from one sandbox to 

20  another.

21               But I'll tell you something.  He is 

22  such a humble individual that, you know, not only 

23  was it perfect for New York State, but it 

24  solidified the peace and the relationship we have 

25  between the United States and Canada.  Which is a 

                                                               5203

 1  perfect timing, because as you know, the War of 

 2  1812, it's 200 years of peace between New York 

 3  State, the United States, and Canada, and that 

 4  just solidified it.

 5               So, appreciate it, Mr. President, 

 6  and it was an excellent time.

 7               ACTING PRESIDENT GRIFFO:   Thank 

 8  you, Senator Grisanti.

 9               The question is on the resolution. 

10  All in favor signify by saying aye.

11               (Response of "Aye.")

12               ACTING PRESIDENT GRIFFO:   Opposed?

13               (No response.)

14               ACTING PRESIDENT GRIFFO:   The 

15  resolution is adopted.

16               Senator Libous.

17               SENATOR LIBOUS:   Mr. President, 

18  before, at Senator Maziarz's request, we open 

19  this up, Senator Maziarz, I would just ask -- 

20  through you, Mr. President -- when Nik Wallenda 

21  comes, Senator Maziarz, will you be walking the 

22  tightrope from one end of the gallery to the 

23  other?  

24               (Laughter.)

25               ACTING PRESIDENT GRIFFO:   Without 

                                                               5204

 1  objection?  

 2               (Laughter.)

 3               SENATOR LIBOUS:   I didn't think 

 4  so.

 5               (Laughter.)

 6               SENATOR LIBOUS:   Senator Maziarz, 

 7  Mr. President, would like to open this up to all 

 8  the members.  And certainly if someone for 

 9  whatever reason doesn't want to be on it, they 

10  could let the desk know.

11               ACTING PRESIDENT GRIFFO:   The 

12  resolution is open for cosponsorship.  If you 

13  choose not to be a cosponsor, please notify the 

14  desk.  

15               Senator Libous.  

16               SENATOR LIBOUS:   Mr. President, 

17  there are three privileged resolutions at the 

18  desk by Senator Skelos.  Could we take them up at 

19  this time.  

20               And I believe that Senator Flanagan 

21  will address the first one if there are any 

22  questions.

23               ACTING PRESIDENT GRIFFO:   The 

24  Secretary will read.

25               THE SECRETARY:   Senate Resolution, 

                                                               5205

 1  by Senator Skelos, establishing a plan setting 

 2  forth an itemized list of grantees for certain 

 3  appropriations in the 2012-2013 state fiscal 

 4  year.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  question is on the resolution.  All in favor 

 7  signify by saying aye.

 8               (Response of "Aye.")

 9               ACTING PRESIDENT GRIFFO:   Opposed?

10               (No response.)

11               ACTING PRESIDENT GRIFFO:   The 

12  resolution is adopted.

13               The Secretary will continue to 

14  read.

15               THE SECRETARY:   Senate Resolution, 

16  by Senator Skelos, establishing a plan setting 

17  forth an itemized list of grantees for a certain 

18  appropriation for the 2012-2013 state fiscal year 

19  for grants in aid for drug violence and crime 

20  control and prevention programs.

21               ACTING PRESIDENT GRIFFO:   All in 

22  favor signify by saying aye.

23               (Response of "Aye.")

24               ACTING PRESIDENT GRIFFO:   Opposed?

25               (No response.)

                                                               5206

 1               ACTING PRESIDENT GRIFFO:   The 

 2  resolution is adopted.

 3               The Secretary will continue to 

 4  read.

 5               THE SECRETARY:   Senate Resolution, 

 6  by Senator Skelos, amending Senate Resolutions 

 7  2697, 2698, 2699, 2700, 2701 and 2702 of 2011, 

 8  establishing a plan setting forth an itemized 

 9  list of grantees for the New York State Economic 

10  Development Assistance Program established 

11  pursuant to an appropriation in the 2008-2009 

12  state fiscal year and in Part QQ of Chapter 57 of 

13  the Laws of 2008 relating to such itemized list 

14  of grantees.

15               ACTING PRESIDENT GRIFFO:   The 

16  question is on the resolution before the house.  

17  All in favor say aye.

18               (Response of "Aye.")

19               ACTING PRESIDENT GRIFFO:   Opposed?

20               (No response.)

21               ACTING PRESIDENT GRIFFO:   The 

22  resolution is adopted.

23               SENATOR LIBOUS:   Mr. President.

24               ACTING PRESIDENT GRIFFO:   Senator 

25  Libous.

                                                               5207

 1               SENATOR LIBOUS:   As I said earlier 

 2  today, there are times that the Senate will have 

 3  to stand at pause.  And "pause" would mean that 

 4  we don't want to leave the chamber for a few 

 5  minutes.  Just give us a couple of seconds.  

 6  Procedurally here, there's some things that we're 

 7  waiting on.  

 8               So the Senate will be at pause.  

 9  That is different than being at ease, 

10  Mr. President.  When you're at ease, that means 

11  that members can go and do what they need to do 

12  in their offices or whatever.  But when we're at 

13  pause, it means I'm stalling until we find out 

14  what's going on next.

15               ACTING PRESIDENT GRIFFO:   Senator 

16  Libous, we will pause for a few minutes in order 

17  to accommodate your request.

18               SENATOR LIBOUS:   Counsel advises 

19  me it could be suspended animation.  

20               We do have more work to do this 

21  evening, and we want to get it done.  But 

22  unfortunately, procedurally it takes time to put 

23  some of these things together.  And it's very 

24  important that we get the hand-downs from the 

25  Assembly and do what we need to do.

                                                               5208

 1               So give us a minute, please.

 2               (Pause.)

 3               SENATOR LIBOUS:   Mr. President.  

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Libous.  

 6               SENATOR LIBOUS:   I said earlier 

 7  the Senate was at pause.  The Senate will now 

 8  stand at ease.  

 9               And I hope to come back in shortly 

10  and to let everybody know what the schedule will 

11  be for the remainder of the evening.

12               ACTING PRESIDENT GRIFFO:   The 

13  Senate stands temporarily at ease.

14               (Whereupon, the Senate stood at ease 

15  at 6:24 p.m.)

16               SENATOR LIBOUS:   Mr. President.

17               ACTING PRESIDENT GRIFFO:   Senator 

18  Libous.  

19               SENATOR LIBOUS:   Now that we've 

20  paused and stood at ease, I think Senator 

21  Hassell-Thompson might want to make an 

22  announcement.

23               SENATOR HASSELL-THOMPSON:   Thank 

24  you, Mr. President.  

25               There will be a meeting of the 

                                                               5209

 1  Democratic Conference at 7:00 p.m. in Room 315.

 2               ACTING PRESIDENT GRIFFO:   There 

 3  will be a meeting of the Democrat Conference in 

 4  Room 315 at 7:00 p.m.

 5               Senator Libous.

 6               SENATOR LIBOUS:   Mr. President, 

 7  there will be a meeting of the Rules Committee in 

 8  Room 332 at 7:30 p.m.

 9               ACTING PRESIDENT GRIFFO:   Rules 

10  Committee meeting promptly at 7:30 p.m. in 

11  Room 332.

12               The Senate will continue to stand 

13  at ease.

14               (Whereupon, the Senate reconvened at 

15  8:28 p.m.)

16               ACTING PRESIDENT GRIFFO:   The 

17  Senate will come to order.

18               Senator Libous.  

19               SENATOR LIBOUS:   Mr. President, if 

20  we could return to reports of standing 

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

22  Rules Committee at the desk.  Could we have it 

23  read at this time.

24               ACTING PRESIDENT GRIFFO:   Reports 

25  of standing committees.  

                                                               5210

 1               There is a report of the Rules 

 2  Committee at the desk.  The Secretary will read.

 3               THE SECRETARY:   Senator Skelos, 

 4  from the Committee on Rules, reports the 

 5  following bills:  

 6               Senate Print 618, by Senator Klein, 

 7  an act to amend the Penal Law; 

 8               2842, by Senator Klein, an act to 

 9  amend the Alcoholic Beverage Control Law; 

10               3134B, by Senator Grisanti, an act 

11  to amend the Criminal Procedure Law;

12               5054A, by Senator Lanza, an act to 

13  amend the Racing, Pari-Mutuel Wagering and 

14  Breeding Law;

15               5149F, by Senator Bonacic, an act 

16  to amend the Labor Law; 

17               6511A, by Senator Savino, an act to 

18  amend the Public Health Law; 

19               6868, by Senator Lanza, an act to 

20  amend the Racing, Pari-Mutuel Wagering and 

21  Breeding Law;

22               7015, by Senator Flanagan, an act 

23  to amend the Education Law;

24               7256A, by Senator McDonald, an act 

25  to amend the General Municipal Law;

                                                               5211

 1               7522A, by Senator Robach, an act to 

 2  amend the Education Law;

 3               7576A, by Senator Gallivan, an act 

 4  to amend the Executive Law;

 5               7719, by Senator LaValle, an act to 

 6  amend the Education Law; and

 7               7752, by Senator Rivera, an act to 

 8  amend the Insurance Law.

 9               All bills reported direct to third 

10  reading.

11               ACTING PRESIDENT GRIFFO:   Senator 

12  Libous.

13               SENATOR LIBOUS:   Thank you, 

14  Mr. President.

15               I move to accept the report of the 

16  Rules Committee.

17               ACTING PRESIDENT GRIFFO:   All in 

18  favor of accepting the Committee on Rules report 

19  say aye.

20               (Response of "Aye.")

21               ACTING PRESIDENT GRIFFO:   Opposed?

22               (No response.)

23               ACTING PRESIDENT GRIFFO:   The 

24  Rules Committee report is accepted.

25               Senator Libous.  

                                                               5212

 1               SENATOR LIBOUS:   Mr. President, at 

 2  this time could we go back to Supplemental 

 3  Calendar 61A.

 4               ACTING PRESIDENT GRIFFO:   We'll 

 5  return to Supplemental 61A.

 6               SENATOR LIBOUS:   Can we have the 

 7  noncontroversial reading of Calendar Number 1463.

 8               ACTING PRESIDENT GRIFFO:   We will 

 9  have the noncontroversial reading.  The Secretary 

10  will read.

11               THE SECRETARY:   Calendar Number 

12  1463, substituted earlier by Member of the 

13  Assembly Abbate, Assembly Print 8110, an act to 

14  amend the Civil Service Law.

15               ACTING PRESIDENT GRIFFO:   Read the 

16  last section.

17               THE SECRETARY:   Section 2.  This 

18  act shall take effect immediately.

19               ACTING PRESIDENT GRIFFO:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               ACTING PRESIDENT GRIFFO:   Announce 

23  the results.

24               THE SECRETARY:   Ayes, 59.  Nays, 

25  1.  Senator Kennedy recorded in the negative.

                                                               5213

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               Senator Libous.

 4               SENATOR LIBOUS:   Mr. President, 

 5  can we now take up the noncontroversial reading 

 6  of 1469 on that same calendar, which is 

 7  Supplemental 61A.

 8               ACTING PRESIDENT GRIFFO:   We're on 

 9  Supplemental Calendar 61A, Calendar Number 1469.  

10               The Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  1469, substituted earlier by Member of the 

13  Assembly Lopez, Assembly Print 10049, an act to 

14  amend Chapter 208 of the Laws of 2010.

15               ACTING PRESIDENT GRIFFO:   Read the 

16  last section.

17               THE SECRETARY:   Section 2.  This 

18  act shall take effect immediately.

19               ACTING PRESIDENT GRIFFO:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               ACTING PRESIDENT GRIFFO:   Announce 

23  the results.

24               THE SECRETARY:   Ayes, 60.

25               ACTING PRESIDENT GRIFFO:   The bill 

                                                               5214

 1  is passed.

 2               SENATOR LIBOUS:   Mr. President, at 

 3  this time if the members would follow with me, 

 4  Calendar Number 61B was the calendar we worked on 

 5  earlier today.

 6               ACTING PRESIDENT GRIFFO:    We are 

 7  returning to Calendar 61B.

 8               SENATOR LIBOUS:   And we're going 

 9  to go to the noncontroversial reading of 1510, by 

10  Senator Maziarz.

11               ACTING PRESIDENT GRIFFO:   The 

12  Secretary will read Calendar Number 1510.

13               THE SECRETARY:   Calendar Number 

14  1510, substituted earlier by Member of the 

15  Assembly Hevesi, Assembly Print 6114C, an act to 

16  amend the Public Authorities Law.

17               ACTING PRESIDENT GRIFFO:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect immediately.

21               ACTING PRESIDENT GRIFFO:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 59.  Nays, 

25  1.  Senator Martins recorded in the negative.

                                                               5215

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               Senator Libous.  

 4               SENATOR LIBOUS:   Thank you, 

 5  Mr. President.  

 6               We now are going to take up 

 7  Calendar Number 1512 on that same calendar.  

 8  We're still on Calendar 61B.

 9               ACTING PRESIDENT GRIFFO:   The 

10  Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  1512, by Senator Grisanti, Senate Print 5228A, an 

13  act to amend the Environmental Conservation Law.

14               ACTING PRESIDENT GRIFFO:   Read the 

15  last section.

16               THE SECRETARY:   Section 15.  This 

17  act shall take effect immediately.

18               ACTING PRESIDENT GRIFFO:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               ACTING PRESIDENT GRIFFO:   Senator 

22  Krueger to explain her vote.

23               SENATOR KRUEGER:   Thank you, 

24  Mr. President.

25               This is an enormously complex bill 

                                                               5216

 1  that would change the brownfields law.  It is 

 2  tonight a one-house bill, although I suppose 

 3  since technically the Assembly left already, it's 

 4  a one-house bill for the year.  

 5               There might be some good things in 

 6  it; there might be some terrible things in it.  

 7  We have no idea how much it would cost the 

 8  state.  

 9               And so even if I believe there were 

10  some changes that ought to be made to the 

11  Brownfields Tax Credit Program, this could not 

12  possibly be the right way to handle the situation 

13  or the right bill to pass at this late date, this 

14  late hour.  I am voting no.  

15               Thank you, Mr. President.

16               ACTING PRESIDENT GRIFFO:   Senator 

17  Krueger to be recorded in the negative.

18               Senator Grisanti to explain his 

19  vote.

20               SENATOR GRISANTI:   Yes, briefly, 

21  Mr. President, thank you.  

22               As my colleagues are aware, there 

23  was an extender that was passed earlier that 

24  matched in the Assembly of nine months.  

25               However, this bill -- and I want to 

                                                               5217

 1  thank Dean Skelos for bringing it to the floor on 

 2  my behalf -- is important because it gets the 

 3  conversation started that brownfields continue to 

 4  cause blight across this state.  Local economies 

 5  suffer contamination.  It's also a public health 

 6  threat.  

 7               So the brownfields law has worked 

 8  to an extent but needs improvement.  This is what 

 9  this does.  It provides clear, tighter statutory 

10  requirements.  And we need to move it forward.  

11               So I vote aye, Mr. President.  

12  Thank you very much.

13               ACTING PRESIDENT GRIFFO:   Senator 

14  Grisanti to be recorded in the affirmative.

15               Announce the results.

16               THE SECRETARY:   In relation to 

17  Calendar Number 1512, those recorded in the 

18  negative are Senators Addabbo, Avella, Ball, 

19  Breslin, Dilan, Duane, Gianaris, 

20  Hassell-Thompson, Krueger, LaValle, Montgomery, 

21  Parker, Peralta, Perkins, Rivera, Serrano, 

22  Squadron, Stavisky, and Stewart-Cousins.  

23               Ayes, 41.  Nays, 19.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               5218

 1               SENATOR LIBOUS:   Mr. President, 

 2  can we go to 1515, by Senator Young.

 3               ACTING PRESIDENT GRIFFO:   We're on 

 4  Calendar 61B.  The Secretary will read Calendar 

 5  Number 1515.

 6               THE SECRETARY:   Calendar Number 

 7  1515, by Senator Young, Senate Print 7147, an act 

 8  to amend the Tax Law.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 5.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 60.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is passed.

19               SENATOR LIBOUS:   Mr. President, 

20  1519, by Senator Lanza.

21               ACTING PRESIDENT GRIFFO:   The 

22  Secretary will read.

23               THE SECRETARY:   Calendar Number 

24  1519, substituted earlier by the Assembly 

25  Committee on Rules, Assembly Print 10620, an act 

                                                               5219

 1  to amend the Real Property Tax Law.

 2               ACTING PRESIDENT GRIFFO:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT GRIFFO:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 60.

10               ACTING PRESIDENT GRIFFO:   The bill 

11  is passed.

12               SENATOR LIBOUS:   Mr. President, 

13  we'll go to 1522, please.

14               ACTING PRESIDENT GRIFFO:   On 

15  Calendar 61B, the Secretary will read Number 

16  1522.

17               THE SECRETARY:   Calendar Number 

18  1522, substituted earlier by the Assembly 

19  Committee on Rules, Assembly Print 10593, an act 

20  to amend Part H of Chapter 1 of the Laws of 2003.

21               ACTING PRESIDENT GRIFFO:   Read the 

22  last section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT GRIFFO:   Call the 

                                                               5220

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 60.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  is passed.

 6               SENATOR LIBOUS:   Mr. President, at 

 7  this time can we go to the Senate Supplemental 

 8  Calendar 61C and have the noncontroversial 

 9  reading.

10               ACTING PRESIDENT GRIFFO:   Senate 

11  Supplemental Calendar 61C.  The Secretary will 

12  read.

13               THE SECRETARY:   Calendar Number 

14  1524, by Senator Klein, Senate Print 618, an act 

15  to amend the Penal Law.

16               ACTING PRESIDENT GRIFFO:   Read the 

17  last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               ACTING PRESIDENT GRIFFO:   Announce 

24  the results.

25               THE SECRETARY:   Ayes, 58.  Nays, 

                                                               5221

 1  2.  Senators Avella and Montgomery recorded in 

 2  the negative.

 3               ACTING PRESIDENT GRIFFO:   The bill 

 4  is passed.  

 5               The Secretary will continue to 

 6  read.

 7               THE SECRETARY:   Calendar Number 

 8  1525, by Senator Klein, Senate Print 2842, an act 

 9  to amend the Alcoholic Beverage Control Law.

10               ACTING PRESIDENT GRIFFO:   Read the 

11  last section.

12               THE SECRETARY:   Section 2.  This 

13  act shall take effect on the 30th day.

14               ACTING PRESIDENT GRIFFO:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               ACTING PRESIDENT GRIFFO:   Announce 

18  the results.

19               THE SECRETARY:   In relation to 

20  Calendar Number 1525, those recorded in the 

21  negative are Senators Dilan, Duane, Little, 

22  Montgomery, Parker and Perkins.

23               Ayes, 54.  Nays, 6.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               5222

 1               THE SECRETARY:   In relation to 

 2  Calendar Number 1526, Senator Grisanti moves to 

 3  discharge, from the Committee on Rules, Assembly 

 4  Bill Number 948B and substitute it for the 

 5  identical Senate Bill Number 3134B, Third Reading 

 6  Calendar 1526.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  substitution is so ordered.

 9               The Secretary will read.

10               THE SECRETARY:   Calendar Number 

11  1526, by Member of the Assembly Peoples-Stokes, 

12  Assembly Print 948B, an act to amend the Criminal 

13  Procedure Law.

14               ACTING PRESIDENT GRIFFO:   Read the 

15  last section.

16               THE SECRETARY:   Section 2.  This 

17  act shall take effect on the 180th day.

18               ACTING PRESIDENT GRIFFO:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   In relation to 

22  Calendar Number 1526, those recorded in the 

23  negative are Senators Dilan, Duane, 

24  Hassell-Thompson, Krueger, Montgomery, Perkins, 

25  Rivera.  Also Senator Parker.  

                                                               5223

 1               Ayes, 52.  Nays, 8.

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               THE SECRETARY:   In relation to 

 5  Calendar Number 1527, Senator Lanza moves to 

 6  discharge, from the Committee on Rules, Assembly 

 7  Bill Number 7301B and substitute it for the 

 8  identical Senate Bill Number 5054A, Third Reading 

 9  Calendar 1527.

10               ACTING PRESIDENT GRIFFO:   The 

11  substitution is so ordered.

12               The Secretary will read.

13               THE SECRETARY:   Calendar Number 

14  1527, by Member of the Assembly Pretlow, Assembly 

15  Print 7301B, an act to amend the Racing, 

16  Pari-Mutuel Wagering and Breeding Law.

17               ACTING PRESIDENT GRIFFO:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect immediately.

21               ACTING PRESIDENT GRIFFO:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   In relation to 

25  Calendar 1527, those recorded in the negative are 

                                                               5224

 1  Senators Ball, Bonacic, Duane, LaValle, Little, 

 2  Saland, Seward and Zeldin.  

 3               Ayes, 52.  Nays, 8.

 4               ACTING PRESIDENT GRIFFO:   The bill 

 5  is passed.  

 6               THE SECRETARY:   Calendar Number 

 7  1528, by Senator Bonacic, Senate Print 5149F, an 

 8  act to amend the Labor Law.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 4.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               ACTING PRESIDENT GRIFFO:   Announce 

17  the results.

18               THE SECRETARY:   In relation to 

19  Calendar Number 1528, those recorded in the 

20  negative are Senators DeFrancisco, Gallivan, 

21  Griffo, LaValle, Little, Marcellino, Maziarz, 

22  Nozzolio, O'Mara, Ranzenhofer, Saland, Seward and 

23  Zeldin.  

24               Ayes, 47.  Nays, 13.

25               ACTING PRESIDENT GRIFFO:   The bill 

                                                               5225

 1  is passed.

 2               THE SECRETARY:   In relation to 

 3  Calendar Number 1529, Senator Savino moves to 

 4  discharge, from the Committee on Rules, Assembly 

 5  Bill Number 9303A and substitute it for the 

 6  identical Senate Bill Number 6511A, Third Reading 

 7  Calendar 1529.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  substitution is so ordered.

10               The Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  1529, by Member of the Assembly Cahill, Assembly 

13  Print Number 9303A, an act to amend the Public 

14  Health Law.

15               ACTING PRESIDENT GRIFFO:   Read the 

16  last section.

17               THE SECRETARY:   Section 2.  This 

18  act shall take effect on the first day of the 

19  18th month after it shall have become a law.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 60.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is passed.

                                                               5226

 1               THE SECRETARY:   In relation to 

 2  Calendar Number 1530, Senator Lanza moves to 

 3  discharge, from the Committee on Rules, Assembly 

 4  Bill Number 9869 and substitute it for the 

 5  identical Senate Bill Number 6868, Third Reading 

 6  Calendar 1530.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  substitution is so ordered.

 9               The Secretary will read.

10               THE SECRETARY:   Calendar Number 

11  1530, by Member of the Assembly Abbate, Assembly 

12  Print Number 9869, an act to amend the Racing, 

13  Pari-Mutuel Wagering and Breeding Law.

14               ACTING PRESIDENT GRIFFO:   Read the 

15  last section.

16               THE SECRETARY:   Section 2.  This 

17  act shall take effect immediately.

18               ACTING PRESIDENT GRIFFO:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   In relation to 

22  Calendar Number 1530, those recorded in the 

23  negative are Senators Ball, Bonacic, Ranzenhofer 

24  and Saland.

25               Ayes, 56.  Nays, 4.

                                                               5227

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               THE SECRETARY:   In relation to 

 4  Calendar Number 1531, Senator Flanagan moves to 

 5  discharge, from the Committee on Finance, 

 6  Assembly Bill Number 9861 and substitute it for 

 7  the identical Senate Bill Number 7015, Third 

 8  Reading Calendar 1531.

 9               ACTING PRESIDENT GRIFFO:   The 

10  substitution is so ordered.

11               The Secretary will read.

12               THE SECRETARY:   Calendar Number 

13  1531, by Member of the Assembly Nolan, Assembly 

14  Print Number 9861, an act to amend the Education 

15  Law.

16               ACTING PRESIDENT GRIFFO:   Read the 

17  last section.

18               THE SECRETARY:   Section 2.  This 

19  act shall take effect on the first of July.

20               ACTING PRESIDENT GRIFFO:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 59.  Nays, 

24  1.  Senator Montgomery recorded in the negative.  

25               ACTING PRESIDENT GRIFFO:   The bill 

                                                               5228

 1  is passed.

 2               THE SECRETARY:   In relation to 

 3  Calendar Number 1532, Senator McDonald moves to 

 4  discharge, from the Committee on Rules, Assembly 

 5  Bill Number 9648A and substitute it for the 

 6  identical Senate Bill Number 7256A, Third Reading 

 7  Calendar 1532.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  substitution is so ordered.

10               The Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  1532, by Member of the Assembly Paulin, Assembly 

13  Print Number 9648A, an act to amend the General 

14  Municipal Law.

15               ACTING PRESIDENT GRIFFO:   Read the 

16  last section.

17               THE SECRETARY:   Section 2.  This 

18  act shall take effect immediately.

19               ACTING PRESIDENT GRIFFO:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 60.

23               ACTING PRESIDENT GRIFFO:   The bill 

24  is passed.

25               THE SECRETARY:   In relation to 

                                                               5229

 1  Calendar Number 1533, Senator Robach moves to 

 2  discharge, from the Committee on Rules, Assembly 

 3  Bill Number 10292A and substitute it for the 

 4  identical Senate Bill Number 7522A, Third Reading 

 5  Calendar 1533.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  substitution is so ordered.

 8               The Secretary will read.

 9               THE SECRETARY:   Calendar Number 

10  1533, by Member of the Assembly Arroyo, Assembly 

11  Print 10292A, an act to amend the Education Law.

12               ACTING PRESIDENT GRIFFO:   Read the 

13  last section.

14               THE SECRETARY:   Section 3.  This 

15  act shall take effect on the first of September.

16               ACTING PRESIDENT GRIFFO:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 58.  Nays, 

20  2.  Senators Ball and O'Mara recorded in the 

21  negative.

22               ACTING PRESIDENT GRIFFO:   The bill 

23  is passed.

24               THE SECRETARY:   Calendar Number 

25  1534, by Senator Gallivan, Senate Print 7576A, an 

                                                               5230

 1  act to amend the Executive Law.

 2               ACTING PRESIDENT GRIFFO:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect on the 60th day.

 6               ACTING PRESIDENT GRIFFO:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 58.  Nays, 

10  2.  Senators Krueger and Rivera recorded in the 

11  negative.

12               ACTING PRESIDENT GRIFFO:   The bill 

13  is passed.

14               THE SECRETARY:   Calendar Number 

15  1535, by Senator LaValle, Senate Print 7719, an 

16  act to amend the Education Law.

17               ACTING PRESIDENT GRIFFO:   Read the 

18  last section.

19               THE SECRETARY:   Section 4.  This 

20  act shall take effect on the first of November.

21               ACTING PRESIDENT GRIFFO:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               ACTING PRESIDENT GRIFFO:   Can I 

25  have some order in the chamber, please.

                                                               5231

 1               Senator LaValle to explain his 

 2  vote.

 3               SENATOR LaVALLE:   Thank you, 

 4  Mr. President.  Very briefly.  

 5               This bill is in response to the 

 6  security breakdown during SAT exams where there 

 7  was cheating by individuals hiring imposters to 

 8  take exams for them.  

 9               This bill probably, in terms of a 

10  committee process, was very, very thorough.  Two 

11  hearings, an open discussion that had almost 

12  every single member of the committee scoping out 

13  the kind of bill that they wanted to bring before 

14  this house, bringing the SAT and ACT people, 

15  College Board, before the committee for 

16  discussion, and then again a very thorough 

17  vetting by the committee.  

18               And the committee made decisions on 

19  whether they wanted penalties or not penalties.  

20  This is a bill that does not have penalties but 

21  addresses the major issues.  

22               And I would tell you, I'm very 

23  proud of the committee members and their 

24  participation, because this bill has the 

25  committee's imprint before it.  

                                                               5232

 1               I vote yes.  

 2               ACTING PRESIDENT GRIFFO:   Senator 

 3  LaValle to be recorded in the affirmative.

 4               Senator Stavisky to explain her 

 5  vote.

 6               I'm going to ask for some quiet in 

 7  the chamber, please.

 8               SENATOR STAVISKY:   Very briefly, 

 9  Mr. President, I participated in each of the 

10  hearings of the Higher Education Committee.  And 

11  I am happy to vote for this bill.  

12               I was not too pleased with the 

13  previous version, because I don't think making it 

14  a felony is a good way for someone -- I don't 

15  think this merits a felony record.

16               But on the other hand, this is all 

17  left out.  This is a good bill.  It really 

18  codifies what the SAT and ACT people agreed to 

19  verbally at the committee meetings.  

20               And I thank Senator LaValle for the 

21  work that he and his staff did on this bill.  It 

22  was an extensive job, and tonight it will bear 

23  fruit.

24               Thank you, Mr. President.

25               ACTING PRESIDENT GRIFFO:   Senator 

                                                               5233

 1  Stavisky to be recorded in the affirmative.

 2               Senator Martins to explain his 

 3  vote.

 4               SENATOR MARTINS:   Thank you, 

 5  Mr. President.

 6               You know, as we close out this 

 7  session, I think it's only appropriate that we 

 8  take a bill like this, which for all intents and 

 9  purposes is as close to a no-brainer as they come 

10  in this house.  I want to commend Senator LaValle 

11  for his hard work in putting this bill together.  

12               It makes sense.  If we want to 

13  protect the integrity of our SATs and how 

14  important these tests are for the best interests 

15  of our young adults going on to college, it makes 

16  sense to at least ensure that we have proper 

17  identification, we provide the proper framework 

18  within which we can protect the integrity of this 

19  test.  

20               Senator LaValle took the lead on 

21  this not only for New York State but nationwide, 

22  and I think that should be recognized.  He's been 

23  a wonderful leader when it comes to higher 

24  education.  This bill is his brainchild, and it 

25  took into consideration not only the input from 

                                                               5234

 1  our teachers, our principals and administrators, 

 2  but from SAT officials and the College Boards.  

 3               I'll be voting aye, but I want to 

 4  take the opportunity to commend Senator LaValle 

 5  on a great bill.  

 6               Thank you.

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Martins to be recorded in the affirmative.

 9               Announce the results.

10               THE SECRETARY:   Ayes, 60.

11               ACTING PRESIDENT GRIFFO:   The bill 

12  is passed.

13               THE SECRETARY:   In relation to 

14  Calendar Number 1536, Senator Rivera moves to 

15  discharge, from the Committee on Rules, Assembly 

16  Bill Number 10640B and substitute it for the 

17  identical Senate Bill Number 7752, Third Reading 

18  Calendar 1536.

19               ACTING PRESIDENT GRIFFO:   The 

20  substitution is so ordered.

21               SENATOR DeFRANCISCO:   Lay it 

22  aside -- just kidding.

23               (Laughter.)

24               ACTING PRESIDENT GRIFFO:   The 

25  substitution is so ordered.

                                                               5235

 1               The Secretary will read.

 2               THE SECRETARY:   Calendar Number 

 3  1536, by the Assembly Committee on Rules, 

 4  Assembly Print 10640B, an act to amend the 

 5  Insurance Law.

 6               ACTING PRESIDENT GRIFFO:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 6.  This 

 9  act shall take effect on the 90th day.

10               ACTING PRESIDENT GRIFFO:   Call the 

11  roll.  

12               (The Secretary called the roll.)

13               ACTING PRESIDENT GRIFFO:   Senator 

14  Rivera to explain his vote.

15               SENATOR RIVERA:   Thank you, 

16  Mr. President.  

17               I will give Senator DeFrancisco a 

18  second.  If you want to really do this, we can do 

19  this.

20               (Laughter.)

21               SENATOR RIVERA:   No, but thank 

22  you, Mr. President.

23               This is a bill that passed 

24  unanimously in this house last year and in the 

25  Assembly as well.  It was vetoed by the Governor 

                                                               5236

 1  because of some technical concerns.  

 2               And I'd like to thank both 

 3  Assemblymember Aubry, who is my sponsor in the 

 4  Assembly, as well as the Governor and the 

 5  Governor's staff for working diligently with us 

 6  over the last couple of months to address the 

 7  concerns.  

 8               But the intent of the bill is still 

 9  the same, and I'm very happy that we're voting on 

10  it today.  

11               What this bill does is that it 

12  authorizes and regulates charitable bail 

13  organizations across the State of New York, like 

14  the one in the Bronx that called the Bronx 

15  Freedom Fund.  This is a private revolving fund 

16  that is there to provide bail for the indigent 

17  and for first-time offenders.  

18               Just to give you an example of the 

19  type of situation that this type of bill can help 

20  us to assist in, there was a gentleman by the 

21  name of Oscar who was in the Bronx.  He visited 

22  his cousin in a NYCHA project, was arrested, went 

23  through a process, was put before a judge because 

24  the cops did not hear him when he was saying that 

25  he was visiting his cousin.  

                                                               5237

 1               The judge gave him $1,000 worth of 

 2  bail.  He could not afford that.  The Bronx 

 3  Freedom Fund posted the bail on his behalf.  A 

 4  couple of weeks later, he came back, the charges 

 5  were dropped.  

 6               In the three years that the pilot 

 7  program was working in the Bronx, 95 percent of 

 8  the individuals came back for every single court 

 9  date, and 54 percent of them got their charges 

10  dropped.

11               I believe that this a good, 

12  commonsensical bill.  It has been made better by 

13  the involvement of the Governor in making sure 

14  that we have a bill that can have this type of 

15  organization exist all over the State of New 

16  York.  

17               And I'm extremely happy to be 

18  voting for it today, and I thank my colleagues 

19  for voting for this bill as well.  I vote in the 

20  affirmative.  

21               Thank you, Mr. President.  

22               ACTING PRESIDENT GRIFFO:   Senator 

23  Rivera to be recorded in the affirmative.

24               Announce the results.

25               THE SECRETARY:   Ayes, 59.  Nays, 

                                                               5238

 1  1.  Senator Ball recorded in the negative 

 2               ACTING PRESIDENT GRIFFO:   The bill 

 3  is passed.

 4               Senator Libous, that will complete 

 5  the noncontroversial reading of Senate 

 6  Supplemental Calendar 61C.

 7               SENATOR LIBOUS:   Mr. President, 

 8  can we go to messages from the Assembly, please.

 9               ACTING PRESIDENT GRIFFO:   We will 

10  return to messages from the Assembly.

11               The chair hands down a message from 

12  the Assembly.  The Secretary will read.

13               THE SECRETARY:   The Assembly sent 

14  for concurrence the following bill.  On motion by 

15  Senator Skelos, the rules were suspended and said 

16  bill ordered to a third reading:  Assembly Bill 

17  10094B.

18               ACTING PRESIDENT GRIFFO:   The 

19  chair orders the bill to third reading.  The 

20  Secretary will read.

21               THE SECRETARY:   Calendar Number 

22  1537, by Member of the Assembly Russell, Assembly 

23  Print 10094B, an act to amend the Public Health 

24  Law.

25               ACTING PRESIDENT GRIFFO:   Read the 

                                                               5239

 1  last section.

 2               THE SECRETARY:   Section 2.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call the 

 5  roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 60.

 8               ACTING PRESIDENT GRIFFO:   The bill 

 9  is passed.

10               Senator Libous.  

11               SENATOR LIBOUS:   Mr. President, 

12  can we now take up the Supplemental Active List 

13  Number 5.

14               ACTING PRESIDENT GRIFFO:   We will 

15  take up Senate Supplemental Active List Number 5, 

16  and the Secretary will read.

17               THE SECRETARY:   On page 12, 

18  Senator Seward moves to discharge, from the 

19  Committee on Rules, Assembly Bill Number 9820A 

20  and substitute it for the identical Senate Bill 

21  Number 6738A, Third Reading Calendar 476.

22               ACTING PRESIDENT GRIFFO:   The 

23  substitution is so ordered.

24               The Secretary will read.

25               THE SECRETARY:   Calendar Number 

                                                               5240

 1  476, by Member of the Assembly Robinson, Assembly 

 2  Print 9820A, an act to amend the Banking Law.

 3               ACTING PRESIDENT GRIFFO:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 2.  This 

 6  act shall take effect immediately.

 7               ACTING PRESIDENT GRIFFO:   Call the 

 8  roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 60.

11               ACTING PRESIDENT GRIFFO:   The bill 

12  is passed.

13               THE SECRETARY:   On page 13, 

14  Senator Flanagan moves to discharge, from the 

15  Committee on Rules, Assembly Bill Number 6300B 

16  and substitute it for the identical Senate Bill 

17  Number 5691B, Third Reading Calendar 502.

18               ACTING PRESIDENT GRIFFO:   The 

19  substitution is so ordered.

20               The Secretary will read.

21               THE SECRETARY:   Calendar Number 

22  502, by Member of the Assembly Nolan, Assembly 

23  Print Number 6300B, an act to amend the Education 

24  Law.

25               SENATOR LIBOUS:   Mr. President, 

                                                               5241

 1  can we have a little order in the chamber.  I'd 

 2  like to hear what bills I'm voting on.  Thank 

 3  you.

 4               ACTING PRESIDENT GRIFFO:   Thank 

 5  you, Senator Libous.  

 6               Again, I will ask for order in the 

 7  chamber.

 8               The substitution is so ordered.

 9               The Secretary will read.

10               THE SECRETARY:   Calendar Number 

11  502, by Member of the Assembly Nolan, Assembly 

12  Print Number 6300B, an act to amend the Education 

13  Law.

14               ACTING PRESIDENT GRIFFO:   Read the 

15  last section.

16               THE SECRETARY:   Section 2.  This 

17  act shall take effect immediately.

18               ACTING PRESIDENT GRIFFO:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 60.

22               ACTING PRESIDENT GRIFFO:   The bill 

23  is passed.

24               THE SECRETARY:   On page 14, 

25  Senator Seward moves to discharge, from the 

                                                               5242

 1  Committee on Rules, Assembly Bill Number 9711B 

 2  and substitute it for the identical Senate Bill 

 3  Number 6810B, Third Reading Calendar 569.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  substitution is so ordered.

 6               The Secretary will read.

 7               THE SECRETARY:   Calendar Number 

 8  569, by Member of the Assembly Morelle, Assembly 

 9  Print Number 9711B, an act to amend the Insurance 

10  Law.

11               ACTING PRESIDENT GRIFFO:   The 

12  Secretary will read the last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect immediately.

15               ACTING PRESIDENT GRIFFO:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 60.

19               ACTING PRESIDENT GRIFFO:   The bill 

20  is passed.

21               THE SECRETARY:   On page 16, 

22  Senator Flanagan moves to discharge, from the 

23  Committee on Rules, Assembly Bill Number 7216A 

24  and substitute it for the identical Senate Bill 

25  Number 5510A, Third Reading Calendar 638.

                                                               5243

 1               ACTING PRESIDENT GRIFFO:   The 

 2  substitution is so ordered.

 3               The Secretary will read.

 4               THE SECRETARY:   Calendar Number 

 5  638, by Member of the Assembly Benedetto, 

 6  Assembly Print Number 7216A, an act to amend the 

 7  Education Law.

 8               ACTING PRESIDENT GRIFFO:   Read the 

 9  last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect immediately.

12               ACTING PRESIDENT GRIFFO:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 60.

16               ACTING PRESIDENT GRIFFO:   The bill 

17  is passed.

18               THE SECRETARY:   On page 23, 

19  Senator Oppenheimer moves to discharge, from the 

20  Committee on Rules, Assembly Bill Number 8556C 

21  and substitute it for the identical Senate Bill 

22  Number 5902B, Third Reading Calendar 856.

23               ACTING PRESIDENT GRIFFO:   The 

24  substitution is so ordered.

25               The Secretary will read.

                                                               5244

 1               THE SECRETARY:   Calendar Number 

 2  856, by Member of the Assembly Latimer, Assembly 

 3  Print Number 8556C, an act to amend Chapter 89 of 

 4  the Laws of 2009.

 5               ACTING PRESIDENT GRIFFO:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT GRIFFO:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 59.  Nays, 

13  1.  Senator Ball recorded in the negative.

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is passed.

16               THE SECRETARY:   On page 23, 

17  Senator Oppenheimer moves to discharge, from the 

18  Committee on Rules, Assembly Bill Number 8555A 

19  and substitute it for the identical Senate Bill 

20  Number 5903, Third Reading Calendar 857.

21               ACTING PRESIDENT GRIFFO:   The 

22  substitution is so ordered.  

23               There is a home-rule message at the 

24  desk.

25               The Secretary will read.

                                                               5245

 1               THE SECRETARY:   Calendar Number 

 2  857, by Member of the Assembly Latimer, Assembly 

 3  Print Number 8555A, an act to amend Chapter 88 of 

 4  the Laws of 2009.

 5               ACTING PRESIDENT GRIFFO:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT GRIFFO:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               ACTING PRESIDENT GRIFFO:   Senator 

13  Martins to explain his vote.

14               SENATOR MARTINS:   I just want to 

15  take the opportunity, since we are all here, and 

16  since this is in all likelihood Senator 

17  Oppenheimer's final bill, to truly tell you that 

18  I've enjoyed the last two years.  We've shared 

19  committees together.  

20               And, Senator Oppenheimer, God bless 

21  you, Godspeed.  

22               (Extended standing ovation.)  

23               SENATOR OPPENHEIMER:   We have come 

24  out of the same experiences, being mayors, so we 

25  have certainly forged a friendship around that.  

                                                               5246

 1  And I thank you, Jack.  

 2               And, you know, people ask me am I 

 3  going to miss this place.  And I'd answer I 

 4  didn't know.  I don't think so.  I don't think 

 5  I'll miss the place; I think I'll miss many of 

 6  the people on both sides of the aisle.  

 7               Yeah, my buddies in the house, 

 8  they're all grinning.  You know, we share a 

 9  house.  There's six Senators in an 

10  eight-apartment co-op, and we've all become close 

11  through the years because we've lived there for, 

12  gosh, maybe 20 years together and helped each 

13  other out when we needed help.  Our illustrious 

14  counsel, who saved us all kinds of money, John 

15  DeFrancisco.  He got our assessment reduced and 

16  other wonderful things.

17               (Laughter.)

18               SENATOR OPPENHEIMER:   And George 

19  Maziarz with his vacuum, after I messed up the 

20  hallway.  There's just many funny stories with 

21  all of you.  

22               And my dear colleagues on this side 

23  of the aisle.  And some of you are newer friends, 

24  and some have been friends for many, many years 

25  now.  

                                                               5247

 1               So there's no question I will miss 

 2  the people.  But I'll be back to haunt you.

 3               (Laughter.)

 4               SENATOR OPPENHEIMER:   I've already 

 5  gone on the Audubon New York board, stewardship 

 6  board, so I'll be here on my environmental 

 7  messages.  

 8               And I hope that some of you will 

 9  also take up the plight of the school boards.  I 

10  know a lot of you folks laugh at me for being 

11  such a school board advocate, but you must 

12  remember that's what I'm out of, as well as the 

13  League of Women Voters.  

14               And so between environment -- I 

15  hope all of you will keep considering that -- and 

16  considering all sides in the school issue.  Not 

17  just the teachers, which are so important to us, 

18  but also the principals, who are even equally 

19  important, if not more.  And then of course the 

20  school boards, who try to run our schools as 

21  efficiently as possible.  And of course let's not 

22  forget the women's issues.  

23               So I leave that up to all of you.  

24  You're very bright, you're very dedicated, and I 

25  know you'll do right by all those issues.

                                                               5248

 1               So thank you so much.  You really 

 2  had me near tears.  But I appreciate so much all 

 3  of you.  Thanks.

 4               (Applause.)

 5               ACTING PRESIDENT GRIFFO:   Senator 

 6  Libous.

 7               SENATOR LIBOUS:   Mr. President, 

 8  how did Senator Oppenheimer vote on that bill?  

 9               (Laughter.)

10               ACTING PRESIDENT GRIFFO:   Announce 

11  the results.

12               THE SECRETARY:   Ayes, 59.  Nays, 

13  1.  Senator Ball recorded in the negative.

14               (Booing; catcalls.)

15               ACTING PRESIDENT GRIFFO:   The bill 

16  is passed.  

17               (Laughter.)

18               ACTING PRESIDENT GRIFFO:   The 

19  Secretary will continue to read.

20               THE SECRETARY:   On page 24, 

21  Senator Stewart-Cousins moves to discharge, from 

22  the Committee on Rules, Assembly Bill Number 

23  10015 and substitute it for the identical Senate 

24  Bill Number 3905, Third Reading Calendar 902.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               5249

 1  substitution is so ordered.

 2               There is a home-rule message at the 

 3  desk.

 4               The Secretary will read.

 5               THE SECRETARY:   Calendar Number 

 6  902, by Member of the Assembly Mayer, Assembly 

 7  Print Number 10015, an act to amend the General 

 8  Municipal Law.

 9               ACTING PRESIDENT GRIFFO:   Read the 

10  last section.

11               THE SECRETARY:   Section 2.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT GRIFFO:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 59.  Nays, 

17  1.  Senator Ball recorded in the negative.

18               ACTING PRESIDENT GRIFFO:   The bill 

19  is passed.

20               THE SECRETARY:   On page 28, 

21  Senator Golden moves to discharge, from the 

22  Committee on Civil Service and Pensions, Assembly 

23  Bill Number 7780B and substitute it for the 

24  identical Senate Bill Number 7443, Third Reading 

25  Calendar 1015.

                                                               5250

 1               ACTING PRESIDENT GRIFFO:   The 

 2  substitution is so ordered.

 3               The Secretary will read.

 4               THE SECRETARY:   Calendar Number 

 5  1015, by Member of the Assembly Abbate, Assembly 

 6  Print Number 7780B, an act to amend the Civil 

 7  Service Law.

 8               ACTING PRESIDENT GRIFFO:   Read the 

 9  last section.

10               THE SECRETARY:   Section 2.  This 

11  act shall take effect immediately.

12               ACTING PRESIDENT GRIFFO:   Call the 

13  roll.

14               (The Secretary called the roll.)

15               THE SECRETARY:   Ayes, 60.

16               ACTING PRESIDENT GRIFFO:   The bill 

17  is passed.

18               THE SECRETARY:   Calendar Number 

19  1038, by Senator Grisanti, Senate Print 4345C, an 

20  act to amend the Environmental Conservation Law.

21               ACTING PRESIDENT GRIFFO:   Read the 

22  last section.

23               THE SECRETARY:   Section 13.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT GRIFFO:   Call the 

                                                               5251

 1  roll.

 2               (The Secretary called the roll.)

 3               ACTING PRESIDENT GRIFFO:   Senator 

 4  Grisanti to explain his vote.

 5               SENATOR GRISANTI:   Mr. President, 

 6  as we saw here tonight, we've had a flurry of 

 7  environmental bills.  A lot of them had 

 8  controversy; a lot of them had controversies 

 9  taken care of with a lot of support.  In 

10  particular, this one, the mercury thermostat 

11  bill, from NYPIRG, Environmental Advocates, NEMA, 

12  Covanta Energy and many others.  

13               But, you know -- and this is 

14  something we take for granted -- it could not 

15  have been done without the staff from the 

16  conference, and the staff that I have, and 

17  counsel.  And it's very important.  Because to 

18  get these bills through and to get negotiations 

19  started, it's important, because these are 

20  protections for the environment.  

21               This one, dealing with mercury, for 

22  those who don't know, we lag far behind other 

23  states.  There are over 300,000 mercury 

24  thermostats discarded each year, and we only 

25  collect 1.3 percent.  The rest of that is in 

                                                               5252

 1  landfills, it's getting into our water system, 

 2  and it's just destructive.  And it's dangerous -- 

 3  harmful to pregnant women, developing infants and 

 4  children.  

 5               So we need to take these things 

 6  seriously.  We need to have a program set up; 

 7  that's what this bill does, a statewide 

 8  collection goal.  To meet those goals, it 

 9  provides a system of shared responsibility among 

10  manufacturers, wholesalers and others which will 

11  they are properly disposed of after they're taken 

12  off the walls.  

13               So think about it.  These are 

14  important environment bills.  Senator Oppenheimer 

15  I know was on many of these bills.  And I 

16  appreciate the support and am looking forward to 

17  moving more of these in the future.  

18               I vote aye, Mr. President.

19               ACTING PRESIDENT GRIFFO:   Senator 

20  Grisanti to be recorded in the affirmative.

21               Announce the results.

22               THE SECRETARY:   Ayes, 56.  Nays, 

23  4.  Senators Griffo, Little, Ranzenhofer and 

24  Zeldin recorded in the negative.

25               ACTING PRESIDENT GRIFFO:   The bill 

                                                               5253

 1  is passed.

 2               THE SECRETARY:   On page 32, 

 3  Senator Young moves to discharge, from the 

 4  Committee on Rules, Assembly Bill Number 10304 

 5  and substitute it for the identical Senate Bill 

 6  Number 6948, Third Reading Calendar 1083.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  substitution is so ordered.

 9               The Secretary will read.

10               THE SECRETARY:   Calendar Number 

11  1083, by Member of the Assembly Goodell, Assembly 

12  Print Number 10304, an act to amend the Social 

13  Services Law.

14               ACTING PRESIDENT GRIFFO:   Read the 

15  last section.

16               THE SECRETARY:   Section 2.  This 

17  act shall take effect immediately.

18               ACTING PRESIDENT GRIFFO:   Call the 

19  roll.

20               (The Secretary called the roll.)

21               THE SECRETARY:   Ayes, 60.

22               ACTING PRESIDENT GRIFFO:   The bill 

23  is passed.

24               THE SECRETARY:   On page 32, 

25  Senator Griffo moves to discharge, from the 

                                                               5254

 1  Committee on Cities, Assembly Bill Number 7764 

 2  and substitute it for the identical Senate Bill 

 3  Number 5461, Third Reading Calendar 1086.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  substitution is so ordered.

 6               The Secretary will read.

 7               THE SECRETARY:   Calendar Number 

 8  1086, by Member of the Assembly Farrell, Assembly 

 9  Print Number 7764, an act to amend the 

10  Administrative Code of the City of New York.

11               ACTING PRESIDENT GRIFFO:   Read the 

12  last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect immediately.

15               ACTING PRESIDENT GRIFFO:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 60.

19               ACTING PRESIDENT GRIFFO:   The bill 

20  is passed.

21               THE SECRETARY:   Calendar Number 

22  1445, by Senator O'Mara, Senate Print 7734, an 

23  act to amend the Navigation Law.

24               ACTING PRESIDENT GRIFFO:   There is 

25  a home-rule message at the desk.

                                                               5255

 1               The Secretary will read the last 

 2  section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT GRIFFO:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 60.

 9               ACTING PRESIDENT GRIFFO:   The bill 

10  is passed.

11               THE SECRETARY:   Senator Libous 

12  moves to discharge, from the Committee on Rules, 

13  Assembly Bill Number 9293A and substitute it for 

14  the identical Senate Bill Number 7800, Third 

15  Reading Calendar 1453.

16               ACTING PRESIDENT GRIFFO:   The 

17  substitution is so ordered.

18               The Secretary will read.

19               THE SECRETARY:   Calendar Number 

20  1453, by Member of the Assembly Pretlow, Assembly 

21  Print Number 9293A, an act to amend the Education 

22  Law.

23               ACTING PRESIDENT GRIFFO:   Read the 

24  last section.

25               THE SECRETARY:   Section 6.  This 

                                                               5256

 1  act shall take effect 18 months after it shall 

 2  have become a law.

 3               ACTING PRESIDENT GRIFFO:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               THE SECRETARY:   In relation to 

 7  Calendar 1453, those recorded in the negative are 

 8  Senators Ball, DeFrancisco, Gallivan, Hannon, 

 9  Kennedy, Martins and Ranzenhofer.  

10               Ayes, 53.  Nays, 7.  

11               ACTING PRESIDENT GRIFFO:   The bill 

12  is passed.

13               THE SECRETARY:   Calendar Number 

14  1509, by Senator Golden, Senate Print 7804, an 

15  act to amend the Administrative Code of the City 

16  of New York.

17               ACTING PRESIDENT GRIFFO:   The bill 

18  is high.  The bill will be laid aside.  

19               Senator Libous, that completes the 

20  noncontroversial reading of New York Senate 

21  Supplemental Active List 5.

22               SENATOR LIBOUS:   Mr. President, 

23  before we get into remarks by the leaders and 

24  members, is there any other business at the desk 

25  to be cleaned up at this time?  

                                                               5257

 1               ACTING PRESIDENT GRIFFO:   One 

 2  minute, Senator Libous.

 3               SENATOR LIBOUS:   Mr. President.

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Libous.

 6               SENATOR LIBOUS:   I believe there's 

 7  an Assembly bill at the desk.  I move to 

 8  reconsider the substitution and have the Senate 

 9  bill restored to the Third Reading Calendar.  

10               ACTING PRESIDENT GRIFFO:   The 

11  Secretary will read.

12               THE SECRETARY:   Calendar Number 

13  289, by Member of the Assembly Magee, Assembly 

14  Print 8329A, an act to amend the Agriculture and 

15  Markets Law.

16               ACTING PRESIDENT GRIFFO:   So 

17  ordered.  The substitution is reconsidered and 

18  the bill is restored to the Third Reading 

19  Calendar.  

20               Senator Libous.  

21               SENATOR LIBOUS:   Thank you, 

22  Mr. President.  I now move to recommit the 

23  calendar.  

24               ACTING PRESIDENT GRIFFO:   So 

25  ordered, Senator Libous.  The calendar is 

                                                               5258

 1  recommitted.

 2               SENATOR LIBOUS:   Thank you, 

 3  Mr. President.  

 4               At this time would you please call 

 5  on Senator Tom Duane.

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  Duane.

 8               SENATOR DUANE:   Thank you, 

 9  Mr. President, and Senators Libous and Skelos.  

10  And Senators Sampson, Breslin, maybe you had a 

11  hand in this.  

12               I think by now most of you know 

13  that I am a person of strong convictions.  And I 

14  believe I have made them known to all of you.  I 

15  am proud to say that whether or not a bill had my 

16  name on it or didn't have my name on it, whether 

17  I was the sponsor or someone else sponsored it on 

18  my behalf, that there was never a bill that I 

19  cared about that was not passed without 

20  bipartisan support and without buy-in from people 

21  on both sides of the aisle.  

22               And what that meant was that 

23  working together, agreeing to compromise, I was 

24  able to convince people of the righteousness of 

25  some of the things that I believed in, and many 

                                                               5259

 1  of you were able to convince me of the 

 2  righteousness of what you believed.  

 3               And I always tried to think about 

 4  what it felt like to sit in your seat, to see how 

 5  the world looked from where you sit, and I 

 6  encourage you to do that.  Because the world does 

 7  in fact look different whether it's in Senator 

 8  Montgomery's district or my district or Senator 

 9  Maziarz's district.  The world looks different to 

10  us from where we sit, and we bring our own world 

11  experience to the table.

12               And when I first came here, the 

13  New York State Senate was the only agency in the 

14  state that didn't offer domestic partner 

15  benefits.  And I was able to change that.  And 

16  look how far we've come now.  And that's in a 

17  mere 14 years, just a blink in the infinity of 

18  time.

19               When I first came here, I spent so 

20  much time stopping horrible HIV bills.  Some of 

21  you veterans may remember that I was probably the 

22  first Senator to say "unprotected anal, oral and 

23  vaginal sex" on this very floor.  And sometimes I 

24  think those bills just didn't appear anymore 

25  because you didn't want me to say it anymore.

                                                               5260

 1               (Laughter.)

 2               SENATOR DUANE:   But whatever it 

 3  was, things have changed.  And working with many 

 4  members here, we did an amazing HIV Testing 

 5  Modernization Act and we got the New York State 

 6  Department of Health to go into correctional 

 7  facilities to make sure that incarcerated people 

 8  had access to the best possible protocols for 

 9  HIV/AIDS and hepatitis C.  And that's real 

10  progress.  And that's -- I'm very happy about 

11  that.  

12               And by the way, again, the vast 

13  majority of people in this body, my colleagues, 

14  voted for those bills.  And thank you.  Thank you 

15  for that.

16               I did get to fit it in one last 

17  time, though, did you notice?

18               (Laughter.)

19               SENATOR DUANE:   It was not really 

20  planned that way.

21               You know, the big-ticket item, I 

22  guess it will be part of what -- you know, my -- 

23  listen, I know it's a very D-list legacy.  But, 

24  you know, I know marriage is going to be the big 

25  thing.  But I am equally proud of the day when I 

                                                               5261

 1  was invited into the press conference of 

 2  Timothy's Law.  Because that really helps 

 3  people.  And the Second Chance for Victims of 

 4  Human and Sex Trafficking.  Just a very few 

 5  people, but it really helps them.  And the vast 

 6  majority of you voted for that one too.  

 7               And I've invited you to come to my 

 8  district, and many of you have.  And there was -- 

 9  Mr. President, your predecessor came to my 

10  district, and I showed him how a work-study 

11  internship worked in my district.  And he 

12  realized that -- I was able to help him to 

13  understand that we weren't doing anything 

14  special, we just weren't holding people back by 

15  not allowing them to get an education and real 

16  work experience for jobs that really exist.  And 

17  he liked it so much, he started one in his own 

18  county.

19               And I visited healthcare facilities 

20  around the state.  I'll never forget when I went 

21  to Syracuse.  And I saw Syracuse urban hospitals, 

22  and I saw Madison County rural hospitals and 

23  realized -- I kind of already knew it, but it was 

24  proof positive that rural New York State has the 

25  same issues as urban New York State and pockets 

                                                               5262

 1  of suburban New York State.  

 2               And so I encourage you all to do 

 3  that.  I think I have visited -- I would bet I 

 4  visited as many farms as any Senator here, dairy 

 5  farms and flower farms -- F-L-O-U-R and 

 6  F-L-O-W-E-R.  And so please enjoy not just 

 7  Duanesburg, but enjoy what all of our districts 

 8  have to offer, because it is an amazing and a 

 9  beautiful, wonderful state.

10               And I think what I -- the most 

11  personal legacies for those here are please treat 

12  your staffs and each other's staffs and central 

13  staffs and each individual Senator's staffs with 

14  dignity and respect, because they work incredibly 

15  hard and they do amazing work.  

16               And you know, they even -- I 

17  shouldn't say it this way.  Let me think how to 

18  say it.  Because I was going to say they make 

19  even me look good, but I don't want to say it 

20  that way.  They help us to be better Senators.  

21  They make us better Senators.  So they're 

22  amazing.  And they are overworked and underpaid.  

23               And my staff especially, here and 

24  in New York City, just amazing people that were 

25  willing to make enormous sacrifice to be a part 

                                                               5263

 1  of my strong convictions and help me in my own 

 2  small way to try to make New York State a better 

 3  place.

 4               And the most important idea I want 

 5  to convey to you is, please, treat each other 

 6  with the dignity and respect with which you would 

 7  like to be treated.  That would be the greatest 

 8  gift of all you could give to this not retiring 

 9  Senator, just moving on to another chapter 

10  Senator.  

11               And to the great times and the 

12  trials and the tribulations, you know, for this 

13  kid from Queens, with stuff, I got to serve as a 

14  New York State Senator.  Not everyone gets to 

15  achieve a dream like that.  

16               And I am thankful on so many 

17  levels.  And there are lots of people -- everyone 

18  in this room now has been a part of it, and there 

19  are many people who have been in this room over 

20  the past 14 years that have been a part of it.  

21  And from the deepest, most sincere possible 

22  place, thank you.  Thank you.

23               (Extended standing ovation.)

24               ACTING PRESIDENT GRIFFO:   Senator 

25  Libous.

                                                               5264

 1               SENATOR LIBOUS:   Mr. President, 

 2  would you please at this time call on Senator Jim 

 3  Alesi.

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Alesi.

 6               SENATOR ALESI:   Thank you, 

 7  Mr. President, my friends.  

 8               Earlier, maybe about an hour or so 

 9  ago, I was in my car.  I had left, and I thought 

10  probably that's the way I wanted to go, just 

11  quietly.  And then the real me emerged, I drove 

12  right around, parked my car out in front, and 

13  came back in.

14               I hadn't thought, really, about 

15  speaking at what feels like it's my own wake 

16  here.  You know?

17               (Laughter.)

18               SENATOR ALESI:   But in a way it 

19  is.  It is.  

20               You don't get to do that, 

21  obviously, when you're really gone.  But I 

22  thought, I've been to two funerals in the last 

23  couple of days and a third one when I get home, 

24  so you start to put things in perspective, how 

25  much things mean to you in real life and what 

                                                               5265

 1  seeps out of our political life, what goes 

 2  through the sieve of politics in the Senate.  

 3               And the real-life part actually 

 4  does, once in a while, tap us on the shoulder and 

 5  you see the value not only of the things that 

 6  we've done at home politically, here politically, 

 7  but how we have touched the lives of people that 

 8  we'll never meet, the lives of people that we 

 9  would never expect to have touched.  

10               Last year for me was probably the 

11  biggest year I could have had personally, 

12  politically.  This year I knew I was on the glide 

13  path.  And I hadn't thought about this as a 

14  political wake, but in a way, as I said, it's the 

15  only time you get to say the things you wish you 

16  could say if you were really laid out.  

17               And I thought about it:  If I 

18  could, what would I say from the grave, you 

19  know?  What could I do if I were going to send a 

20  postcard?  I know what I'd say in a postcard:  

21  "Wish you were here."  

22               (Laughter.)

23               SENATOR ALESI:   Why not?  Or "Wish 

24  I weren't."  But either way.

25               You know, it was -- it's been, as a 

                                                               5266

 1  county legislator, an Assemblymember and a member 

 2  of the Senate, having been in the minority and 

 3  the majority, I can tell you we survived some 

 4  really rough times a couple of years ago.  And it 

 5  tested us not only as members of the Senate, it 

 6  tested us as human beings.  It tested us and it 

 7  will continue to test you and those that come 

 8  after all of us.  

 9               At the end of the day, how we 

10  relate to each other and, as Senator Duane said, 

11  how we treat each other is critically important 

12  to the survival of this fantastic institution 

13  that we've had the honor and privilege of serving 

14  in.  

15               And think about 62 of us having 

16  such influence over the lives of almost 

17  20 million people in our state.  And personally, 

18  I've seen now, in my career, Governor Pataki, 

19  Governor Spitzer, Governor Paterson, Governor 

20  Cuomo.  

21               I remember when Pataki came in and 

22  the Business Council called New York "the 

23  comeback state."  And then we all remember what 

24  happened in the meantime:  a roller-coaster 

25  ride.  

                                                               5267

 1               And now Andrew Cuomo is the 

 2  Governor, and we feel as though things have 

 3  turned around.  We're working well together.  

 4  We're showing mutual respect and friendship.  

 5               And yes, when it's time to throw 

 6  the grenades, you throw the grenades, if you're 

 7  on the other side, just as we did when we were on 

 8  the other side.  But when we're in the lounge 

 9  over here, the minute we walk through the door we 

10  become who we really are.  We become friends and, 

11  in some cases, admirers of each other.  

12               I am so awestruck by so many of 

13  you.  Democrats, Republicans, doesn't matter.  

14  And the things I've seen that people don't know 

15  about politicians, the human things that I have 

16  seen.  

17               I'll go across the whole room 

18  today, looking at all my friends.  The kids that 

19  sit behind us.  No more candy here; I'm all out.  

20  The sergeants.  For 17 years I've walked through 

21  those doors, that somebody holds the door for me, 

22  for you, for the staff members.  

23               People up at the front desk, the 

24  people in our offices, my staff -- they have all 

25  made us the successes that we are.  And they're 

                                                               5268

 1  the ones that hold us up when we fail.  They 

 2  stand with us.  They're our families.

 3               I think about the job and who could 

 4  want a job like this in their own minds and 

 5  imagine that someday you'd have the honor of 

 6  being a member of the Senate.  It really is kind 

 7  of hard to believe.  

 8               I operated a business most of my 

 9  life, and I was pretty good at it.  I think for 

10  the most part I've been pretty good at being a 

11  Senator.  Not perfect.  We all have moments in 

12  our careers or personal lives when we wish we 

13  could go back, but we don't get that chance.  So 

14  what we do is, as we're moving forward, we do a 

15  better job.  

16               And right now as I look at this 

17  Senate and I look at the way that this 

18  institution has recovered, we are doing a better 

19  job.  Individually, it's up to each one of us to 

20  do a better job.  And as I leave here, that's 

21  what I'll be striving to do.

22               But I don't know if my dream ever 

23  came true or if this is just something that 

24  happened.  I know when I was younger, in my early 

25  twenties, right after college, there was a job I 

                                                               5269

 1  desperately wanted.  I found it in a magazine.  

 2  It was international travel, with all the 

 3  glamorous parts about international travel that 

 4  appeared to a young man that was 23 years old.  

 5               And so I filled out an application, 

 6  and it asked some basic questions.  And it said 

 7  "Are you fluent in Spanish?"  And I checked the 

 8  box that said "yes."  And I wish Senator Diaz 

 9  were here tonight.  All those years he would 

10  speak Spanish in front of me, never knew I 

11  understood every word.

12               (Laughter; applause.) 

13               SENATOR ALESI:   And I wish Ray 

14  would come out with the apple that I had ready, 

15  because, Senator Parker, I know you're big and 

16  strong -- and you'd see me take that apple in my 

17  hand, and I'd squeeze it and break it in half.  

18  And I know you can't do it.  

19               (Laughter.)

20               SENATOR ALESI:   And I know nobody 

21  else in this room can do it.  Unless they cut it 

22  into the core before I bring it out and break it 

23  open.  Now you know.

24               (Laughter.)

25               SENATOR ALESI:   But I went after 

                                                               5270

 1  this job, and I got the response to my 

 2  application.  And it asked some questions about 

 3  my health and some other things, and it said, 

 4  again, this is international travel and you must 

 5  be fluent in Spanish.  And I checked the box 

 6  "yes" again.  And I got an interview.  

 7               And when I arrived, the person that 

 8  interviewed me was very congenial.  We sat in an 

 9  office, and he started rattling off, and he's 

10  nodding at me and smiling.  And I nodded back at 

11  him, and I said "Sí."  And he was very pleased.  

12  And he said a few more things, and he nodded his 

13  head and smiled, and I said "Sí."  And he asked 

14  me something, and I looked at him and I got 

15  pensive, and I went "Sí."  

16               And he looked at me and he said in 

17  English, "You know that you have to speak Spanish 

18  to have this job."  Well, what else could I do?  

19  I said "Sí."  

20               He continued in English, and he 

21  said, "If you can speak Spanish fluently, then 

22  say something to me in Spanish, or else you can't 

23  have this job."  So I said it to him:  "Adiós."  

24               (Laughter; applause.)

25               SENATOR ALESI:   There just comes a 

                                                               5271

 1  time when you know, when you know, you have to 

 2  leave.  

 3               For me, it's here, it's now.  And 

 4  the right way to say it, as I know from my 

 5  studies, "adiós," is "a Dios," to God.  A Dios.  

 6  A Dios.

 7               (Extended standing ovation.)

 8               ACTING PRESIDENT GRIFFO:   Our 

 9  sincere best wishes for good health and happiness 

10  to Senators Alesi, Duane, and Oppenheimer.

11               For closing comments for the 2012 

12  session, I'll first call upon Democrat Leader 

13  John Sampson.  

14               Senator Sampson.  

15               SENATOR SAMPSON:   Thank you very 

16  much, Mr. President.  

17               I just really want to again say 

18  thank you to our esteemed colleagues, 

19  Senator Alesi, Senator Oppenheimer, and 

20  Senator Duane, for the phenomenal job that they 

21  have shown as true leaders here in the State of 

22  New York.  

23               You talk about being an elected 

24  official, but these individuals are true 

25  statespersons.  And I want to commend you for 

                                                               5272

 1  your commitment, your dedication, but most of all 

 2  your love for the people here in the State of 

 3  New York.  And once again, congratulations to all 

 4  three of you.

 5               (Applause.)

 6               SENATOR SAMPSON:   Also, before I 

 7  even get into remarks, I want to also -- and we 

 8  all need to extend congratulations to our 

 9  phenomenal staff, who have done a fantastic job 

10  during trying times.  And, you know, they are 

11  overworked and underpaid, but we truly do 

12  appreciate all the work that you have done on our 

13  behalf and also on behalf of the citizens of the 

14  State of New York.  

15               And I want to congratulate all 

16  staff members here this evening.  They deserve a 

17  round of applause.

18               (Applause.)

19               SENATOR SAMPSON:   Thank you very 

20  much, Mr. President.  And thank you to all my 

21  colleagues.  

22               And when I think about this 

23  legislative term, I think about a tale of two 

24  sessions.  And what I mean by that is, in 2011, 

25  we accomplished some amazing things.  We had some 

                                                               5273

 1  amazing progressive accomplishments such as 

 2  marriage equality, a property tax cap, renewed 

 3  and reformed rent regulations, a new tax code for 

 4  the State of New York, and an economic recovery 

 5  plan which helped create jobs, strengthen our 

 6  economy, and reduce unemployment in our most 

 7  vulnerable communities.  These are 

 8  accomplishments that were supported, long 

 9  supported by us, but most of all supported by 

10  everyone.  

11               But while I sit here today, at the 

12  end of this session, we see a different tale.  

13  And what I mean is yes, we passed an on-time 

14  budget.  Yes, we passed some important 

15  legislation like The Justice Center -- again, 

16  looking out for the most vulnerable.  Yes, we 

17  passed cyberbullying, helping to protect our 

18  children, because they deserve to be protected.  

19  Yes, we passed teacher evaluations, bringing 

20  accountability to our school systems and telling 

21  our parents that we have heard their cries.  

22               Yes, the trains seem to be running 

23  on time.  But, my colleagues, sometimes 

24  appearances are deceiving.  Left at the station 

25  are the hardworking people of New York.  

                                                               5274

 1               And what do I mean by that?  

 2  New York is a progressive state that looks out 

 3  for every single New Yorker.  Yes, this body in 

 4  one year has dramatically moved away from the 

 5  great progressive agenda that we passed last 

 6  year.  And what I'm talking about is when I look 

 7  at the way we failed to help over 1 million 

 8  hardworking New Yorkers to rise out of 

 9  bone-crushing poverty because of political 

10  posturing.  And what I mean is not raising the 

11  minimum wage.  

12               This is not a political issue, this 

13  is a moral issue.  Raising the minimum wage will 

14  put money in the pockets of low-income workers, 

15  provide a much-needed boost to local economies, 

16  and restore New York's standing as a leader on 

17  economic fairness.  

18               Yet this chamber voted against 

19  hardworking people and refused to raise the 

20  minimum wage despite the overwhelming statewide 

21  support.  But what is most disheartening to me is 

22  when I read an article in the paper this week 

23  that talked about giving legislators raises.  And 

24  do we deserve raises?  We do deserve raises, but 

25  we need to be talking about raising the minimum 

                                                               5275

 1  wage before we talk about legislative raises.

 2               My colleagues, this is not the only 

 3  failure.  Another failure is the ongoing attack 

 4  in the war we have seen against women throughout 

 5  this country.  And unfortunately, we have our 

 6  issues here, not only in New York State but here 

 7  in this chamber, by not really pushing 

 8  legislation that can crucially help women in 

 9  New York State.  Women are facing increased 

10  pressure and continued assault on their 

11  hard-fought rights for equality and reproductive 

12  health.  These actions have been spearheaded by a 

13  radical agenda that has no place here in New York 

14  State.

15               My colleagues, we also have failed 

16  to protect the air we breathe and the water we 

17  drink.  We have turned our backs on common-sense 

18  legislation to protect our environment.  I find 

19  it hard to believe that anyone in this chamber 

20  disagrees with the idea that before we allow 

21  companies to start drilling for gas and pumping 

22  chemicals near our watersheds we should conduct a 

23  study to understood the possible consequences.  

24               While there is no doubt we need to 

25  find new energy resources, we cannot afford to 

                                                               5276

 1  extract them while destroying our health.  We 

 2  don't want to wake up one morning saying we could 

 3  have, we should have, but we didn't, to avoid a 

 4  natural disaster.  We don't want a repeat of 

 5  Love Canal II.

 6               My colleagues, we have also failed 

 7  to bring government back to the people.  And what 

 8  I mean is that we have pushed for campaign 

 9  finance reform.  And the reason we push it is 

10  because we see the way big money, big donors play 

11  in pushing forth legislation not only here but 

12  throughout this country.  Our constituents 

13  deserve better.  

14               We have also failed when we talk 

15  about providing equal access to educational 

16  opportunities to all New Yorkers regardless of 

17  immigration status.  What we fail to realize is 

18  this country has been built on the backs of 

19  immigrants.  Every New Yorker deserves the same 

20  access to financial aid as they pursue a higher 

21  education.  It is not just the right thing to do, 

22  it is a smart way to ensure New York has a 

23  better-educated workforce in the future so we can 

24  compete in the global economy and allow our 

25  children to realize their dreams.

                                                               5277

 1               We have witnessed a failure with 

 2  respect to public safety when we talk about gun 

 3  violence.  We need to pass common-sense gun 

 4  control measures like microstamping.

 5               My colleagues, what it's come to 

 6  and what we have realized is the difference 

 7  between the privileged versus the people, the 

 8  haves versus the have-nots.  And this is how 

 9  everyday New Yorkers are feeling.  If they don't 

10  have enough money, if they can't hire the best 

11  lobbyists, they feel they're left out of 

12  government.  We have to do more to assure them 

13  that their voices are truly heard.  

14               This is about what we talk about a 

15  progressive agenda.  Because people are not 

16  concerned about party affiliations.  They're not 

17  concerned about a Democrat or Republican.  What 

18  they're concerned about is the ability to have 

19  hope, the ability to provide a future for their 

20  children.

21               We have had an opportunity, we have 

22  done phenomenal work, and we must continue to do 

23  phenomenal work as long as we're working 

24  together.  I want to thank the Governor, I want 

25  to thank Speaker Silver, and also I want to thank 

                                                               5278

 1  you, Senator Skelos.  You have provided an 

 2  opportunity for all of us to be all we can, and I 

 3  want to thank you for your commitment and 

 4  dedication, not only to your colleagues here but 

 5  also to the people of the State of New York.

 6               So, my colleagues, our work is far 

 7  from done.  We have a lot of work ahead of us.  

 8  But tonight is a night that we say thank you to 

 9  our staff, thank you to our colleagues, and thank 

10  you to our colleagues who are leaving the 

11  New York State Senate.  

12               This is a phenomenal chamber.  We 

13  have done great work.  But, my colleagues, people 

14  out there are watching us, because there is a lot 

15  of work left undone.

16               Thank you very much, everyone.  

17  Godspeed, and everyone have a great and wonderful 

18  summer.  Thank you very much, Mr. President.

19               (Applause.)

20               ACTING PRESIDENT GRIFFO:   We now 

21  recognize our Majority Leader, Senator Dean 

22  Skelos.

23               SENATOR SKELOS:   Thank you very 

24  much, Mr. President.  

25               Let me start off by wishing the 

                                                               5279

 1  best for our colleagues that are departing the 

 2  State Senate.  

 3               Senator Oppenheimer, you and I were 

 4  elected together, and I can't believe that we 

 5  just found out that you were living with George 

 6  Maziarz after all these years.

 7               (Laughter.)

 8               SENATOR SKELOS:   Tom Duane.  A 

 9  good friend, we've traveled together.  I think 

10  you've opened our minds a little bit.  And 

11  certainly you've served this chamber with great 

12  distinction.  

13               And I'll always consider you my 

14  friend.  Tom, thank you for your service.

15               And to my buddy, Jim Alesi.  It's 

16  very hard to say goodbye from the chamber to 

17  somebody you love and care so much about.  Jim 

18  has not only been my political ally, but he's 

19  also been my friend.  

20               Jimmy, I can't top the comments you 

21  made.  But if we lived by those words, if we 

22  reproduce them and read them every so often, this 

23  chamber truly will be a better place and, as 

24  individuals, we will be better people.  

25               So, Jimmy, I salute you for your 

                                                               5280

 1  great service also.

 2               (Applause.)

 3               SENATOR SKELOS:   Today we conclude 

 4  one of the most productive and orderly 

 5  legislative sessions that I've been part of.  

 6  Working with Governor Cuomo, we have built on the 

 7  record of accomplishment we started last year and 

 8  have continued to move New York forward.  

 9               New York State residents can be 

10  proud of a functioning state government.  We 

11  passed an early budget for the second year in a 

12  row, a budget that did not include any taxes, 

13  taxes of the past that hurt middle-income 

14  families to the tune of $14 billion and the 

15  elimination of the STAR rebate checks that so 

16  many people depended upon.  

17               We closed a deficit of nearly 

18  $3 billion, and we enacted new programs to create 

19  jobs in every part of the state.  

20               We enacted pension reform to ease 

21  the crunch on local governments and school 

22  districts.  We approved the takeover of the local 

23  share of Medicaid growth that will save our 

24  counties billions of dollars.  We set an example 

25  for spending restraint by reducing the Senate 

                                                               5281

 1  budget by millions of dollars.

 2               After three years of Senator 

 3  Lanza's and Senator Hannon's efforts, we passed 

 4  I-STOP and found a solution to help prevent 

 5  prescription drug abuse.

 6               Senator Saland led the charge to 

 7  approve legislation to protect the victims of 

 8  domestic violence.  

 9               With Senator McDonald's leadership, 

10  we acted boldly and urgently to create 

11  The Justice Center for people with special 

12  needs.  

13               It was Senator Golden in this house 

14  who provided the push to reach an agreement on 

15  legislation to prohibit the viewing of child 

16  pornography.  

17               We won passage of legislation to 

18  grow and expand the craft brewing industry in 

19  New York State, thanks to the efforts of 

20  Senators Zeldin, Ritchie and Griffo.  

21               And all of our members supported a 

22  measure to combat cyberbullying, a serious and 

23  growing problem.

24               All of these good things happened 

25  because Republicans in the Senate worked together 

                                                               5282

 1  with Governor Cuomo and the Assembly to make 

 2  Albany function again for the benefit of the 

 3  people.

 4               The Senate also approved our 

 5  New Jobs New York plan to help create thousands 

 6  of new private-sector jobs.  Even though we did 

 7  not have a partner in the Assembly to enact the 

 8  plan, we have a partner in the residents of 

 9  New York who understand the need to help 

10  businesses create jobs and to have public policy 

11  decisions that are made to create jobs and not to 

12  kill jobs.

13               That's why Senate Republicans will 

14  continue to fight to cut taxes as well as to 

15  provide property tax relief for homeowners, and 

16  why we will continue to work to help people 

17  afford the cost of college education and to 

18  relieve mandates that drive up costs for local 

19  governments and school districts.  

20               Over the last two years our 

21  priorities have been the people's priorities, and 

22  I'm proud to say that we have accomplished the 

23  vast majority of them.  That would not have been 

24  possible without the hard work of our members and 

25  all of the people who make the Senate operate so 

                                                               5283

 1  efficiently.  

 2               I want to start off by thanking the 

 3  Deputy Majority Leader, Senator Tom Libous, who 

 4  ran the floor operation and always made sure that 

 5  there was plenty of time for Senator Krueger to 

 6  ask questions.

 7               (Laughter.)

 8               SENATOR SKELOS:   I want to thank 

 9  Rebecca Wood, floor counsel, who had so many 

10  challenges in her own life.  And we see how, with 

11  the grace of God, her health is being restored.  

12  A young woman of strength, of character.  

13               And, Rebecca, we thank you very 

14  much.

15               (Applause.)

16               SENATOR SKELOS:   Senator John 

17  DeFrancisco, who has done such an outstanding job 

18  as chairman of our Finance Committee, who had to 

19  endure so many hearings.  

20               But he has really represented us so 

21  well on the floor, John, and I thank you for your 

22  hard work.  We appreciate it.

23               Senate Minority Leader John 

24  Sampson, for your cooperation.  You know, we all 

25  take credit for things that happen, but so many 

                                                               5284

 1  of our accomplishments this year were done on a 

 2  bipartisan basis.  And I thank you for your 

 3  friendship this year and for so many years.  

 4  John, I thank you.

 5               And to Senator Jeff Klein, 

 6  Independent Democrat Conference leader, for your 

 7  friendship and support.  Jeff, I thank you.

 8               Robert Mujica.  I don't know where 

 9  any of us would be, Republicans or Democrats, 

10  without the intellect, the focus, delivering our 

11  message, negotiating day and night, 24/7.  

12               Robert, I personally thank you.  I 

13  could not function as Majority Leader of this 

14  Senate chamber.  And I know you make all of our 

15  lives so much easier.  And I thank you, Robert 

16  Mujica.

17               (Applause.)

18               SENATOR SKELOS:   Our counsel, 

19  Diane Burman.  Now, what many of you may not 

20  know, when my son Adam was a little boy, Diane 

21  babysat for him back in Rockville Centre.  And 

22  she certainly has, and I say this in a most 

23  respectful way, has matured into an incredibly 

24  fine chief counsel.  

25               And, Diane, we all thank you for 

                                                               5285

 1  your good work.  Thank you, Diane.

 2               (Applause.)

 3               SENATOR SKELOS:   Now, Frank 

 4  Patience, our Secretary of the Senate.  Besides 

 5  saving the Senate and the taxpayers of the state 

 6  millions and millions of dollars, he's also made 

 7  sure that we've been well-fed.

 8               (Laughter.)

 9               SENATOR SKELOS:   So, Frank, I 

10  thank you for that.  

11               (Applause.)

12               ACTING PRESIDENT GRIFFO:   Tom 

13  Dunham, Director of Majority Operations, who has 

14  been at my side so for so many years, came to me 

15  as a young man.  He's worked so hard to make this 

16  a successful session.  

17               And, Tom, I thank you very much for 

18  your hard work.

19               (Applause.)

20               SENATOR SKELOS:   Kelli Cummings, 

21  Director of Communications, who so often says to 

22  me, "Why the heck did you say that?"

23               (Laughter.)

24               SENATOR SKELOS:   But she has made 

25  me look good.  She communicates our message in 

                                                               5286

 1  such a great way.  

 2               And, Kelli, I thank you very much 

 3  for your hard work.

 4               (Applause.)

 5               SENATOR SKELOS:   To all the 

 6  members of our Finance, Counsel, and 

 7  Communications staff, to everyone in Bill 

 8  Drafting, Senate Revision, the Document Room, and 

 9  to everyone in this chamber who works tirelessly 

10  to help us do our jobs, we say thank you to you.  

11               On behalf of myself and all of the 

12  members here, I know that we have had a historic 

13  year, and we thank you for making that possible.  

14               And as we conclude this session, we 

15  move from building our record to running on it.  

16  I wish all of my colleagues a great summer.  

17               To my Republican members, work hard 

18  in your district, meeting with your 

19  constituents.  And to my Democrat colleagues, if 

20  there's a convention you would like to go to, we 

21  will make sure that the Senate will take care of 

22  that.  

23               (Laughter.)

24               SENATOR SAMPSON:   Will you pay for 

25  it too?  If you want to pay for it, we'll go.

                                                               5287

 1               SENATOR SKELOS:   Only in the 

 2  state.

 3               (Laughter.)

 4               SENATOR SKELOS:   But again, thank 

 5  you to everybody, both Republicans, Democrats.  

 6  You have made this, I know personally for me, an 

 7  outstanding year.  You've made it an outstanding 

 8  two years for me as Majority Leader.  But even 

 9  more important, you've made it an outstanding, 

10  successful two years for the people of the State 

11  of New York.  

12               I look forward to joining with all 

13  of us again in 2013, if not sooner, as we 

14  continue to work so hard for the people of the 

15  State of New York.  

16               Thank you, and God bless you all.

17               (Standing ovation.)

18               SENATOR LIBOUS:   Mr. President, at 

19  this time I move that the Senate adjourn to the 

20  call of the Majority Leader and Temporary 

21  President, intervening days being legislative 

22  days.

23               ACTING PRESIDENT GRIFFO:  On 

24  motion, the Senate stands adjourned until the 

25  call of the Temporary President of the Senate, 

                                                               5288

 1  intervening days being legislative days.  

 2               Senate adjourned.

 3               (Whereupon, at 9:59 p.m., the Senate 

 4  adjourned.)

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