Regular Session - June 12, 2013

                                                                   3255

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 12, 2013

11                     12:27 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               3256

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   and join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   In the 

10   absence of clergy, I ask all present to please 

11   bow their heads in a moment of silent prayer and 

12   reflection.

13                (Whereupon, the assemblage 

14   respected a moment of silence.)

15                ACTING PRESIDENT GRIFFO:   The 

16   reading of the Journal.  

17                The Secretary will read.

18                THE SECRETARY:   In Senate, 

19   Tuesday, June 11th, the Senate met pursuant to 

20   adjournment.  The Journal of Monday, June 10th, 

21   was read and approved.  On motion, Senate 

22   adjourned.

23                ACTING PRESIDENT GRIFFO:   Without 

24   objection, the Journal stands approved as read.

25                Presentation of petitions.


                                                               3257

 1                Messages from the Assembly.

 2                The Secretary will read.

 3                THE SECRETARY:   On page 10, 

 4   Senator Stewart-Cousins moves to discharge, from 

 5   the Committee on Local Government, Assembly Bill 

 6   Number 3157 and substitute it for the identical 

 7   Senate Bill Number 3020, Third Reading Calendar 

 8   234.

 9                ACTING PRESIDENT GRIFFO:   The 

10   substitution is so ordered.

11                THE SECRETARY:   On page 15, 

12   Senator Golden moves to discharge, from the 

13   Committee on Civil Service and Pensions, 

14   Assembly Bill Number 5576B and substitute it for 

15   the identical Senate Bill Number 4257B, Third 

16   Reading Calendar 382.

17                ACTING PRESIDENT GRIFFO:   The 

18   substitution is so ordered.

19                THE SECRETARY:   On page 48, 

20   Senator Carlucci moves to discharge, from the 

21   Committee on Local Government, Assembly Bill 

22   Number 5676 and substitute it for the identical 

23   Senate Bill Number 4974, Third Reading Calendar 

24   1057.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               3258

 1   substitution is so ordered.

 2                THE SECRETARY:   On page 49, 

 3   Senator Parker moves to discharge, from the 

 4   Committee on Energy and Telecommunications, 

 5   Assembly Bill Number 6381A and substitute it for 

 6   the identical Senate Bill Number 4442A, Third 

 7   Reading Calendar 1079.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   substitution is so ordered.

10                THE SECRETARY:   On page 52, 

11   Senator Carlucci moves to discharge, from the 

12   Committee on Mental Health and Developmental 

13   Disabilities, Assembly Bill Number 6992A and 

14   substitute it for the identical Senate Bill 

15   Number 5098A, Third Reading Calendar 1134.

16                ACTING PRESIDENT GRIFFO:   The 

17   substitution is so ordered.

18                THE SECRETARY:   On page 54, 

19   Senator Nozzolio moves to discharge, from the 

20   Committee on Codes, Assembly Bill Number 7182 

21   and substitute it for the identical Senate Bill 

22   Number 4485, Third Reading Calendar 1159.

23                ACTING PRESIDENT GRIFFO:   The 

24   substitution is so ordered.

25                Could I have some order in the 


                                                               3259

 1   house, please.

 2                THE SECRETARY:   On page 56, Senator 

 3   Larkin moves to discharge, from the Committee on 

 4   Finance, Assembly Bill Number 2316B and 

 5   substitute it for the identical Senate Bill 

 6   Number 270B, Third Reading Calendar 1216.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   substitution is so ordered.

 9                THE SECRETARY:   On page 58, 

10   Senator Ball moves to discharge, from the 

11   Committee on Veterans, Homeland Security and 

12   Military Affairs, Assembly Bill Number 5890 and 

13   substitute it for the identical Senate Bill 

14   Number 2574, Third Reading Calendar 1241.

15                ACTING PRESIDENT GRIFFO:   The 

16   substitution is so ordered.

17                THE SECRETARY:   And on page 63, 

18   Senator Bonacic moves to discharge, from the 

19   Committee on Racing, Gaming and Wagering, 

20   Assembly Bill Number 6939 and substitute it for 

21   the identical Senate Bill Number 4750, Third 

22   Reading Calendar 1284.

23                ACTING PRESIDENT GRIFFO:   The 

24   substitution is so ordered.

25                Messages from the Governor.


                                                               3260

 1                Reports of standing committees.

 2                Reports of select committees.

 3                Communications and reports of state 

 4   officers.

 5                Motions and resolutions.

 6                Senator Fuschillo.

 7                SENATOR FUSCHILLO:   Mr. President, 

 8   on behalf of Senator Golden, I wish to call up 

 9   Senate Print Number 2098, recalled from the 

10   Assembly, which is now at the desk.

11                ACTING PRESIDENT GRIFFO:   The 

12   Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   194, by Senator Golden, Senate Print 2098, an act 

15   to amend the Penal Law.

16                SENATOR FUSCHILLO:   I now move to 

17   reconsider the vote by which the bill was passed.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll on reconsideration.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 57.

22                SENATOR FUSCHILLO:   I now offer the 

23   following amendments.

24                ACTING PRESIDENT GRIFFO:   The 

25   amendments are received.


                                                               3261

 1                SENATOR FUSCHILLO:   On behalf of 

 2   Senator Fuschillo, I wish to call up my bill, 

 3   Senate Print Number 780, recalled from the 

 4   Assembly, which is now at the desk.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Calendar Number 76, 

 8   by Senator Fuschillo, Senate Print 780, an act to 

 9   authorize.

10                SENATOR FUSCHILLO:   I now move to 

11   reconsider the vote by which the bill was passed.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll on reconsideration.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 57.

16                SENATOR FUSCHILLO:   I now offer the 

17   following amendments.

18                ACTING PRESIDENT GRIFFO:   The 

19   amendments are received.

20                May I have some order in the 

21   chamber, please.

22                SENATOR FUSCHILLO:   On behalf of 

23   Senator Skelos, I wish to call up Senate Print 

24   Number 4295, recalled from the Assembly, which is 

25   now at the desk.


                                                               3262

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Calendar Number 

 4   494, by Senator Skelos, Senate Print 4295, an act 

 5   to authorize.

 6                SENATOR FUSCHILLO:   I now move to 

 7   reconsider the vote by which the bill was passed.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll on reconsideration.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 57.

12                SENATOR FUSCHILLO:   I now offer the 

13   following amendments.

14                ACTING PRESIDENT GRIFFO:   The 

15   amendments are received.

16                SENATOR FUSCHILLO:   On behalf of 

17   Senator Klein, I wish to call up Senate Print 

18   Number 4101, recalled from the Assembly, which is 

19   now at the desk.

20                ACTING PRESIDENT GRIFFO:   The 

21   Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   401, Senator Klein, Senate Print 4101, an act to 

24   amend the Alcoholic Beverage Control Law.

25                SENATOR FUSCHILLO:   I now move to 


                                                               3263

 1   reconsider the vote by which this bill was 

 2   passed.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll on reconsideration.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 57.

 7                SENATOR FUSCHILLO:   I now offer the 

 8   following amendments.

 9                ACTING PRESIDENT GRIFFO:   The 

10   amendments are received.

11                SENATOR FUSCHILLO:   On behalf of 

12   Senator Felder, on page number 50 I offer the 

13   following amendments to Calendar Number 1097, 

14   Senate Print Number 5068, and ask that said bill 

15   retain its place on the order of Third Reading 

16   Calendar.

17                ACTING PRESIDENT GRIFFO:   The 

18   amendments are received, and the bill shall 

19   retain its place on third reading.

20                SENATOR FUSCHILLO:   On behalf of 

21   Senator Maziarz, on page number 11 I offer the 

22   following amendments to Calendar Number 282, 

23   Senate Print Number 1184, and ask that said bill 

24   retain its place on Third Reading Calendar.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               3264

 1   amendments are received, and the bill shall 

 2   retain its place on third reading.

 3                SENATOR FUSCHILLO:   On behalf of 

 4   Senator Grisanti, on page number 59 I offer the 

 5   following amendments to Calendar Number 1251, 

 6   Senate Print Number 3537B, and ask that said bill 

 7   retain its place on Third Reading Calendar.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   amendments are received, and the bill shall 

10   retain its place on third reading.

11                SENATOR FUSCHILLO:   On behalf of 

12   Senator Flanagan, on page number 63 I offer the 

13   following amendments to Calendar Number 1290, 

14   Senate Print Number 5253, and ask that said bill 

15   retain its place on Third Reading Calendar.

16                ACTING PRESIDENT GRIFFO:   The 

17   amendments are also received, and the bill shall 

18   retain its place on third reading.

19                Senator Fuschillo.

20                SENATOR FUSCHILLO:   Will you please 

21   recognize Senator Gianaris.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Gianaris.

24                SENATOR GIANARIS:   Mr. President, 

25   on behalf of Senator Kennedy, on page 46 I offer 


                                                               3265

 1   the following amendments to Calendar Number 1035, 

 2   Senate Print 5441, and ask that said bill retain 

 3   its place on Third Reading Calendar.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   amendments are received, and the bill shall 

 6   retain its place on third reading.

 7                SENATOR GIANARIS:   On behalf of 

 8   Senator Montgomery, on page 56 I offer the 

 9   following amendments to Calendar Number 1222, 

10   Senate Print 1410, and ask that said bill retain 

11   its place on Third Reading Calendar.

12                ACTING PRESIDENT GRIFFO:   The 

13   amendments are received, and the bill shall 

14   retain its place on third reading.

15                SENATOR GIANARIS:   And on behalf of 

16   the Reverend Senator Diaz, on page 7 I offer the 

17   following amendments to Calendar Number 143, 

18   Senate Print 311, and ask that said bill retain 

19   its place on Third Reading Calendar.

20                ACTING PRESIDENT GRIFFO:   The 

21   amendments are accepted, and the bill shall 

22   retain its place on third reading.

23                Senator Fuschillo.

24                SENATOR FUSCHILLO:   Mr. President, 

25   there will be an immediate meeting of the 


                                                               3266

 1   Veterans, Homeland Security and Military Affairs 

 2   Committee in Room 332, followed by a meeting of 

 3   the Finance Committee in Room 332.

 4                ACTING PRESIDENT GRIFFO:   There 

 5   will be an immediate meeting of the Veterans, 

 6   Homeland Security and Military Affairs Committee, 

 7   followed by the Finance Committee, in Room 332.

 8                SENATOR FUSCHILLO:   The Senate will 

 9   stand at ease.

10                ACTING PRESIDENT GRIFFO:   The 

11   Senate stands at ease.

12                (Whereupon, the Senate stood at ease 

13   at 12:34 p.m.)

14                (Whereupon, the Senate reconvened at 

15   1:03 p.m.)

16                ACTING PRESIDENT GRIFFO:   The 

17   Senate will come to order.

18                Senator DeFrancisco.

19                SENATOR DeFRANCISCO:   Yes, 

20   Mr. President, could we please return to reports 

21   of standing committees.

22                ACTING PRESIDENT GRIFFO:   We will 

23   return to reports of standing committees.

24                Senator DeFrancisco.

25                SENATOR DeFRANCISCO:   Yes, we have 


                                                               3267

 1   a nomination that was approved by both --

 2                ACTING PRESIDENT GRIFFO:   We have a 

 3   report of the Finance Committee.

 4                The Secretary will read.

 5                THE SECRETARY:   Senator 

 6   DeFrancisco, from the Committee on Finance, 

 7   reports the following nomination:  

 8                Harry E. Miller, Jr., of Nashua, 

 9   New Hampshire, as Major General.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   DeFrancisco.

12                SENATOR DeFRANCISCO:   Yes, 

13   Mr. President, I would stand here and very 

14   proudly move the nomination -- actually, the 

15   motion for the promotion of the Governor's 

16   assistant adjutant general, Harry E. Miller, Jr., 

17   for his promotion to the grade of major general.  

18                He appeared before the Finance 

19   Committee, was unanimously approved, as well as 

20   unanimous approval at the Veterans Committee.  

21                And I'd ask you to please recognize 

22   Senator Ball.

23                ACTING PRESIDENT GRIFFO:   Thank 

24   you, Senator DeFrancisco.

25                Senator Ball.


                                                               3268

 1                SENATOR BALL:   Well, General, it's 

 2   a pleasure to have the opportunity to introduce 

 3   you here to the full Senate.  

 4                And I promise to be brief and be 

 5   seated, as I learned at the United States Air 

 6   Force Academy.  But I think it's important to 

 7   just quickly reflect on the biography of 

 8   General Miller.  

 9                General Miller received his 

10   commission in May 1980 from ROTC, Washington 

11   Jefferson College.  After he received his 

12   commission as a second lieutenant, he served on 

13   active duty for over 12 years with assignments in 

14   the 1st Armored Division, the 82nd Airborne and 

15   1st Special Forces Group.

16                General Miller has served two combat 

17   tours in support of Operation Iraqi Freedom.  

18   During the first tour, he was assigned to the 

19   Iraqi Assistance Group as a senior advisor to 

20   Iraqi security forces along the Iraq-Iran 

21   border.  During the second tour, he served with 

22   the 5th Special Forces Group in a combined Joint 

23   Special Operations Task Force, Arabian Peninsula, 

24   as a senior advisor to the multinational corps. 

25                He most recently serves as the 


                                                               3269

 1   Senior Commander of Fort Drum and the 10th 

 2   Mountain Division.  

 3                So point-blank, General Miller is a 

 4   hero.  General Miller has -- I often refer to my 

 5   time in the United States military, the United 

 6   States Air Force, that the worst combat I ever 

 7   saw was probably at a cocktail party at 2 o'clock 

 8   in the morning in Washington, D.C.  This man has 

 9   been through and has led troops through things 

10   that would break most of us, including me.

11                We have an enormous debt to bear to 

12   your career, to the sacrifice, and to your 

13   family.  Because we know that while you put on 

14   that uniform, your family lives not knowing every 

15   day whether you're going to return from those 

16   assignments.  

17                I thank you from the bottom of my 

18   heart, and I ask that you continue the great 

19   tradition of leading men and women all across 

20   this country whose moms and dads put full faith 

21   in knowing that you are doing the right job at 

22   keeping them safe.  

23                God bless you, and Godspeed.

24                ACTING PRESIDENT GRIFFO:   Thank 

25   you, Senator Ball.


                                                               3270

 1                The motion has been made by Senator 

 2   DeFrancisco.  

 3                The question is on the nomination of 

 4   Harry E. Miller Jr., for promotion to the grade 

 5   of major general to the Division of Military and 

 6   Naval Affairs.  All in favor signify by saying 

 7   aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT GRIFFO:   Opposed, 

10   nay.

11                (No response.)

12                ACTING PRESIDENT GRIFFO:   Harry E. 

13   Miller, Jr., is hereby confirmed for promotion to 

14   the grade of major general to the Division of 

15   Military and Naval Affairs.

16                (Standing ovation.)

17                ACTING PRESIDENT GRIFFO:   General 

18   Miller, thank you for your service, and our best 

19   wishes.

20                Senator Maziarz.  We have revolving 

21   chairs.

22                SENATOR MAZIARZ:   Mr. President, 

23   would you please recognize Senator Valesky for a 

24   motion.

25                ACTING PRESIDENT GRIFFO:   Returning 


                                                               3271

 1   to motions and resolutions.  

 2                Senator Valesky.

 3                SENATOR VALESKY:   Thank you, 

 4   Mr. President.  

 5                On behalf of Senator Savino, on 

 6   page 47 I offer the following amendments to 

 7   Calendar Number 1042, Senate Bill 5397, and ask 

 8   that said bill retain its place on the Third 

 9   Reading Calendar.

10                ACTING PRESIDENT GRIFFO:   The 

11   amendments are received, and the bill shall 

12   retain its place on third reading.

13                SENATOR VALESKY:   Thank you, 

14   Mr. President.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Maziarz.

17                SENATOR MAZIARZ:   Thank you very 

18   much, Mr. President.  

19                On behalf of Senator Martins, I wish 

20   to call up Senate Print Number 5024A, recalled 

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

22                ACTING PRESIDENT GRIFFO:   The 

23   Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   759, by Senator Martins, Senate Print 5024A, an 


                                                               3272

 1   act in relation to allowing.

 2                SENATOR MAZIARZ:   Mr. President, I 

 3   now move to reconsider the vote by which this 

 4   bill was passed.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll on reconsideration.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 60.

 9                SENATOR MAZIARZ:   Mr. President, I 

10   now offer the following amendments.

11                ACTING PRESIDENT GRIFFO:   The 

12   amendments are received.

13                SENATOR MAZIARZ:   Mr. President, on 

14   behalf of Senator Boyle, on page number 50 I 

15   offer the following amendments to Calendar Number 

16   1102, Senate Print Number 5599A, and ask that 

17   said bill retain its place on the Third Reading 

18   Calendar.

19                ACTING PRESIDENT GRIFFO:   The 

20   amendments are received, and the bill shall 

21   retain its place on third reading.

22                Senator Maziarz.

23                SENATOR MAZIARZ:   Thank you very 

24   much, Mr. President.  

25                Can we now take up the 


                                                               3273

 1   noncontroversial calendar.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   234, substituted earlier by Member of the 

 6   Assembly Pretlow, Assembly Print 3157, an act to 

 7   amend the Local Finance Law.

 8                ACTING PRESIDENT GRIFFO:   There is 

 9   a home-rule message at the desk.

10                The Secretary will read the last 

11   section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.  Nays, 1.  

18   Senator Ball recorded in the negative.  

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   382, substituted earlier today by Member of the 

23   Assembly Markey, Assembly Print 5576B, an act to 

24   amend the General Municipal Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3274

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect July 1, 2013.

 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   827, by Senator O'Brien, Senate Print 3516, an 

12   act to amend the Vehicle and Traffic Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect September 1, 2014.

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   843, by Senator Zeldin, Senate Print 5529A, an 

25   act to amend the Alcoholic Beverage Control Law.


                                                               3275

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the 180th 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:   Calendar Number 

12   954, by Senator Savino, Senate Print 5486, an act 

13   to amend the Labor Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 5.  This 

17   act shall take effect on the 30th 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   978, by Senator Savino, Senate Print 5342, an act 


                                                               3276

 1   to amend the Correction Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  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.  Nays, 

10   1.  Senator Hassell-Thompson recorded in the 

11   negative.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1010, by Senator Klein, Senate Print 5407, an act 

16   to direct.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 4.  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.  Nays, 

25   1.  Senator Griffo recorded in the negative.


                                                               3277

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1057, substituted earlier by Member of the 

 5   Assembly Jaffee, Assembly Print Number 5676, an 

 6   act to authorize.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 58.  Nays, 

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

16   in the negative.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1079, substituted earlier by Member of the 

21   Assembly Crespo, Assembly Print Number 6381A, an 

22   act to amend the Public Service Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3278

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 61.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1129, by Senator Farley, Senate Print 2933, an 

10   act to amend the Banking Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 4.  This 

14   act shall take effect on the 90th day.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 61.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   In relation to 

22   Calendar Number 1129:  Ayes, 60.  Nays, 1.  

23   Senator Sanders recorded in the negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3279

 1                THE SECRETARY:   Calendar Number 

 2   1130, by Senator Farley, Senate Print 3832, an 

 3   act to amend the Banking Law.

 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:   Announce 

12   the results.

13                THE SECRETARY:   Ayes, 61.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1131, by Senator Peralta, Senate Print 3930, an 

18   act to amend the Banking 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.)


                                                               3280

 1                THE SECRETARY:   Ayes, 60.  Nays, 

 2   1.  Senator Griffo recorded in the negative.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1134, substituted earlier by Member of the 

 7   Assembly Gunther, Assembly Print Number 6992A, an 

 8   act to amend the Mental Hygiene 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, 61.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1139, by Senator Lanza, Senate Print 3606, an act 

21   to amend the General Business Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3281

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 60.  Nays, 

 5   1.  Senator Montgomery recorded in the negative.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1147, by Senator DeFrancisco, Senate Print 2789, 

10   an act to amend the Election Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                SENATOR GIANARIS:   Lay it aside.

14                ACTING PRESIDENT GRIFFO:   Lay the 

15   bill aside.

16                THE SECRETARY:   Calendar Number 

17   1151, by Senator Lanza, Senate Print 2468, an act 

18   to amend the Penal Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 5.  This 

22   act shall take effect on the first of November.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3282

 1                THE SECRETARY:   Ayes, 59.  Nays, 

 2   2.  Senators Krueger and Montgomery recorded in 

 3   the negative.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1155, by Senator Lanza, Senate Print 3847, an act 

 8   to amend the Penal Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect on the first of November.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.  Nays, 

17   2.  Senators Marchione and Parker recorded in the 

18   negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1157, by Senator Savino, Senate Print 3969, an 

23   act to amend the Penal Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3283

 1                THE SECRETARY:   Section 4.  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.  Nays, 1.  

 7   Senator Lanza recorded in the negative.  

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1158, by Senator Lanza, Senate Print 4156, an act 

12   to amend the Penal Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the first of November.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 61.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   In relation to 

24   Calendar Number 1158:  Ayes, 60.  Nays, 1.  

25   Senator Montgomery recorded in the negative.


                                                               3284

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1159, substituted earlier by Member of the 

 5   Assembly Mosley, Assembly Print Number 7182, an 

 6   act to amend the Penal Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 60.  Nays, 

15   1.  Senator Gipson recorded in the negative.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1160, by Senator Gallivan, Senate Print 4772, an 

20   act to amend the Penal Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the first of November.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3285

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1162, by Senator Gallivan, Senate Print 4985, an 

 8   act to amend the Criminal Procedure 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:   In relation to 

17   Calendar 1162, those recorded in the negative are 

18   Senators Krueger, Montgomery, Rivera and Sanders.

19                Ayes, 57.  Nays, 4.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                Calendar Number 1169 is on second 

23   report.  The bill is laid aside for the day, and 

24   the Secretary will go to Calendar Number 1214.

25                THE SECRETARY:   Calendar Number 


                                                               3286

 1   1214, by Senator Gallivan, Senate Print 89, an 

 2   act to amend the Executive Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 60th day.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 61.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1215, by Senator Gallivan, Senate Print 109, an 

15   act to amend the Civil Service Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the 180th day.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 60.  Nays, 

24   1.  Senator Hassell-Thompson recorded in the 

25   negative.


                                                               3287

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1216, substituted earlier by Member of the 

 5   Assembly Gunther, Assembly Print Number 2316B, an 

 6   act to amend the Public Health Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect on the 180th day.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Valesky to explain his vote.

16                SENATOR VALESKY:   Thank you, 

17   Mr. President.  

18                I just want to take just a moment 

19   and thank Senator Larkin for bringing this bill 

20   forward.

21                This is an important issue.  The 

22   Assembly has already passed this measure.  This 

23   will save the lives of many babies across the 

24   state by requiring a relatively simple test that 

25   checks for oxygen levels in infants' blood.  


                                                               3288

 1                I had an opportunity to visit with 

 2   some of my constituents a couple of days ago, a 

 3   young 18 month old whose life was saved because 

 4   of the efforts of a nurse who had suggested that 

 5   this test be done before he left the hospital.

 6                This bill would make sure that 

 7   before all infants leave the hospital, a pulse 

 8   oximetry test would be performed.  I recommend a 

 9   yes vote on the part of all of my colleagues and 

10   again thank Senator Larkin for his sponsorship.

11                Thank you, Mr. President.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Valesky will be recorded in the affirmative.

14                Senator Larkin to explain his vote.

15                SENATOR LARKIN:   Thank you very 

16   much, Mr. President.

17                You know, this is a tremendous day 

18   for us here in the State of New York.  We will 

19   soon join -- we'll be the 11th state in the 

20   nation who have put this bill into being.

21                You know, if you were here the other 

22   day, where Senator Valesky was there, Senator 

23   John DeFrancisco and I and the leader met.  And 

24   when you start to see and listen to these people 

25   who talk about their child that was just inside 


                                                               3289

 1   the bed and turned over and somebody died.  Some 

 2   of these children have been born and five hours 

 3   later they were in open-heart surgery.  

 4                And when you start to think about 

 5   this, this is a cost of a dollar a test.  It 

 6   doesn't have to be by a doctor, it can be by a 

 7   nurse.  When you start to see the procedures and 

 8   start to see these children who had this test and 

 9   how they're looking today, you start to wonder 

10   about what have we been wasting years for.  

11                This has passed this house about 

12   four times.  Now we have a bill that's passing in 

13   both houses.  And we're going to say to the rest 

14   of the country, Get on board, follow New York.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Larkin to be recorded in the affirmative.

17                Announce the results.

18                THE SECRETARY:   Ayes, 61.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1217, by Senator Grisanti, Senate Print 696B, an 

23   act to amend the General Business Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3290

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the 180th day.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 61.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1219, by Senator Bonacic, Senate Print 882, an 

11   act to amend the Mental Hygiene Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1221, by Senator Maziarz, Senate Print 1051, an 

24   act to amend the Education Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3291

 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, 61.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                Calendar Number 1222 is high; it's 

11   been amended today.  The Secretary will go to 

12   Calendar Number 1223 and read.

13                THE SECRETARY:   Calendar Number 

14   1223, by Senator Marcellino, Senate Print 1486, 

15   an act to amend the Education 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   Gipson to explain his vote.

25                SENATOR GIPSON:   Thank you, 


                                                               3292

 1   Mr. President.

 2                The school districts in my district 

 3   are begging me not to send back any unfunded 

 4   mandates.  This bill creates a new reporting 

 5   requirement that has no method of funding.  It is 

 6   an unfunded mandate, and I will be voting no.  

 7                Thank you.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Gipson to be recorded in the negative.

10                Announce the results.

11                THE SECRETARY:   Ayes, 59.  Nays, 

12   2.  Senators Ball and Gipson recorded in the 

13   negative.  Also Senator Marchione.  Also Senator 

14   Maziarz.

15                ACTING PRESIDENT GRIFFO:   Announce 

16   the results.

17                THE SECRETARY:   In relation to 

18   Calendar Number 1223, those recorded in the 

19   negative are Senators Ball, DeFrancisco, Farley, 

20   Gipson, Griffo, Lanza, Marchione, Maziarz and 

21   Seward.  Also Senator Larkin.  Also Senator 

22   Kennedy.  Also Senator Robach.  Also Senator 

23   Sanders.

24                ACTING PRESIDENT GRIFFO:   Results.

25                (Laughter.)


                                                               3293

 1                ACTING PRESIDENT GRIFFO:   We're 

 2   going to have to go for a show of hands.  All 

 3   those opposed to Calendar Number 1223 please 

 4   raise raising your hands voting in the negative.

 5                SENATOR MAZIARZ:   Mr. President.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Maziarz.

 8                SENATOR MAZIARZ:   Will you withdraw 

 9   the roll call and lay the bill aside for the day.

10                ACTING PRESIDENT GRIFFO:   The roll 

11   call is withdrawn, and the bill will be laid 

12   aside for the day.

13                Calendar Number 1224.

14                THE SECRETARY:   Calendar Number 

15   1224, by Senator Zeldin, Senate Print 1689, an 

16   act to amend the Education Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect October 1, 2013.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                SENATOR GIANARIS:   Mr. President, 

25   I'm sorry, which bill are we on right now?


                                                               3294

 1                ACTING PRESIDENT GRIFFO:   We are on 

 2   Calendar Number 1224, Senate Bill 1689, Senator 

 3   Gianaris.

 4                SENATOR GIANARIS:   Thank you.

 5                THE SECRETARY:   Ayes, 59.  Nays, 

 6   2.  Senators DeFrancisco and Griffo recorded in 

 7   the negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1225, by Senator Gallivan, Senate Print 1699B, an 

12   act to amend the Environmental Conservation Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 12.  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:   Announce 

21   the results.

22                THE SECRETARY:   In relation to 

23   Calendar Number 1225, those recorded in the 

24   negative are Senators Espaillat, Gianaris, 

25   Hassell-Thompson, Hoylman, LaValle, Marchione, 


                                                               3295

 1   Montgomery, Peralta, Serrano, Squadron, Stavisky 

 2   and Stewart-Cousins.

 3                Ayes, 49.  Nays, 12.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1226, by Senator Skelos, Senate Print 1904, an 

 8   act to amend the Family Court Act.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 10.  This 

12   act shall take effect on the 60th day.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.  Nays, 

17   2.  Senators Dilan and Gipson recorded in the 

18   negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1229, by Senator Robach, Senate Print 1978, an 

23   act to amend the Education Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3296

 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, 61.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1230, by Senator Bonacic, Senate Print 2016, an 

11   act to amend the Social Services Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  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, 61.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1231, by Senator Farley, Senate Print 2018A, an 

24   act to amend the Education Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3297

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the first of September.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1232, by Senator LaValle, Senate Print 2021, an 

12   act to amend the Tax Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect September 1, 2013.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   In relation to 

21   Calendar Number 1232, those recorded in the 

22   negative are Senators Diaz, Espaillat, 

23   Hassell-Thompson, Krueger and Montgomery.

24                Ayes, 56.  Nays, 5.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3298

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1233, by Senator Latimer, Senate Print 2054, an 

 4   act to amend the State Finance Law.

 5                SENATOR DeFRANCISCO:   Please lay 

 6   the bill aside.

 7                ACTING PRESIDENT GRIFFO:   Lay it 

 8   aside.

 9                THE SECRETARY:   Calendar Number 

10   1235, by Senator Golden, Senate Print 2095A, an 

11   act to establish.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 8.  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, 61.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.  

22                THE SECRETARY:   Calendar Number 

23   1236, by Senator Ritchie, Senate Print 2115, an 

24   act to amend the Public Health Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3299

 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, 61.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1237, by Senator Golden, Senate Print 2243, an 

12   act to amend the Criminal Procedure Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 5.  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                THE SECRETARY:   Ayes, 61.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1239, by Senator DeFrancisco, Senate Print 2314, 

25   an act to amend the Education Law.


                                                               3300

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 4.  This 

 4   act shall take effect six months after it shall 

 5   have become law.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 61.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1240, by Senator Klein, Senate Print 2377A, an 

14   act to amend the General Business Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect on the 60th day.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3301

 1   1241, substituted earlier by Member of the 

 2   Assembly Ortiz, Assembly Print Number 5890, an 

 3   act to amend the Military Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect on the 120th day.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 61.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1242, by Senator Young, Senate Print 2625, an act 

16   to amend the Executive Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 16.  This 

20   act shall take effect on the first of January.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 59.  Nays, 

25   2.  Senators Hassell-Thompson and Montgomery 


                                                               3302

 1   recorded in the negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1243, by Senator Young, Senate Print 2710, an act 

 6   to amend the Tax Law.

 7                SENATOR GIANARIS:   Lay it aside.

 8                ACTING PRESIDENT GRIFFO:   Lay the 

 9   bill aside.

10                THE SECRETARY:   Calendar Number 

11   1245, by Senator Ball, Senate Print 2803A, an act 

12   to amend the Executive 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   Ball to explain his vote.  

22                One second, please.  Can I have some 

23   order in the house, please.

24                Senator Ball.

25                SENATOR BALL:   Just briefly, I 


                                                               3303

 1   think in my short almost eight years in Albany, 

 2   it's amazing how tough it is to get even good 

 3   things done and how much misinformation there is 

 4   out there about, you know, good projects and good 

 5   works.  

 6                This is a piece of legislation that 

 7   actually passed in a different form through the 

 8   Assembly and through the Senate, I believe both 

 9   unanimously.  They were carried in both of those 

10   houses and were successful previously.

11                This program simply matches the 

12   federal program, the set-aside for service- 

13   disabled veterans.  In no way does this compete 

14   with minority- or women-owned businesses or the 

15   very important programs that have been set up for 

16   those entities.

17                And it needs to be absolutely 

18   certain that we have bent over backwards to make 

19   sure in the legislation that this program for 

20   service-disabled veterans does not compete.  This 

21   program will not compete in any way with the 

22   minority- and women-owned businesses in this 

23   state.  But it will allow opportunities for 

24   service-disabled vets returning from places to 

25   create jobs and to find meaningful employment in 


                                                               3304

 1   this state.  

 2                This is an absolutely critical piece 

 3   of legislation.  Over 30 other states have 

 4   already done this.  And it would be an absolute 

 5   shame if we allowed politics in any way to stop 

 6   us from moving forward, especially with the 

 7   amount of work that has been put into this to 

 8   realize the concerns, the valid concerns of those 

 9   that have been brought forward.  

10                So please join me and let's make 

11   sure that this gets done in the Assembly as well 

12   this year.  Thank you.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Ball will be recorded in the affirmative.

15                Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar 1245, those recorded in the negative are 

18   Senators Espaillat and Hassell-Thompson.  

19                Ayes, 59.  Nays, 2.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1246, by Senator Farley, Senate Print 2856B, an 

24   act to amend the Education Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3305

 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, 61.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1247, by Senator Farley, Senate Print 2857A, an 

12   act to amend the Education Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 61.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1248, by Senator Hannon, Senate Print 2948, an 

25   act to amend the Public Health Law.


                                                               3306

 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, 61.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1249, by Senator Hannon, Senate Print 2949, an 

13   act to amend the Public Health Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 5.  This 

17   act shall take effect on the 60th day.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 60.  Nays, 

22   1.  Senator Marchione recorded in the negative.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3307

 1   1252, by Senator Seward, Senate Print 3572, an 

 2   act to amend the Tax Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect September 1, 2013.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 61.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1253, by Senator Robach, Senate Print 3582, an 

15   act to amend the Correction Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  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:   In relation to 

24   Calendar Number 1253:  Ayes, 59.  Nays, 2.  

25   Senators Gipson and Hassell-Thompson recorded in 


                                                               3308

 1   the negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1254, by Senator Golden, Senate Print 3633, an 

 6   act to amend the Public Authorities Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 58.  Nays, 

15   3.  Senators Ball, Gipson and Marchione recorded 

16   in the negative.  Also Senator Griffo.

17                ACTING PRESIDENT GRIFFO:   Results.

18                THE SECRETARY:   Ayes, 57.  Nays, 4.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1255, by Senator LaValle, Senate Print 3643, an 

23   act to amend the General Municipal Law.

24                SENATOR MAZIARZ:   Lay the bill 

25   aside for the day, please.


                                                               3309

 1                ACTING PRESIDENT GRIFFO:   There is 

 2   a home-rule message at the desk.

 3                The bill is laid aside for the day.

 4                THE SECRETARY:   Calendar Number 

 5   1256, by Senator LaValle, Senate Print 3651, an 

 6   act to amend the Tax Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 61.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1257, by Senator Savino, Senate Print 3682, an 

19   act to amend the Tax 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.


                                                               3310

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 57.  Nays, 

 3   4.  Senators Diaz, Espaillat, Krueger and LaValle 

 4   recorded in the negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1258, by Senator Savino, Senate Print 3683, an 

 9   act to amend the Tax Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 58.  Nays, 

18   3.  Senators Diaz, Espaillat and Krueger recorded 

19   in the negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1259, by Senator Robach, Senate Print 3770, an 

24   act to amend the State Finance Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3311

 1   last section.

 2                SENATOR GIANARIS:   Lay it aside, 

 3   please.

 4                ACTING PRESIDENT GRIFFO:   Lay the 

 5   bill aside.

 6                THE SECRETARY:   Calendar Number 

 7   1261, by Senator Ranzenhofer, Senate Print 3797, 

 8   an act to amend the Executive Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                SENATOR MAZIARZ:   Lay it aside for 

12   the day, please.

13                ACTING PRESIDENT GRIFFO:   Lay the 

14   bill aside for the day.

15                THE SECRETARY:   Calendar Number 

16   1262, by Senator Golden, Senate Print 3837, an 

17   act to amend the Executive 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, 61.


                                                               3312

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1264, by Senator Grisanti, Senate Print 3956B, an 

 5   act to amend the Tax Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Grisanti to explain his vote.

15                SENATOR GRISANTI:   Yes, thank you, 

16   Mr. President, briefly.  

17                My fellow colleagues, this 

18   legislation, if you haven't heard about it or 

19   understand what it's about, it has to do with tax 

20   credits for visitability.  Anybody know what that 

21   is?  I'm going to tell you.  Do you know what 

22   that is?  All right.  

23                Visitability is the concept of 

24   building a home so that an individual with a 

25   physical disability is able to stay in the 


                                                               3313

 1   house.  That's what it has to do with.  The 

 2   disability could be for individuals with a 

 3   disability or the elderly who find themselves 

 4   unable to live in a home without modifications.  

 5                So by providing this type of 

 6   legislation, it gives individuals with the 

 7   opportunity to age in place.  This would allow 

 8   them to remain in their homes longer than 

 9   possible, opposed to the costs associated with 

10   assisted living or nursing homes.  

11                So specifically this bill allows for 

12   a credit, not to exceed a certain amount, towards 

13   a credit of a new home or for a renovated 

14   principal residence, maximum credit of 50 percent 

15   of the amount expended.  

16                It's a very good bill.  I urge my 

17   colleagues to vote for it.  It allows people that 

18   are aging or people with disabilities to stay in 

19   the home rather than being pushed out of their 

20   home.  And I urge you to tell your 

21   Assemblymembers to vote for it also.  

22                I vote aye, Mr. President.  Thank 

23   you very much.  

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Grisanti to be recorded in the affirmative.


                                                               3314

 1                Senator DeFrancisco to explain his 

 2   vote.

 3                SENATOR DeFRANCISCO:   It also has 

 4   another component, and that basically is making 

 5   the house capable of allowing people with 

 6   handicap conditions to visit another individual.  

 7   It might not be the person in the home that's 

 8   handicapped, but to allow handicapped people free 

 9   access to other homes.  

10                And it's perfect for a tax credit 

11   because if someone wants to make their home 

12   accessible to those who visit them -- thence, 

13   visitability -- they will get a credit for their 

14   efforts.

15                Thank you.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   DeFrancisco to be recorded in the affirmative.

18                Announce the results.

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1265, by Senator Lanza, Senate Print 3976, an act 

24   to amend the Executive Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3315

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the 60th day.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1266, by Senator Lanza, Senate Print 3983, an act 

12   to amend the Public Health 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:   Announce 

18   the results.

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1267, by Senator Flanagan, Senate Print 4008, an 

24   act to amend the Education Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3316

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1269, by Senator Ritchie, Senate Print 4061, an 

12   act to amend the State Finance Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 90th day.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Espaillat to explain his vote.

22                SENATOR ESPAILLAT:   Thank you, 

23   Mr. President.

24                Once again, as we near the end of 

25   this session, we continue to approve legislation 


                                                               3317

 1   to assist agricultural businesses across the 

 2   State of New York.  There have been dozens of 

 3   bills that have been passed this legislative 

 4   session providing an array of benefits and 

 5   privileges to this industry that continues 

 6   systematically to treat farmworkers in an 

 7   inhumane manner by not allowing them to have a 

 8   day of rest, by not paying them overtime, by also 

 9   not having any type of disability benefits when 

10   they get hurt in this very gruesome, sometimes, 

11   type of work.  They don't have any type of 

12   benefits.  

13                And this is really a dire situation 

14   that thousands of farmworkers across the State of 

15   New York are facing.

16                So I will be again voting in the 

17   negative on this particular bill and other bills 

18   that come before us assisting this great industry 

19   that provides a great service for our state but 

20   continues to mistreat its workers.  I'll be 

21   voting in the negative, Mr. President.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Espaillat to be recorded in the negative.

24                Senator Krueger to explain her vote.

25                SENATOR KRUEGER:   Thank you, 


                                                               3318

 1   Mr. President.

 2                With respect for my colleague's 

 3   concerns about workers' rights, which I don't 

 4   disagree with him on, I wanted to stand up to 

 5   thank Senator Ritchie for moving this bill 

 6   through to the floor and hopefully into law this 

 7   year, because in fact what it will do is to help 

 8   us understand what foods are available to be 

 9   purchased from a local perspective to help expand 

10   sustainability of our farming practices 

11   throughout the state to ensure that New York 

12   State's government and all New Yorkers can 

13   improve their access to healthy, locally grown 

14   food.  

15                And so I am very glad that we are 

16   moving this bill on the floor today.  Thank you, 

17   Mr. President.  I'll be voting yes.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Krueger to be recorded in the affirmative.

20                Announce the results.

21                THE SECRETARY:   Ayes, 60.  Nays, 

22   1.  Senator Espaillat recorded in the negative.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3319

 1   1270, by Senator DeFrancisco, Senate Print 4097A, 

 2   an act to amend the Education 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, 61.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1271, by Senator Lanza, Senate Print 4143, an act 

15   to establish.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last 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.  Nays, 1.  

24   Senator Marchione recorded in the negative.  

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3320

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1274, by Senator Boyle, Senate Print 4252, an act 

 4   to authorize.

 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, 58.  Nays, 

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

14   in the negative.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1277, by Senator Marcellino, Senate Print 4308, 

19   an act to amend Chapter 396 of the Laws of 2010.

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.


                                                               3321

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 60.  Nays, 

 3   1.  Senator Diaz recorded in the negative.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1278, by Senator Young, Senate Print 4332, an act 

 8   to amend the Agriculture and Markets Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 60.  Nays, 

17   1.  Senator Espaillat recorded in the negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1279, by Senator Young, Senate Print 4334, an act 

22   to amend the Executive Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 6.  This 


                                                               3322

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 61.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1280, by Senator Golden, Senate Print 4446B --

10                SENATOR GIANARIS:   Lay it aside.

11                ACTING PRESIDENT GRIFFO:   Lay the 

12   bill aside.

13                THE SECRETARY:   Calendar Number 

14   1281, by Senator Maziarz, Senate Print 4542, an 

15   act to amend the Energy Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last 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.  Nays, 1.  

24   Senator Marchione recorded in the negative.  

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3323

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1282, by Senator Young, Senate Print 4560, an act 

 4   authorizing.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 5.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   There is 

10   a home-rule message at the desk.

11                Call the roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 61.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1283, by Senator Little, Senate Print 4689, 

18   Concurrent Resolution of the Senate and Assembly.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll on the resolution.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT GRIFFO:   The 

24   resolution is adopted.

25                THE SECRETARY:   Calendar Number 


                                                               3324

 1   1284, substituted earlier by Member of the 

 2   Assembly Pretlow, Assembly Print Number 6939, an 

 3   act to amend Chapter 473 of the Laws of 2010.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 61.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1285, by Senator Golden, Senate Print 4875, an 

16   act to amend the Elder 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.  Nays, 

25   1.  Senator Espaillat recorded in the negative.


                                                               3325

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1286, by Senator Maziarz, Senate Print 4904, an 

 5   act to amend the Agriculture and Markets Law.

 6                SENATOR GIANARIS:   Lay it aside.

 7                ACTING PRESIDENT GRIFFO:   Lay the 

 8   bill aside.

 9                THE SECRETARY:   Calendar Number 

10   1287, by Senator Hannon, Senate Print 4926, an 

11   act to amend the Public Health Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 4.  This 

15   act shall take effect January 1, 2014.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 60.  Nays, 

20   1.  Senator Montgomery recorded in the negative.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1288, by Senator Tkaczyk, Senate Print 5230A, an 

25   act in relation to bond anticipation.


                                                               3326

 1                ACTING PRESIDENT GRIFFO:   There is 

 2   no home-rule message at the desk.  The bill is 

 3   laid aside for the day.

 4                Calendar Number 1295.

 5                THE SECRETARY:   Calendar Number 

 6   1295, by Senator Maziarz, Senate Print 5481, an 

 7   act to amend the State Technology 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                ACTING PRESIDENT GRIFFO:   Senator 

16   Tkaczyk to explain her vote.

17                SENATOR TKACZYK:   Thank you, 

18   Mr. President.

19                I rise in support of this 

20   legislation.  I can think of no better way to 

21   help the upstate economy than by expanding rural 

22   broadband access in unserved areas.  That's why I 

23   introduced a bill in April to do something 

24   similar.  

25                I'm very happy to see this get to 


                                                               3327

 1   the floor, and I wholeheartedly support it.  

 2                Thank you.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Tkaczyk to be recorded in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   Ayes, 61.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1296, by Senator Ritchie, Senate Print 5482, an 

11   act to amend the Soil and Water Conservation 

12   Districts Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 180th day.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 60.  Nays, 

21   1.  Senator Espaillat recorded in the negative.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1297, by Senator Ball, Senate Print 5504A, an act 


                                                               3328

 1   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 immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 61.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                Senator Maziarz, that completes the 

13   noncontroversial reading of the active list and 

14   the calendar.

15                (Pause.)

16                ACTING PRESIDENT GRIFFO:   Can I 

17   have order in the chamber, please.

18                Senator Maziarz.

19                SENATOR MAZIARZ:   Thank you very 

20   much, Mr. President.

21                Mr. President, there will be a 

22   Rules Committee meeting at 3:00 p.m..  At 

23   3:00 p.m., a Rules Committee meeting.  After the 

24   Rules Committee meeting, we will take up the 

25   controversial calendar.  


                                                               3329

 1                And lastly, would you call upon my 

 2   very good friend Senator Serrano for a very 

 3   special announcement.

 4                ACTING PRESIDENT GRIFFO:   There 

 5   will be a Rules Committee meeting in Room 332 at 

 6   3:00 p.m.  At that point in time, upon completion 

 7   of the Rules Committee meeting, the controversial 

 8   calendar will be taken up.

 9                Senator Serrano for the purposes of 

10   an announcement.

11                SENATOR SERRANO:   Thank you, 

12   Senator Maziarz.  

13                Mr. President, there will be an 

14   immediate meeting of the Senate Democratic 

15   Conference in Room 315.

16                ACTING PRESIDENT GRIFFO:   There 

17   will be an immediate meeting of the Senate 

18   Democratic Conference in Room 315.

19                The Senate will stand at ease.

20                (Whereupon, the Senate stood at ease 

21   at 1:51 p.m.)

22                (Whereupon, the Senate reconvened at 

23   3:58 p.m.)

24                ACTING PRESIDENT GRIFFO:   The 

25   Senate will come to order.


                                                               3330

 1                Senator Skelos.

 2                SENATOR SKELOS:   Mr. President, if 

 3   we could return to reports of standing 

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

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

 6   read at this time.

 7                ACTING PRESIDENT GRIFFO:   We will 

 8   return to reports of standing committees.  

 9                There is a report of the Rules 

10   Committee at the desk.  The Secretary will read.

11                THE SECRETARY:   Senator Skelos, 

12   from the Committee on Rules, reports the 

13   following bills:  

14                Senate Print 563, by Senator 

15   DeFrancisco, an act to amend the Penal Law; 

16                Senate 933A, by Senator Martins, an 

17   act to amend the General Business Law;

18                Senate 1030, by Senator Serrano, an 

19   act to amend the Economic Development Law;

20                Senate 1213, by Senator Ranzenhofer, 

21   an act to amend the Education Law; 

22                Senate 1435, by Senator Ranzenhofer, 

23   an act to amend the Real Property Tax Law; 

24                Senate 1508, by Senator Marcellino, 

25   an act to amend the Penal Law; 


                                                               3331

 1                Senate 1671A, by Senator Grisanti, 

 2   an act to amend the Tax Law; 

 3                Senate 1855, by Senator LaValle, an 

 4   act to amend the Public Authorities Law; 

 5                Senate 1882, by Senator Bonacic, an 

 6   act to amend the Education Law; 

 7                Senate 1913, by Senator Libous, an 

 8   act to amend the Highway Law; 

 9                Senate 1914, by Senator Addabbo, an 

10   act to amend the General Business Law;

11                Senate 1961A, by Senator Griffo, an 

12   act to establish;

13                Senate 2251, by Senator Klein, an 

14   act to amend the Penal Law; 

15                Senate 2298, by Senator Lanza, an 

16   act to amend the Penal Law; 

17                Senate 2416, by Senator Adams, an 

18   act to amend the Vehicle and Traffic Law; 

19                Senate 2450, by Senator Flanagan, an 

20   act to amend the Education Law; 

21                Senate 2482, by Senator Lanza, an 

22   act to amend the Public Authorities Law; 

23                Senate 2578, by Senator Ball, an act 

24   to amend the Penal Law; 

25                Senate 2597, by Senator Martins, an 


                                                               3332

 1   act to amend the Executive Law; 

 2                Senate 2688, by Senator Young, an 

 3   act to amend the Agriculture and Markets Law; 

 4                Senate 2908, by Senator DeFrancisco, 

 5   an act to amend the Public Health Law; 

 6                Senate 3069A, by Senator 

 7   DeFrancisco, an act to amend the Education Law;

 8                Senate 3106, by Senator Griffo, an 

 9   act to amend the Penal Law; 

10                Senate 3181, by Senator Little, an 

11   act to authorize; 

12                Senate 3407A, by Senator Klein, an 

13   act to amend the Penal Law; 

14                Senate 3622, by Senator Lanza, an 

15   act to amend the Criminal Procedure Law; 

16                Senate 3694, by Senator Ritchie, an 

17   act to amend the Tax Law; 

18                Senate 3732, by Senator DeFrancisco, 

19   an act to amend the General Municipal Law; 

20                Senate 3778, by Senator Young, an 

21   act to amend the Education Law;

22                Senate 3848, by Senator Young, an 

23   act to amend the Tax Law; 

24                Senate 3867, by Senator Golden, an 

25   act to amend the Retirement and Social Security 


                                                               3333

 1   Law; 

 2                Senate 3965, by Senator Lanza, an 

 3   act to amend the Penal Law; 

 4                Senate 4040, by Senator Valesky, an 

 5   act to amend the Penal Law; 

 6                Senate 4067, by Senator DeFrancisco, 

 7   an act to amend the Social Services Law; 

 8                Senate 4071, by Senator Golden, an 

 9   act to amend the Criminal Procedure Law; 

10                Senate 4096, by Senator Libous, an 

11   act to authorize; 

12                Senate 4157, by Senator Lanza, an 

13   act to amend the Penal Law; 

14                Senate 4158, by Senator Lanza, an 

15   act to amend the Penal Law; 

16                Senate 4160A, by Senator Lanza, an 

17   act to amend the Penal Law; 

18                Senate 4261, by Senator Ritchie, an 

19   act to amend the Real Property Tax Law; 

20                Senate 4337A, by Senator Young, an 

21   act to amend the Public Health Law; 

22                Senate 4344, by Senator Gallivan, an 

23   act to amend the Executive Law; 

24                Senate 4390, by Senator Golden, an 

25   act to amend the Penal Law; 


                                                               3334

 1                Senate 4425, by Senator Golden, an 

 2   act to amend the Elder Law; 

 3                Senate 4447, by Senator Golden, an 

 4   act to amend the Penal Law; 

 5                Senate 4499, by Senator Carlucci, an 

 6   act to amend the Mental Hygiene Law; 

 7                Senate 4642, by Senator Grisanti, an 

 8   act to amend the Tax Law; 

 9                Senate 4652, by Senator Valesky, an 

10   act to amend the General Business Law; 

11                Senate 4662, by Senator O'Mara, an 

12   act to authorize; 

13                Senate 4664A, by Senator Golden, an 

14   act to amend the Penal Law; 

15                Senate 4888, by Senator 

16   Stewart-Cousins, an act to authorize; 

17                Senate 5058, by Senator Carlucci, an 

18   act to authorize; 

19                Senate 5091, by Senator Gallivan, an 

20   act to amend the Retirement and Social Security 

21   Law; 

22                Senate 5119, by Senator DeFrancisco, 

23   an act providing; 

24                Senate 5122, by Senator Flanagan, an 

25   act to amend the Penal Law;


                                                               3335

 1                Senate 5140, by Senator Little, an 

 2   act to authorize; 

 3                Senate 5143, by Senator Nozzolio, an 

 4   act to authorize; 

 5                Senate 5165, by Senator Seward, an 

 6   act to amend the Retirement and Social Security 

 7   Law; 

 8                Senate 5207, by Senator Ball, an act 

 9   in relation to allowing;

10                Senate 5252, by Senator Flanagan, an 

11   act to amend the Education Law; 

12                Senate 5383, by Senator Flanagan, an 

13   act to amend the Penal Law; 

14                Senate 5423, by Senator Ritchie, an 

15   act to amend the Correction Law; 

16                Senate 5452, by Senator Flanagan, an 

17   act to amend the Education Law; 

18                Senate 5550, by Senator Libous, an 

19   act to amend the Insurance Law; 

20                Senate 5552A, by Senator Valesky, an 

21   act to amend the Agriculture and Markets Law; 

22                Senate 5564A, by Senator Breslin, an 

23   act granting; 

24                Senate 5565A, by Senator Breslin, an 

25   act granting; 


                                                               3336

 1                Senate 5566A, by Senator Breslin, an 

 2   act granting; 

 3                Senate 5642, by Senator Larkin, an 

 4   act authorizing; 

 5                Senate 5646, by Senator Martins, an 

 6   act to amend Chapter 618 of the Laws of 1998; 

 7                Senate 5659, by Senator Valesky, an 

 8   act to amend the Economic Development Law; 

 9                Senate 5546, by Senator Savino, an 

10   act authorizing; 

11                Senate 2636, by Senator Parker, an 

12   act to amend the Municipal Home Rule Law; 

13                Senate 2838, by Senator Parker, an 

14   act in relation to requiring; 

15                Senate 5388, by Senator Parker, an 

16   act to amend the Executive Law; 

17                And Senate 5707, by Senator Adams, 

18   an act to amend the Social Services Law.

19                All bills reported direct to third 

20   reading.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Skelos.

23                SENATOR SKELOS:   Mr. President, I 

24   move to accept the report of the Rules Committee.

25                ACTING PRESIDENT GRIFFO:   All in 


                                                               3337

 1   favor of accepting the Committee on Rules report 

 2   signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT GRIFFO:   Opposed, 

 5   nay.

 6                (No response.)

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Committee on Rules report is accepted.

 9                Senator Skelos.

10                SENATOR SKELOS:   Mr. President, if 

11   we now could go to the controversial calendar.

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will ring the bell.

14                Can I have some order in the 

15   chamber, please.

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   1147, by Senator DeFrancisco, Senate Print 2789, 

19   an act to amend the Election Law.

20                SENATOR KRUEGER:   Explanation.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   DeFrancisco, an explanation has been requested by 

23   Senator Krueger.

24                SENATOR DeFRANCISCO:   Let me read 

25   as an explanation a blurb that was done by Nick 


                                                               3338

 1   Reisman.  And he's got a quote from one of my 

 2   strongest supporting groups, NYPIRG.  All right?  

 3   They always support me on all the issues that I 

 4   take on.

 5                (Laughter.)

 6                SENATOR DeFRANCISCO:   "The Senate 

 7   today is expected to vote on a measure that would 

 8   address so-called 'ghost' campaign war chests by 

 9   allowing an individual to determine who should be 

10   in charge of their coffers when they die or being 

11   incapacitated.  The measure on the Senate 

12   calendar today would allow candidates to select a 

13   panel of up to three" -- "up to three" means one 

14   as well -- "up to three who would appoint a 

15   treasurer for their campaign committee in order 

16   to ensure the remaining money is used with the 

17   candidate's ostensible best wishes in mind.  

18                "Bill Mahoney, of the New York 

19   Public Interest Research Group, believes it's the 

20   first time state lawmakers are even acknowledging 

21   the existence of campaign accounts that remain 

22   alive after someone's death."

23                So if someone -- for example, 

24   Senator Krueger, if you were walking out of the 

25   chambers and had a terrible event where you were 


                                                               3339

 1   either incapacitated or you had passed away, you 

 2   would be able, if you had -- if this bill was in 

 3   place, you could have had a group that would 

 4   be -- you filed the names of your group, or 

 5   individual, who would make the decision as to how 

 6   that money would be used later on after your 

 7   death.

 8                And I think it's -- every lawmaker 

 9   should want that protection.  Because, for 

10   example, if your treasurer of your campaign 

11   committee right now is a staff member and they -- 

12   since you're no longer around, they probably 

13   won't be your staff member anymore.  That person 

14   forever would be the treasurer of your account 

15   and would have the decisions to make over the 

16   amounts of money that you had left in your 

17   campaign before you were incapacitated or died.

18                So it's a protection that I think is 

19   extremely important for all lawmakers.  And 

20   that's the explanation.

21                SENATOR KRUEGER:   Hello, 

22   Mr. President.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Krueger.

25                SENATOR KRUEGER:   Through you, if 


                                                               3340

 1   the sponsor would yield.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   sponsor yields.

 4                SENATOR DeFRANCISCO:   I would.  I 

 5   just have no concept how there could be further 

 6   questions with such a clear explanation.

 7                (Laughter.)

 8                SENATOR KRUEGER:   I enjoyed the 

 9   sponsor's explanation, for the record.  Although 

10   when I read the NYPIRG comment, I thought they 

11   were a little more tongue-in-cheek than serious.  

12   It was sort of "Egads, the Senate is finally 

13   noticing that they have this ridiculous situation 

14   where you can actually die and have a campaign 

15   committee go on forever."  

16                And in fact the Senator's 

17   explanation is that now we don't have to worry 

18   because, I don't know, the corporation can 

19   continue in the absence of you, the deceased 

20   member.

21                So my question is, why don't we just 

22   pass a law -- I happen to have one -- that 

23   actually says if you are deceased, your committee 

24   has to disband within a certain period of time 

25   and the money can be used for specific purposes, 


                                                               3341

 1   but that a committee of a deceased legislator 

 2   cannot go on ad infinitum where it would actually 

 3   need to have people overseeing the continuation 

 4   of the committee for a person who clearly can't 

 5   run again because they're deceased?  

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   DeFrancisco.

 8                SENATOR DeFRANCISCO:   That's an 

 9   idea.  It's not as good as this one.

10                (Laughter.)

11                SENATOR DeFRANCISCO:   And I just 

12   think that the people who are contributing to a 

13   candidate should be the ones who -- or the 

14   designee by the candidate to determine where 

15   those funds go, rather than having an artificial 

16   list of where it should go when the candidate is 

17   as viable or the elected official is as viable as 

18   you and I are.  

19                And I don't think you would want 

20   to -- you'd want to have that requirement now, as 

21   far as designating where that money might go.  

22   Things may change, that the money could be used 

23   maybe for another candidate.  And I think that's 

24   what the whole purpose is if they select the 

25   individual who they'd like to control those funds


                                                               3342

 1                SENATOR KRUEGER:   Through you, 

 2   Mr. President, if the sponsor would continue to 

 3   yield.

 4                SENATOR DeFRANCISCO:   Yes.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   sponsor yields.

 7                SENATOR KRUEGER:   If it's such a 

 8   good idea, why didn't your bill say "may," not 

 9   "shall"?

10                SENATOR DeFRANCISCO:   Because I 

11   wouldn't want you to do anything that you don't 

12   want to do.  Because you are your own person, and 

13   you have your likes and dislikes.  And if you 

14   don't think this is a good thing for you, don't 

15   do it.  

16                But I'm giving everyone in this 

17   chamber and in the other chamber the opportunity 

18   to do it if they choose to do it.

19                And by the way, I don't think NYPIRG 

20   was making those remarks with tongue in cheek.  

21   And if they were, it would probably relieve me a 

22   little bit because maybe I was going in the wrong 

23   direction.

24                (Laughter.)

25                SENATOR KRUEGER:   Through you, 


                                                               3343

 1   Mr. President, if the sponsor would continue to 

 2   yield.

 3                SENATOR DeFRANCISCO:   Yes.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   sponsor yields.  

 6                And I would remind the members to 

 7   please direct through the chair.

 8                Senator Krueger.

 9                SENATOR KRUEGER:   I'm sorry, I 

10   didn't direct through the chair?  

11                ACTING PRESIDENT GRIFFO:   Continue.

12                SENATOR KRUEGER:   Thank you, 

13   Mr. President.

14                So in this scenario a candidate 

15   might create a committee of from one up to I 

16   suppose 10 people who oversee the treasurer and 

17   can replace the treasurer.

18                Let's say it's a committee of two.  

19   What happens when they are deceased?

20                SENATOR DeFRANCISCO:   The committee 

21   of two can appoint somebody.  I mean, you can't 

22   have -- we have to worry about the rule against 

23   perpetuities as well.  And I'm sure you're well 

24   familiar with the rule against perpetuities.  But 

25   you can't keep funds in a trust -- and this is 


                                                               3344

 1   something like a trust -- indefinitely.

 2                So you can't correct every problem.  

 3   But those two people could elect someone or the 

 4   one remaining could elect someone.  And again, 

 5   you don't have to do it if you don't think it's a 

 6   good idea.

 7                But right now if you die or are 

 8   incapacitated and you have a treasurer that 

 9   decides later on that this is like my own little 

10   funds here that I could decide to do what I want 

11   to do, if you'd rather -- because things change.  

12   But if you'd rather have some person that you 

13   don't want now -- a family member, a close friend 

14   that don't want to be involved in politics now -- 

15   you could designate someone to make sure the 

16   treasurer on your death is the one that you 

17   trust.

18                SENATOR KRUEGER:   Through you, 

19   Mr. President, on the bill.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Krueger on the bill.

22                SENATOR KRUEGER:   Well, I think the 

23   sponsor and I agree there's something wrong with 

24   the current system, we just have a very different 

25   approach to seeing a solution.  


                                                               3345

 1                My colleague suggests that we could 

 2   choose someone who after we are deceased can 

 3   oversee or replace the treasurer.  Ad infinitum, 

 4   forever and ever, you could see generations of 

 5   people passing on the responsibility to control 

 6   campaign funds long after the candidate or even 

 7   the previously elected person has been dead and 

 8   buried.

 9                Or you could actually pass a law 

10   that says when you're deceased we really assume 

11   you're out of politics and you're not running 

12   again, and we could put a limit on how long that 

13   campaign treasurer or even the committee to work 

14   with the campaign treasurer would have to close 

15   down the committee, to offer the funds back to 

16   the original donors, to move it to different 

17   candidates, to move it to party committees if 

18   they still exist a week or two from now.

19                But the concept that rather than 

20   recognize we actually have a serious problem, 

21   people leave politics with no intention of coming 

22   back, people literally die and their 

23   committees --

24                ACTING PRESIDENT GRIFFO:   Senator 

25   DeFrancisco, why do you rise?


                                                               3346

 1                SENATOR DeFRANCISCO:   Would the 

 2   Senator yield?  

 3                SENATOR KRUEGER:   Could I finish 

 4   the sentence?  And I'd be happy to yield.

 5                SENATOR DeFRANCISCO:   Sure, 

 6   absolutely.  Okay.  

 7                SENATOR KRUEGER:   Thank you.  Thank 

 8   you.  

 9                The concept that you can be gone 

10   from politics or gone, literally dead and buried, 

11   and yet your campaign committee continues to 

12   function and spend money, frankly I just find 

13   very disturbing.

14                So I respect my colleague thinks 

15   he's offering a voluntary model that could 

16   improve the situation.  But to be honest, I don't 

17   really think it would change the story we see 

18   today.  And I'm hoping that this house, perhaps 

19   even this colleague and sponsor might be 

20   interested in taking a look at a bill I've been 

21   carrying for several years which would actually 

22   explicitly lay out a structure for closing down 

23   dead committees, whether you're deceased or you 

24   have decided to end your career in politics.

25                And now I'm happy to yield to his 


                                                               3347

 1   questions.

 2                SENATOR DeFRANCISCO:   Senator, I am 

 3   interested in your bill.  Can you tell me where 

 4   the money would go under your bill if someone 

 5   dies?  

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Krueger.

 8                SENATOR KRUEGER:   Through you, 

 9   Mr. President.  

10                The committee could return funds 

11   pro rata to contributors, donate the funds to a 

12   501(c)(3) designated organization or 

13   organizations, donate the funds to the State 

14   University system, donate the funds to the 

15   state's General Fund, transfer the funds to a 

16   political party's committee, or contribute the 

17   funds to a candidate or political committee 

18   within the current state contribution limits.

19                SENATOR DeFRANCISCO:   Would you 

20   yield to one more question?  

21                SENATOR KRUEGER:   Certainly.

22                ACTING PRESIDENT GRIFFO:   The 

23   Senator yields.

24                SENATOR DeFRANCISCO:   And who would 

25   make that decision on the death of someone?  


                                                               3348

 1   You've got a lot of options there.  Who would 

 2   make that decision?  

 3                SENATOR KRUEGER:   The treasurer 

 4   would make that will decision.

 5                ACTING PRESIDENT GRIFFO:   Thank 

 6   you, Senator Krueger.

 7                SENATOR KRUEGER:   May I add?  While 

 8   the sponsor did not specifically ask, there's 

 9   also a time limit.  It must take place within a 

10   four-year period.

11                And I'm going to give my bill to the 

12   sponsor.

13                ACTING PRESIDENT GRIFFO:   Thank 

14   you, Senator Krueger.

15                Is there any other Senator wishing 

16   to be heard?

17                Seeing none, hearing none, the 

18   debate is closed.  The Secretary will ring the 

19   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.)


                                                               3349

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   DeFrancisco to explain his vote.  

 3                Senator DeFrancisco, may I ask for 

 4   order in the chamber, please.  

 5                There are a number of conversations 

 6   ongoing.  We have a number of bills before the 

 7   house, so I would urge members to keep close and 

 8   we can continue to keep order.

 9                Senator DeFrancisco to explain his 

10   vote.

11                SENATOR DeFRANCISCO:   Yes, this 

12   bill that Senator Krueger has provided to me does 

13   have merit, but it doesn't answer the main 

14   question that I really wanted to resolve.  And 

15   that was if something happened unexpectedly and 

16   you have, for example, an individual who's an 

17   accountant friend of yours that is your 

18   treasurer, and even if that person had all of 

19   this discretion, I think -- and it works well as 

20   long as you're alive, because you're there to 

21   make sure things are done right.  

22                However, I still think the candidate 

23   or the elected official ought to have the option 

24   of filing with the Board of Election someone who 

25   can make the determination as to who should deal 


                                                               3350

 1   with the funds from that day forward.  

 2                So I still think it's a good option 

 3   for everyone to have, and I would request a 

 4   positive vote.  Thank you.  I vote aye.  

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   DeFrancisco to be recorded in the affirmative.  

 7                Senator Krueger to explain her vote.

 8                SENATOR KRUEGER:   Thank you.  I 

 9   appreciate the sponsor's comments.  

10                I'm going to vote yes on his bill 

11   and hope that we can actually combine that with 

12   my bill so that you could choose a committee to 

13   make decisions with the treasurer after you were 

14   deceased, but that all would be done within a 

15   four-year period with particular structures 

16   around to ensure that the money was distributed 

17   as you, the deceased member, wished but also that 

18   that money -- oh, I'm sorry.

19                ACTING PRESIDENT GRIFFO:   Can I 

20   have some order in the chamber, please.  Thank 

21   you.  

22                Senator Krueger.

23                SENATOR KRUEGER:   Thank you, 

24   Mr. President.

25                That actually we would have a 


                                                               3351

 1   successful full package with both bills, so that 

 2   there was an option to create a committee but 

 3   actual rules that the committee should use to 

 4   ensure the public that ghost committees of 

 5   deceased members did not float around the state 

 6   ad infinitum as they do now.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Krueger to be recorded in the affirmative.

10                Announce the results.

11                THE SECRETARY:   Ayes, 58.

12                Absent from voting:  Senators Adams, 

13   Marchione and Sampson.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                Again, I would ask and urge all 

17   members, at the request of leadership, to please 

18   remain close to the chamber.  We have a number of 

19   bills, and they will all be taken up.  So please 

20   remain close to the chambers.  

21                And if we can keep the conversations 

22   to a minimum right now, we can continue to move 

23   the agenda.

24                The Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               3352

 1   1233, by Senator Latimer, Senate Print 2054, an 

 2   act to amend the State Finance Law.

 3                SENATOR DeFRANCISCO:   Explanation.

 4                ACTING PRESIDENT GRIFFO:   An 

 5   explanation has been requested.

 6                SENATOR LATIMER:   Thank you, 

 7   Mr. President.  

 8                This bill requires state agencies to 

 9   furnish to the chair of the Senate Finance 

10   Committee and to the chair of the Assembly Ways 

11   and Means Committee on an annual basis no later 

12   than October 15th any reports, performance 

13   reports, or strategic plans which that agency or 

14   entity of state government has prepared.  

15                The purpose behind it, very simply, 

16   is to make sure that the Senate Finance Committee 

17   and the Assembly Ways and Means, as they begin 

18   the process of looking at budgetary priorities, 

19   also understand what those agencies may have 

20   already put in writing that describe what their 

21   action plans would be short term and longer term.

22                ACTING PRESIDENT GRIFFO:   Thank 

23   you, Senator Latimer.

24                Senator DeFrancisco.

25                SENATOR DeFRANCISCO:   I just have 


                                                               3353

 1   one question, if the sponsor would yield.

 2                ACTING PRESIDENT GRIFFO:   Does the 

 3   sponsor yield?

 4                SENATOR LATIMER:   Happy to, 

 5   Mr. President.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   sponsor yields.

 8                SENATOR DeFRANCISCO:   This would be 

 9   very helpful, quite frankly, to the Legislature.  

10   My only concern is that it's too broadly 

11   written.  

12                It says, after it says where these 

13   items go -- the items are any strategic plans 

14   performance reports prepared by state agencies, 

15   et cetera, during the prior year.  There's really 

16   no definition of either performance reports or 

17   strategic plans.  

18                It may be that the Governor is 

19   trying to determine what the best way to prepare 

20   his budget -- they may have several different 

21   options that they choose to study.  Now, those 

22   options may never be part of the ultimate budget 

23   that's submitted.  

24                And I just think it's too broadly 

25   written so that the people would not know what 


                                                               3354

 1   they're supposed to provide.  And that's my 

 2   objection to it.

 3                And I guess my -- if the sponsor 

 4   will just yield to one last question.

 5                SENATOR LATIMER:   Happy to, 

 6   Mr. President.  

 7                ACTING PRESIDENT GRIFFO:   The 

 8   sponsor yields.

 9                SENATOR DeFRANCISCO:   What is your 

10   definition of "strategic plans"?

11                SENATOR LATIMER:   Through the 

12   President, the phrase "strategic plans" we 

13   adopted from Section 100 of the Economic 

14   Development Law, which alludes to strategic plans 

15   which are being done for the purpose of economic 

16   development.

17                The intent of not defining it was 

18   purposeful.  We wanted to create a broad enough 

19   category so that Senator DeFrancisco in his 

20   capacity, Assemblyman Farrell in his capacity 

21   would be able to not be limited to the types of 

22   reports that they would be able to have access 

23   to.

24                What's implicit in the legislation 

25   is that we're not asking for a report to be 


                                                               3355

 1   created.  It is the sharing of any reports that 

 2   have already been created up to that point of the 

 3   October 15th deadline.  

 4                So the intent, Mr. President, is to 

 5   give a wide enough avenue so that the chair of 

 6   both the Finance Committee and the Ways and Means 

 7   Committee could be able to have copies of 

 8   existing material that may not have been shared 

 9   with the Legislature before.  And that is why we 

10   didn't tightly define it but the reference came 

11   elsewhere, from Section 100 of the Economic 

12   Development Law.

13                ACTING PRESIDENT GRIFFO:   Thank 

14   you, Senator Latimer.

15                Is there any other Senator wishing 

16   to be heard?

17                Seeing none, hearing none, debate is 

18   closed.  The Secretary will ring the bell.  

19                Read the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT GRIFFO:   Announce 


                                                               3356

 1   the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 1233, those recorded in the 

 4   negative are Senators Griffo and Marcellino.

 5                Absent from voting:  Senators Adams, 

 6   Marchione and Sampson.  Ayes --

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   DeFrancisco to explain his vote.

 9                SENATOR DeFRANCISCO:   Yes, I just 

10   wanted to say I'm voting yes.  

11                I think if the actual economic 

12   development statute that has the definition of 

13   "strategic plans" was incorporated, this bill 

14   would have a better chance of withstanding a 

15   Governor's veto.  But I vote aye.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   DeFrancisco to be recorded in the affirmative.

18                Reannounce the results.

19                THE SECRETARY:   In relation to 

20   Calendar Number 1233, those recorded in the 

21   negative are Senators Griffo and Marcellino.  

22                Absent from voting:  Senators Adams, 

23   Marchione and Sampson.

24                Ayes, 56.  Nays, 2.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3357

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1243, by Senator Young, Senate Print 2710, an act 

 4   to amend the Tax Law.

 5                SENATOR KRUEGER:   I'm happy to just 

 6   start questioning rather than ask for an 

 7   explanation.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Young, do you yield to questions from Senator 

10   Krueger?  

11                SENATOR YOUNG:   Yes.

12                ACTING PRESIDENT GRIFFO:   Again, 

13   I'm going to ask for some order in the chamber so 

14   the members can hear each other exchange and 

15   debate.

16                Senator Krueger.

17                SENATOR KRUEGER:   Thank you, 

18   Mr. President.  

19                The sponsor and I have debated this 

20   bill in other years, and so I don't want to use 

21   up the time to repeat too much of the 

22   disagreements she and I have on this.

23                But could she help me understand at 

24   least in her bill what standards she would like 

25   used to calculate the various regional indices 


                                                               3358

 1   she is proposing be used, as opposed to the 

 2   regional indices the Department of Tax and 

 3   Finance currently uses?  

 4                SENATOR YOUNG:   Thank you, 

 5   Mr. President.  Through you.

 6                Thank you, Senator Krueger, for your 

 7   continued questions.  I appreciate them.  

 8                And before I answer that question, I 

 9   just want to remind the members of this chamber 

10   what this legislation is all about.  Because it's 

11   an amendment to the Tax Law that would require 

12   for regional differences to be used when the 

13   Department of Taxation and Finance is calculating 

14   sales tax.

15                And what we have found over the 

16   years is that the Department of Tax and Finance 

17   has been doing an inordinate amount of audits on 

18   small businesses.  And I've had several cases in 

19   my district where restaurants, for example, have 

20   been hit with huge amounts of money.  

21                And typically what may happen is 

22   that an auditor goes to a business -- and for 

23   example, it may be on a very busy day.  Say, for 

24   example, St. Bonaventure University was in the 

25   final four in a basketball game, I guarantee that 


                                                               3359

 1   every restaurant in my district would be packed 

 2   during that event.

 3                But if an auditor goes in during 

 4   that one time -- well, hopefully, more than one 

 5   time, but during that period -- they may say to 

 6   the restaurant:  You're underreporting.  You're 

 7   underreporting the amount of business that you're 

 8   doing.  We're doing an audit on you.  And by the 

 9   way, when we calculate how much you owe, we are 

10   going to use this index that does not reflect the 

11   economic dynamics in that region.  And we've seen 

12   this over and over again.

13                Senator Krueger asked a question.  

14   There are many things that you can look at, that 

15   Tax and Finance can look at.  And I just want to 

16   read you, just to give an idea of what these 

17   differences are in the regions around the state.

18                For example, the cost of living 

19   index in Buffalo is 99.  In New York City, it's 

20   125.  And the national is 100.  So when you look 

21   at this, the cost of living in Buffalo is 

22   20.5 percent less than the New York average.  

23                Okay?  So it doesn't make sense when 

24   you go into a small restaurant, for example, in 

25   Olean, New York, and you're hitting them with 


                                                               3360

 1   these additional costs and you're jeopardizing 

 2   them.  And in many cases my businesses have said, 

 3   We can't afford to pay these amounts of money and 

 4   we may have to go out of business.

 5                So there are many different factors 

 6   that can be used.  And we see this ourselves as 

 7   legislators.  For example, in our travel reports 

 8   there are regional differences between what is 

 9   the cost upstate versus New York City and so on.  

10   So a lot of things that Tax and Finance can do.  

11                But my concern is is that in many 

12   cases we see a money grab by Albany on these 

13   small businesses.  The Department of Tax and 

14   Finance has increased the number of auditors by 

15   200 over the past couple of years.  There are 

16   now, in my understanding, more than 500 

17   auditors.  And this is all about grabbing revenue 

18   for Albany.  

19                And I don't think that's right.  And 

20   I don't think that it's fair.  And I think that 

21   we should look at actual data and help these 

22   businesses to be able to stay in business.  We 

23   all say that we're for growing the economy, we're 

24   for the little guys, we want to help small 

25   businesses.  This is a way to do it.


                                                               3361

 1                SENATOR KRUEGER:   Through you, 

 2   Mr. President, if the sponsor would continue to 

 3   yield.

 4                SENATOR YOUNG:   Yes, Mr. President.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Senator yields.

 7                SENATOR KRUEGER:   Well, I also 

 8   certainly hope this is not a financial grab by 

 9   Albany of small businesses' money.  What I 

10   actually hope is it is a correct calculation of 

11   sales taxes being paid to the state when they are 

12   received by the businesses, small or large.  

13                Which of course what we're talking 

14   about here in this bill -- I know Senator Young 

15   agrees with me -- is somebody has paid the sales 

16   tax when they purchase the item.  They have paid 

17   the sales tax when they purchased the item.  What 

18   is important and sometimes disagreed upon is did 

19   that business transfer the sales tax they 

20   collected to the state in the correct amount.

21                So I do understand that the Senator 

22   and I have a disagreement about whether Tax and 

23   Finance is using correct indices now when they 

24   evaluate or audit whether a business collected 

25   and paid sales tax correctly based on the average 


                                                               3362

 1   price of the products they're selling, because 

 2   we've had that discussion over several years.  

 3                But my question was, we know they 

 4   have a system currently, Tax and Finance.  We've 

 5   asked them, and they have a system.  And they do 

 6   use different indices.  And they don't assume the 

 7   same price of a sandwich in New York City as they 

 8   do --

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Krueger, do you have a question for the member?  

11                SENATOR KRUEGER:   I do, yes.  I'm 

12   getting to the question.

13                They don't assume that they use the 

14   same price of a sandwich for New York City as 

15   they might in Senator Young's district or Senator 

16   Marcellino's district.

17                But really what suggested change is 

18   the Senator asking the state to make from their 

19   current system of making adjustments based on 

20   averages and costs versus what she hopes they 

21   would do?  

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Young.

24                SENATOR YOUNG:   Thank you, 

25   Mr. President.  Through you.


                                                               3363

 1                I think that Tax and Finance may be 

 2   saying that they do use different economic 

 3   indices when they're calculating these costs.  

 4   But they can pick and choose under the current 

 5   system.  It's not required.  And that's why this 

 6   bill is so simple but directly to the point, in 

 7   that it would require them to do it.  

 8                And quite frankly, I am a little 

 9   puzzled by Senator Krueger's resistance to doing 

10   something.  If they're doing it, we just as a 

11   Legislature want to make sure that they're 

12   consistently doing it.

13                SENATOR KRUEGER:   Through you, 

14   Mr. President, if the sponsor would continue to 

15   yield.

16                SENATOR YOUNG:   Yes.

17                ACTING PRESIDENT GRIFFO:   The 

18   sponsor yields.

19                SENATOR KRUEGER:   So when we had 

20   this debate last -- one moment, I'm looking for 

21   the -- 2011, thank you.  I guess we were both 

22   feeling tired in 2012.  In 2011, when we last had 

23   this debate, you actually in response said the 

24   U.S. Bureau of Labor Statistics' Consumer Price 

25   Index might be one way to come up with a regional 


                                                               3364

 1   price differentiation.

 2                I'm just curious, if that's a good 

 3   idea, why don't we amend your bill to call for 

 4   the use of federal labor statistics data?  

 5                SENATOR YOUNG:   Thank you, Senator, 

 6   for that question.  And that's just one 

 7   suggestion.  

 8                But sometimes with the CPI there's 

 9   too much of a lag.  And so we would like to have 

10   something that is current so that it can be based 

11   on facts and data.

12                SENATOR KRUEGER:   Through you, 

13   Mr. President.  I'll speak on the bill now, thank 

14   you.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Krueger on the bill.

17                SENATOR KRUEGER:   I think the 

18   Senator and I, while we don't appear to agree on 

19   her bill, do actually agree on the fundamental 

20   question.  We think that businesses should be 

21   correctly audited and not unfairly charged taxes 

22   that they in fact did not actually collect.  

23                I think we both agree for fairness, 

24   everybody pays their taxes, and every business 

25   who receives taxes should make sure that those 


                                                               3365

 1   tax dollars are coming to the State of New York.  

 2   Because otherwise you actually do have an unfair 

 3   tax advantage to those businesses who fail to 

 4   submit their sales tax revenue to the state, 

 5   compared to the next-door neighbor's store or the 

 6   three-county-away business that is in fact 

 7   collecting and submitting their taxes.

 8                Because this is really an issue of 

 9   does the state know how to correctly calculate 

10   and collect taxes that you and I are paying that 

11   we hope are going into our Tax and Finance 

12   funds.  Because otherwise, why are we having 

13   people pay taxes, if not for us to get them to 

14   provide public services?  

15                And where we disagree is whether Tax 

16   and Finance is using the right calculations, is 

17   using the right methodology.  And I empathize 

18   that if they're not using the right methodology, 

19   we could offer a better one.  But I don't think 

20   we have come up with that yet.

21                But for the record, there is another 

22   bill carried by Senator Marcellino that I carried 

23   a similar version of at one time that would 

24   actually create black box methodology in the 

25   State of New York which is used in a number of 


                                                               3366

 1   European countries, a number of states in the 

 2   United States already, and would actually put a 

 3   simple device on the -- they're not called -- 

 4   your register.  They're called electronic 

 5   registers, I guess, today.  

 6                It puts a simple device on the 

 7   electronic register that actually keeps track 

 8   exactly of the sales and what sales tax should be 

 9   should have been collected.  And in fact the 

10   actual factual information -- not averaging or 

11   hypothetical based on looking at the business 

12   after the fact -- the actual information is 

13   provided to the Department of Tax and Finance.

14                What's fairly amazing about this 

15   technology is that the estimates are the State of 

16   New York could collect hundreds of millions of 

17   dollars per year more in sales tax.  It would not 

18   be an increase in taxes.  These are taxes already 

19   being paid by all of us.  When we shop for 

20   something and pay a sales tax, whether it's at a 

21   restaurant or a local store, that sales tax is 

22   being collected from us.

23                But black box technology being used 

24   around the world has in fact dramatically 

25   increased the payment of the actual sales tax to 


                                                               3367

 1   the government.  That would be state government 

 2   and local government.

 3                So I actually hope that Senator 

 4   Young might want to join Senator Marcellino and 

 5   myself and others in urging that we move the 

 6   black box legislation and we work with the State 

 7   of New York Department of Tax and Finance to 

 8   ensure we actually have a documentable, 

 9   trackable, scientific way to determine at 

10   businesses how much sales tax was collected and 

11   was that in fact sales tax passed on, as it 

12   should be by law, to the State of New York.  It 

13   would increase our revenue.  It does not increase 

14   anyone's tax.  And I think it would address all 

15   of the concerns Senator Young raises in her bill 

16   today.  

17                So I will continue to vote no on 

18   this bill but urge a yes vote and, as soon as 

19   possible, a vote on Senator Marcellino's black 

20   box sales tax bill.  

21                Thank you.

22                ACTING PRESIDENT GRIFFO:   Seeing 

23   and hearing no other Senator who wishes to be 

24   heard, the debate is closed.  

25                The Secretary will ring the bell.


                                                               3368

 1                Read the 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                ACTING PRESIDENT GRIFFO:   Senator 

 8   Young to explain her vote.

 9                SENATOR YOUNG:   Thank you, 

10   Mr. President.  To explain my vote.

11                ACTING PRESIDENT GRIFFO:   Order in 

12   the chamber, please.

13                Senator Young.

14                SENATOR YOUNG:   I'd like to thank 

15   all of my colleagues who are voting yes on this 

16   important piece of legislation, because you truly 

17   are supporting our small businesses.  A lot of us 

18   are working very hard on revitalizing our economy 

19   and, as I said, helping to keep the little guy in 

20   business, because that helps all of our 

21   communities.  

22                So this legislation would make sure 

23   that there's accuracy and fairness in the 

24   system.  It would make sure that Tax and Finance 

25   is doing the right things.  Because oftentimes 


                                                               3369

 1   what happens in these cases is that Tax and 

 2   Finance comes in, says there's a problem, and 

 3   then the next step is to go to an administrative 

 4   hearing, which costs a lot of money.  And in many 

 5   cases the businesses cannot afford to go through 

 6   that hearing process, and as a result they just 

 7   pay the fine, and they cave and they give up.  

 8   And then they become more and more discouraged 

 9   about being able to stay in business in New York 

10   State.  

11                So this corrects that injustice.  

12   And again, I want to thank all of my colleagues 

13   who are supporting this.  I thank Senator Krueger 

14   for her questions.  And I will be voting aye.  

15                Thank you.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Young to be recorded in the affirmative.

18                Announce the results.

19                THE SECRETARY:   In relation to 

20   Calendar Number 1243, those recorded in the 

21   negative are Senators Hoylman, Krueger, Rivera, 

22   Sanders and Serrano.  Also Senator Squadron.

23                Absent from voting are Senators 

24   Adams, Hannon, Marchione and Sampson.  

25                Ayes, 51.  Nays, 6.


                                                               3370

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1259, by Senator Robach, Senate Print 3770, an 

 5   act to amend the State Finance Law.

 6                SENATOR KRUEGER:   Explanation.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Robach, an explanation has been requested by 

 9   Senator Krueger.

10                SENATOR ROBACH:   Yes, 

11   Mr. President.  

12                This is a very straightforward bill 

13   that would try and control debt through spending, 

14   creating a cap related to inflation in our 

15   budget, and also increasing the capacity of a 

16   rainy day fund in our reserve so we could 

17   preserve quality programs.  Technically, that's 

18   what the bill does.  

19                A little bit on the personal side, I 

20   feel this bill is very needed not only for my 

21   children but the next generation in New York.  I 

22   think it would be awful for us to continue to add 

23   to our debt service of $63 billion, spend money 

24   today that our children and grandchildren will 

25   have to pay back, as well as not being a good 


                                                               3371

 1   fiscal practice.  I think that's the wrong 

 2   direction in government to go.  

 3                I'm happy to be part of a generation 

 4   where my parents and grandparents tried to leave 

 5   the world fiscally and every other way a little 

 6   bit better for me and our generation.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Krueger.

 9                SENATOR KRUEGER:   I feel like it's 

10   the oldies-but-not-goodies day on the floor of 

11   the Senate.  

12                Would the sponsor please yield to a 

13   question?  

14                SENATOR ROBACH:   Enthusiastically, 

15   Mr. President.

16                ACTING PRESIDENT GRIFFO:   The 

17   Senator yields.

18                SENATOR KRUEGER:   So the sponsor 

19   has carried this bill for several years.  So if 

20   we had passed the bill last year and it was in 

21   effect, how much would we have been able to spend 

22   in the state budget that we passed a day or two 

23   before April 1st for the fiscal year 2013-2014?  

24                SENATOR ROBACH:   I'll have to 

25   answer that a little generically.  


                                                               3372

 1                What I could say is on a good note, 

 2   for the last couple of years, partnering with 

 3   Governor Cuomo and I think logically minded 

 4   fiscally responsible people, we've passed a 

 5   couple of budgets in a row -- after a streak of 

 6   budgets that raised the budgets to much greater 

 7   than the rate of inflation -- within that cap for 

 8   the state portion of the budget, not including 

 9   money given to us by the federal government.  

10                And that seems to be not only a good 

11   fiscal practice, but at least where I live, 

12   appreciated greatly by people who have been very, 

13   very concerned with the amount of spending, the 

14   amount of debt, hence the amount of taxation.

15                So I don't know how different it 

16   would be.  But I do believe we were under the 

17   rate of inflation the last two years when we 

18   closed both a $10 billion and approximately 

19   $3 billion gap in the budget.  

20                What the exact dollar amount is, 

21   Senator Krueger, I'm not certain.  But rather 

22   than make that a practice we agree on, this bill 

23   would make it automatic that that would be the 

24   cap, not agreed upon.

25                SENATOR KRUEGER:   Through you, 


                                                               3373

 1   Mr. President, if the sponsor would continue to 

 2   yield.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   sponsor yields.

 5                SENATOR ROBACH:   Yes.

 6                SENATOR KRUEGER:   Actually, if I 

 7   might withdraw that, I would like to make a 

 8   statement and then ask a question.

 9                ACTING PRESIDENT GRIFFO:   Would you 

10   like to speak on the bill, Senator Krueger?  

11                SENATOR KRUEGER:   I would like to 

12   answer the question and then ask a follow-up 

13   question.

14                ACTING PRESIDENT GRIFFO:   I would 

15   ask you to be succinct.

16                SENATOR KRUEGER:   Very succinct.

17                So I actually did have the 

18   calculation done.  And in fact if the cap applied 

19   in the fiscal year that we are now in, if we had 

20   passed this law in a previous year, the state 

21   operating funds projected in the Division of 

22   Budget's financial plan would be $2.3 billion 

23   over what we would be allowed to spend under the 

24   cap law.

25                So in 2013-2014 if the cap had been 


                                                               3374

 1   in effect, the state operating funds -- again, 

 2   excluding all the federal money that the Senator 

 3   explained -- would be limited to $90.29 billion 

 4   dollars instead of the estimated Department of 

 5   Budget spending in this fiscal year of 92.59.  So 

 6   we would be $2.3 billion over the cap in the 

 7   budget we passed and are living under.

 8                And the Senator is right that we've 

 9   done better in the last few years.  Without a 

10   cap, we've done better.  

11                So my question to the Senator -- if 

12   he will yield, through you, Mr. President.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Robach, do you yield?  

15                SENATOR ROBACH:   Yes.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Robach yields.

18                SENATOR KRUEGER:   Thank you.

19                What $2.3 billion should we have cut 

20   out of the budget this year in order to meet the 

21   spending cap philosophy and legislation you wish 

22   was the law?

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Robach.

25                SENATOR ROBACH:   I don't want to 


                                                               3375

 1   argue the number.  I'm not sure -- according to 

 2   the Budget Department and the Governor, I don't 

 3   believe we went over the cap without putting in 

 4   other sources of revenue.

 5                But I would say this.  I don't even 

 6   know if I agree that we were over.  But whether 

 7   over, under, or not, whenever we make a budget I 

 8   think the people that elect us think we're smart 

 9   enough to come here to put a budget together that 

10   prioritizes yet has us live in our means just 

11   like people have to do every day in their 

12   business, in their own personal home and 

13   everything else.  

14                And I know it's more challenging and 

15   it's certainly more fun to make budgets -- I've 

16   been here for a decade now in the Senate -- when 

17   you have money coming in.  But when you don't, 

18   that's when you have to make the hard choices.  I 

19   think we would have to make those collectively.  

20   But that's what we need to do.  

21                What we can't do any longer, and I 

22   mean this sincerely, is what the federal 

23   government does where they know that every child 

24   from one day old to the oldest American, 

25   112 years old, however old they are, owes $53,000 


                                                               3376

 1   for services already rendered.  That's not 

 2   mortgage, college payments, car payments, 

 3   everything else.  Yet they continue to spend 

 4   money they don't have putting that debt service 

 5   on future generations.  

 6                That's what we're trying to avoid 

 7   here.  We'd have to make those decisions, 

 8   Senator Krueger, on every budget, just like we do 

 9   every year.

10                SENATOR KRUEGER:   Through you, 

11   Mr. President, on the bill.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Krueger on the bill.

14                SENATOR KRUEGER:   I thank the 

15   sponsor for his answers, as I've said in previous 

16   years.  But we're a moving target; there are new 

17   members on both sides of the aisle.

18                Several days ago we had a theme day, 

19   no unfunded mandates, no new expenditures beyond 

20   what's in the budget.  And then after that day we 

21   passed a number of bills that had unfunded 

22   mandates and new expenditures in the budget.

23                Today we are passing some of those 

24   on the floor.  I just came out of a Rules 

25   Committee where, if you added up all the new 


                                                               3377

 1   expenditures not within a budget that would be 

 2   passed into law if we passed every one of those, 

 3   it's probably close to a billion dollars, maybe 

 4   $900 million, just in one Rules Committee.

 5                So I believe we should stay within 

 6   our means.  We should be responsible 

 7   legislators.  Sometimes we are, sometimes we're 

 8   not.  In fact, in the last year or two our 

 9   budgets have better reflected the amount of money 

10   we had to spend and the spending.  

11                But government flows with the needs 

12   of the people.  There are good years, there are 

13   bad years for the economy.  There are good years, 

14   there are bad years for costs of state funding.  

15   Major disasters drive state spending.  Litigation 

16   drives state spending.  Aging of a population 

17   drives state spending.

18                What I urge this state not to do is 

19   trap itself in a spending cap that will prevent 

20   us from doing the job we ask people to elect us 

21   to do, which is to be responsible legislators.  

22   Which is to live within our means, but which is 

23   also to respond to the needs of our communities 

24   and be dynamic and be able to adjust to what's 

25   going on in a world much larger than ourselves.


                                                               3378

 1                And when I look at what has happened 

 2   in states, Mr. President, that have passed these 

 3   types of bills -- often they are called TABOR 

 4   bills -- what we have seen is very unintended 

 5   consequences and very disturbing consequences.  

 6   And it's been enough years now where these bills 

 7   have been passed -- or, in some places, now 

 8   reversed -- to see there are real impacts on real 

 9   people's lives from trapping ourselves in caps.

10                In Colorado, which has had a TABOR 

11   law, between 1992 and the early 2000s their 

12   rating as a state for the quality of their 

13   education went from 35th to 49th in the nation.  

14   By 2006, the state maintained its lowest ranking 

15   among the states.  Colorado's average pupil 

16   spending fell by more than $600 per student 

17   relative to the national average.  

18                Colorado dropped from 23rd to 48th 

19   in the nation for the percentage of pregnant 

20   women receiving adequate access to prenatal 

21   care.  It plummeted from 24th to 50th in the 

22   nation in the share of children receiving their 

23   full vaccinations.  The share of low-income 

24   children lacking health insurance doubled in 

25   Colorado since TABOR.  


                                                               3379

 1                But they suspended TABOR, and 

 2   they've been working their way back.

 3                We see from various states who have 

 4   gone down this road -- I'm using Colorado just as 

 5   one example -- again, real harm done.  There have 

 6   been academic groups who have written reports on 

 7   the dangers of spending caps.  One is from the 

 8   Citizens Budget Commission in 2010, which I'm not 

 9   going to read, for brevity's sake, highlighting 

10   how harmful this model can be.  The Center on 

11   Budget Policy Priorities, National Women's Law 

12   Center.  A study done on Connecticut's spending 

13   cap.  

14                There are the right ways and the 

15   wrong ways to try to balance our budgets, be 

16   responsible legislators, make sure that taxes 

17   that are owed are collected, as from the previous 

18   discussion and the previous bill.  But also 

19   knowing that we aren't sent here by our 

20   constituents to simply be set in a formula that 

21   can't work, particularly can't work in emergency 

22   times, in bad economic times for those who most 

23   need government services.

24                I don't believe this will become the 

25   law of New York State.  But I do urge that this 


                                                               3380

 1   house, if it's serious, accept the premises that 

 2   my colleague rightly argues in saying why we need 

 3   to be more responsible and not pass legislation 

 4   where we don't explain how we're paying for it.  

 5   Don't pass unfunded mandates without fiscal notes 

 6   explaining who, where, why is going to have to 

 7   pick up the cost.  

 8                That we do be responsible 

 9   legislators.  We don't need the spending cap.  We 

10   can look at each bill in the context of who's 

11   going to pay for it, what are we going to stop 

12   paying for because we're taking that money for 

13   this purpose.  Understanding that the decisions 

14   we make on this floor every day, year after year, 

15   now decade after decade, has translated into a 

16   very large debt.  But it's not by magic or 

17   accident.  We passed legislation that created 

18   those costs, that borrowed that money.  

19                That needs to make sure we are 

20   fiscally responsible and pay back our debts but 

21   continue to have the infrastructure that keeps 

22   New York State great, makes sure it educates its 

23   children so that people who want to have 

24   businesses here know they have the labor force 

25   they need.  And continue to be the great state 


                                                               3381

 1   that we all so proud of representing.  Every 

 2   single one of us is so proud of being the 

 3   representative of our districts.  

 4                But our decisions each day on each 

 5   bill can get us exactly where the sponsor wants 

 6   us to get without tying our hands and trapping us 

 7   into painful decisions that will cause great harm 

 8   in the short term and the long term.  

 9                I urge everyone to vote no, 

10   Mr. President.  Thank you.

11                ACTING PRESIDENT GRIFFO:   Seeing 

12   and hearing no other Senator that wishes to be 

13   heard, the debate is closed.  

14                The Secretary will ring the bell.

15                Read the last section.

16                THE SECRETARY:   Section 4.  This 

17   act shall take effect on the 30th day.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Hoylman to explain his vote.

23                SENATOR HOYLMAN:   Thank you, 

24   Mr. President.  

25                I oppose this bill, Mr. President, 


                                                               3382

 1   because it is an admission of surrender by this 

 2   body.  It is the Legislature, Mr. President, 

 3   which constitutionally has the power to set 

 4   spending, whether that be spending cuts or 

 5   spending increases.  

 6                Our constituents sent us to this 

 7   chamber to make these difficult decisions on 

 8   budget issues, and we should not, Mr. President, 

 9   abdicate this very important, this solemn 

10   responsibility through this bill.  

11                I vote no, Mr. President.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Hoylman to be recorded in the negative.

14                Announce the results.

15                THE SECRETARY:   In relation to 

16   Calendar Number 1259, those recorded in the 

17   negative are Senators Avella, Diaz, Dilan, 

18   Espaillat, Gianaris, Gipson, Hassell-Thompson, 

19   Hoylman, Krueger, Latimer, Montgomery, Parker, 

20   Peralta, Rivera, Sanders, Serrano, Smith, 

21   Squadron, Stavisky and Stewart-Cousins.

22                Absent from voting:  Senators Adams, 

23   Hannon, Marchione and Sampson.

24                Ayes, 37.  Nays, 20.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3383

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1280, by Senator Golden, Senate Print 4446B, an 

 4   act to amend the Social Services Law.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Krueger.

 7                SENATOR KRUEGER:   I'd be happy to 

 8   skip the explanation unless Senator Golden would 

 9   like to give one.

10                ACTING PRESIDENT GRIFFO:   I think 

11   he'll take the questions.  

12                Senator Golden, are you prepared?

13                (Laughter.)

14                SENATOR GOLDEN:   Yes, 

15   Mr. President.

16                ACTING PRESIDENT GRIFFO:   The 

17   Senator yields, Senator Krueger.  

18                SENATOR KRUEGER:   Thank you very 

19   much.

20                I'm curious, because I don't 

21   necessarily disagree with the Senator on much of 

22   this bill, is the Senator aware that there is an 

23   annual statistical report on the operations of 

24   New York State public assistance programs 

25   published each year that, when I went through the 


                                                               3384

 1   materials, lists out almost everything he was 

 2   asking for in this bill?

 3                SENATOR GOLDEN:   Mr. President, 

 4   what we've asked in this bill is the application 

 5   of family assistance, the number of applicants 

 6   who have declined to seek or enforce an order of 

 7   child support, the number of applicants who are 

 8   found to be in good cause but not seeking or 

 9   enforcing an order of child support, and the 

10   number of applications for family assistance that 

11   were denied because the applicant did not seek or 

12   enforce an order of child support.

13                We don't believe all of these 

14   entities are met.  And if they are met in this 

15   legislation, it would give us the barometer to 

16   understand if there needs to be changes in this 

17   legislation.

18                SENATOR KRUEGER:   Through you, 

19   Mr. President, if the sponsor would continue to 

20   yield.

21                ACTING PRESIDENT GRIFFO:   The 

22   sponsor yields.

23                SENATOR GOLDEN:   Yes, 

24   Mr. President.

25                SENATOR KRUEGER:   Does the sponsor 


                                                               3385

 1   know that the law of New York State for quite an 

 2   extended period of time has been that applicants, 

 3   recipients for public benefits cannot receive 

 4   benefits unless they cooperate with the State 

 5   Office of Temporary and Disability Assistance on 

 6   seeking child support orders, that that is the 

 7   law?

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Golden.

10                SENATOR GOLDEN:   Mr. President, I 

11   am, in fact.  And it says so in the justification 

12   on the back of the bill:  State law requires that 

13   low-income custodial parents actively seek child 

14   support from their child's non-custodial parent 

15   and show cause as to why he or she cannot seek 

16   that child support.

17                SENATOR KRUEGER:   Thank you.

18                I think the sponsor is agreeing with 

19   me that is the law of New York State.  

20                May I, through you, Mr. President, 

21   continue to ask the sponsor some questions.

22                ACTING PRESIDENT GRIFFO:   Sponsor, 

23   do you yield?

24                SENATOR GOLDEN:   Yes, 

25   Mr. President.


                                                               3386

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Senator yields.

 3                SENATOR KRUEGER:   In the bill, in 

 4   paragraph C-1, you use the term "applicants."  

 5   And I'm wondering why you're not applying the 

 6   same informational request for recipients of 

 7   public benefits, just applicants of public 

 8   benefits.  

 9                SENATOR GOLDEN:   In the City of 

10   New York the applicant is in fact also the 

11   recipient -- applicant can be acknowledged and 

12   recipient is acknowledged when the word 

13   "applicant" is there.

14                SENATOR KRUEGER:   Through you, 

15   Mr. President, if the sponsor would continue to 

16   yield.

17                SENATOR GOLDEN:   Yes, 

18   Mr. President.

19                ACTING PRESIDENT GRIFFO:   The 

20   sponsor yields.

21                SENATOR KRUEGER:   I might suggest 

22   we simply add the word "applicant/recipient" 

23   where it just says "applicant," for 

24   clarification.

25                SENATOR GOLDEN:   If you'd like me 


                                                               3387

 1   to do that, Mr. President, I will gladly do that, 

 2   if that makes Senator Krueger happy.

 3                SENATOR KRUEGER:   Thank you.  

 4                Through you, Mr. President, if the 

 5   sponsor would continue to yield.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   sponsor yields.

 8                SENATOR GOLDEN:   Yes, he does, 

 9   Mr. President.

10                SENATOR KRUEGER:   The bill talks 

11   about seeking a child support order.  My 

12   understanding was that what is actually asked is 

13   to assign their rights to child support.  

14                So I'm just wondering how would the 

15   Senator be proposing we change current law by 

16   tracking the seeking of a child support order.  

17   As opposed to current law, which is assigning the 

18   child support rights and cooperating with the 

19   establishment of paternity, child support, and 

20   enforcement of the child support order.

21                SENATOR GOLDEN:   We don't change 

22   the law, Mr. President.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Krueger.

25                SENATOR KRUEGER:   Thank you.


                                                               3388

 1                So if through you, Mr. President, 

 2   the Senator would continue to yield.

 3                SENATOR GOLDEN:   Yes, I do, 

 4   Mr. President.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   sponsor yields.

 7                SENATOR KRUEGER:   So the purpose of 

 8   the bill is to track certain information in order 

 9   to determine how we're doing with all this.  

10                You know what, I'm going to speak on 

11   the bill briefly.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Krueger on the bill.

14                SENATOR GOLDEN:   Thank you, 

15   Mr. President.

16                SENATOR KRUEGER:   I appreciate the 

17   sponsor's answers.  I actually think that the 

18   sponsor is not wrong to want all this 

19   information.  I think that OTDA provides a report 

20   that provides quite a bit of the information.  

21                I do think there are more questions 

22   that should be asked and that the language should 

23   be a bit clearer in the bill about what actual 

24   law is versus what we're asking OTDA to track.  

25   Because if we ask them to track something that 


                                                               3389

 1   they actually don't do because it's not the law, 

 2   the sponsor is not going to get the information 

 3   he is looking for.

 4                I think it is very important that 

 5   when looking at this type of data you keep in 

 6   context that there are certain exceptions from 

 7   the law from for very good reasons, particularly 

 8   when it comes to child support enforcement and 

 9   people who have been victims of domestic violence 

10   and sexual assault from within their own family, 

11   that there are very specific exclusions from the 

12   law for not having to participate in assigning 

13   their rights or testify in court because in fact 

14   it can and has been dangerous when people who 

15   have fled abuse are forced to go back into court 

16   against their abuser.

17                But I agree that this is not a bill 

18   to change the law.  I believe it is a bill to try 

19   to collect the data to get a better understanding 

20   of who, what, where in child support 

21   enforcement.  And hopefully with data could come 

22   good legislation and adjustments that might be 

23   needed.  

24                But again, I will happily share my 

25   technical concerns with the sponsor and hope that 


                                                               3390

 1   we might actually be able to write a bill that 

 2   would correctly get the information I believe the 

 3   sponsor is seeking.

 4                But I will turn all of you to the 

 5   attention that much of this already exists on an 

 6   annual basis available on your local computer 

 7   from the Office of Temporary and Disability 

 8   Assistance.

 9                I vote yes.  Thank you, 

10   Mr. President.

11                ACTING PRESIDENT GRIFFO:   Thank 

12   you, Senator Krueger.

13                Seeing and hearing no other Senator 

14   that wishes to be heard, the debate is closed.  

15                The Secretary will ring the bell.

16                Read the last section.

17                THE SECRETARY:   Section 3.  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, 57.  

23                Absent from voting:  Senators Adams, 

24   Bonacic, Hannon and Sampson.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3391

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1286, by Senator Maziarz, Senate Print 4904, an 

 4   act to amend the Agriculture and Markets Law.

 5                SENATOR KRUEGER:   Explanation.

 6                ACTING PRESIDENT GRIFFO:   An 

 7   explanation has been requested by Senator 

 8   Krueger, Senator Maziarz.

 9                SENATOR MAZIARZ:   Thank you very 

10   much, Mr. President.

11                This bill requires notice to the 

12   owner of a farm operation when a FOIL request has 

13   been made about their particular farm.  The 

14   notice must be provided in writing within five 

15   business days and include the name and address of 

16   the person or entity who is requesting the 

17   information.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Krueger.

20                SENATOR KRUEGER:   Thank you, 

21   Mr. President.  If through you the sponsor would 

22   yield.

23                SENATOR MAZIARZ:   Certainly, 

24   Mr. President.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               3392

 1   sponsor yields.

 2                SENATOR KRUEGER:   The bill talks 

 3   about farm operations --

 4                ACTING PRESIDENT GRIFFO:   Can I get 

 5   a little order in the house, please?

 6                Senator Krueger, you may ask your 

 7   question.

 8                SENATOR KRUEGER:   Thank you.

 9                The bill defines the universe as 

10   farm operations.  Are those all farms or just 

11   particular types of farms under the law?

12                SENATOR MAZIARZ:   Mr. President, 

13   through you.  The answer to the question is that 

14   they are all farms.

15                SENATOR KRUEGER:   They're all 

16   farms, thank you.

17                Through you, Mr. President, if the 

18   sponsor would continue to yield.

19                ACTING PRESIDENT GRIFFO:   The 

20   sponsor yields.

21                SENATOR KRUEGER:   It's my 

22   understanding that there's a current model for 

23   dealing with FOIL requests for farms.  Could the 

24   sponsor explain to me how his bill would change 

25   the current system?


                                                               3393

 1                SENATOR MAZIARZ:   Through you, 

 2   Mr. President, yes.  

 3                This would require the agency -- in 

 4   this case, most probably the Department of Ag and 

 5   Markets -- to notify the farmer, the farm owner, 

 6   when a FOIL request had been made, what the 

 7   request was, and who it was made by.

 8                SENATOR KRUEGER:   Through you, 

 9   Mr. President, if the sponsor would continue to 

10   yield.

11                SENATOR MAZIARZ:   Certainly, 

12   Mr. President.

13                ACTING PRESIDENT GRIFFO:   The 

14   sponsor yields.

15                SENATOR KRUEGER:   So my 

16   understanding is that the FOIL statute in 

17   New York State requires every state agency to 

18   address the exception issues under the Public 

19   Officers Law, Section 87(2), and that Ag and 

20   Markets has promulgated regulations regarding 

21   such FOIL requests for exactly this situation.

22                I'm wondering why we need this law 

23   or how it would change the current process by 

24   which FOIL requests are handled, farmers are 

25   notified, and information is transferred.


                                                               3394

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Maziarz.

 3                SENATOR MAZIARZ:   Thank you very 

 4   much, Mr. President.  Through you, it's a very 

 5   good question by my colleague.  

 6                And I would say that rather than 

 7   doing it through the regulatory process -- which, 

 8   you know, could change based on various 

 9   administrations -- this would actually put it in 

10   statute.  

11                This legislation was requested by 

12   the New York State Farm Bureau.  And as you know, 

13   they have a deep concern on farms today with the 

14   type of not equipment but material that is used 

15   on a farm today, with bioterrorism.  There have 

16   been, you know, instances where it's become a 

17   homeland security issue.

18                So I would say that the answer to 

19   your question, Senator, is that having it done in 

20   statute as opposed to regulation, which could 

21   easily be changed by a future administration, a 

22   future commissioner of Agriculture and Markets, 

23   that I think the Farm Bureau certainly felt that 

24   this was a better option.

25                SENATOR KRUEGER:   Through you, 


                                                               3395

 1   Mr. President.  Thank the sponsor.

 2                ACTING PRESIDENT GRIFFO:   Are you 

 3   on the bill, Senator Krueger?  

 4                SENATOR KRUEGER:   I am on the bill.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Krueger on the bill.

 7                SENATOR KRUEGER:   Thank you.

 8                So it is under statute.  It's under 

 9   the Freedom of Information Law statute.  And it 

10   does have regs.  And so the sponsor is correct 

11   this would require, under a new statute, for 

12   Ag and Markets to come up with different or the 

13   same regs.  

14                I guess my only point is if it's 

15   already a law and it's already regulation, I'm a 

16   little confused why we are passing another law 

17   requiring new regulations to be written.  But 

18   maybe the intent, I believe the sponsor said of 

19   the Farm Bureau, was to clarify in some way a 

20   different process that should be used under the 

21   law and new regulations.  

22                And I will -- and I'm open to that, 

23   because I actually do recognize there are good 

24   reasons why anyone who provides information to 

25   the government, that that information is by 


                                                               3396

 1   definition at a certain level public.  But there 

 2   are very legitimate reasons why companies, 

 3   including farms large and small, would want to 

 4   make sure that they are advised of this request.  

 5   And if they believe there is some conflict for 

 6   that information to be provided, there are models 

 7   for redacting.  

 8                There are concerns about businesses 

 9   attempting to steal each other's trade secrets, 

10   somebody trying to find out your budget or your 

11   costs in order to perhaps try to lower a selling 

12   price in a negotiation.  There may be specific 

13   reasons why larger farm corporations have more 

14   complicated books and issues than a small family 

15   farm.

16                I certainly hope if this becomes law 

17   the one thing we don't do is come up with a new 

18   statute and new regulations that might conflict 

19   with the existing ones and put the farmers in the 

20   situation where they now are having to respond to 

21   two different laws, two different divisions of 

22   state government, and perhaps two different 

23   processes for providing them the information and 

24   getting them to respond.

25                I am quite sure the sponsor doesn't 


                                                               3397

 1   want duplicative or conflicting or confusing law 

 2   and regulations.  So I will just give my warning 

 3   that I don't believe that that's either of our 

 4   goal, and I will vote for his bill.  

 5                Thank you.

 6                ACTING PRESIDENT GRIFFO:   Seeing 

 7   and hearing no other Senator that wishes to be 

 8   heard, debate is closed.  

 9                The Secretary will ring the bell.

10                Read the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT GRIFFO:   Announce 

17   the results.

18                THE SECRETARY:   In relation to 

19   Calendar Number 1286, those recorded in the 

20   negative are Senators Avella and Espaillat.  

21                Absent from voting:  Senators Adams, 

22   Bonacic, Hannon and Sampson.

23                Ayes, 55.  Nays, 2.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3398

 1                Senator Libous, that completes the 

 2   controversial reading of the calendar.  

 3                SENATOR LIBOUS:   Thank you, 

 4   Mr. President.  

 5                Could you call on Senator Gianaris 

 6   and then come back to me, and we're going to 

 7   return to motions.

 8                ACTING PRESIDENT GRIFFO:   Returning 

 9   to motions and resolutions.

10                Senator Gianaris.

11                SENATOR GIANARIS:   Thank you, 

12   Mr. President.  

13                On behalf of Senator O'Brien, I move 

14   that the following bill be discharged from its 

15   respective committee and be recommitted with 

16   instructions to strike the enacting clause:  

17   Senate 3940.

18                ACTING PRESIDENT GRIFFO:   So 

19   ordered.

20                SENATOR GIANARIS:   On behalf of 

21   Senator Gipson, on page 48 I offer the following 

22   amendments to Calendar Number 1075, Senate Print 

23   5411, and ask that said bill retain its place on 

24   Third Reading Calendar.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               3399

 1   amendments are received, and the bill shall 

 2   retain its place on third reading.

 3                SENATOR GIANARIS:   On behalf of 

 4   Leader Stewart-Cousins, on page 19 I offer the 

 5   following amendments to Calendar 491, Senate 

 6   Print 4241A, and ask that said bill retain its 

 7   place on Third Reading Calendar.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   amendments are received, and the bill shall 

10   retain its place on third reading.

11                SENATOR GIANARIS:   And on behalf of 

12   Senator Latimer, I move that the following bill 

13   be discharged from its respective committee and 

14   be recommitted with instructions to strike the 

15   enacting clause:  Senate Print 5065B.

16                ACTING PRESIDENT GRIFFO:   So 

17   ordered.

18                Senator Libous.

19                SENATOR LIBOUS:   Mr. President, on 

20   behalf of Senator Ball, on page 41 I offer the 

21   following amendments to Calendar Number 934, 

22   Senate Print 4914A, and ask that said bill retain 

23   its place on the Third Reading Calendar.

24                ACTING PRESIDENT GRIFFO:   The 

25   amendments are received, and the bill shall 


                                                               3400

 1   retain its place on third reading.

 2                SENATOR LIBOUS:   Thank you, 

 3   Mr. President.  

 4                And on behalf of Senator LaValle, on 

 5   page 23 I offer the following amendments to 

 6   Calendar Number 580, Senate Print 2219, and ask 

 7   that said bill retain its place on Third Reading 

 8   Calendar.

 9                ACTING PRESIDENT GRIFFO:   The 

10   amendments are received, and the bill shall 

11   retain its place on third reading.

12                SENATOR LIBOUS:   I believe Senator 

13   Valesky has a motion also.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Valesky.

16                SENATOR VALESKY:   Apparently I do, 

17   Mr. President.

18                On page 17, on behalf of Senator 

19   Klein, I offer the following amendments to 

20   Calendar Number 445, Senate Bill 2432, and ask 

21   that said bill retain its place on the Third 

22   Reading Calendar.

23                ACTING PRESIDENT GRIFFO:   The 

24   amendments are received, and the bill shall 

25   retain its place on third reading.


                                                               3401

 1                Senator Libous.

 2                SENATOR LIBOUS:   Mr. President, we 

 3   have a little bit more work to do.  

 4                I believe everybody has a copy of 

 5   Senate Supplemental Calendar 51A on their desk.  

 6   At this time I'd like to take up that calendar, 

 7   noncontroversial reading.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   1298, by Senator Parker, Senate Print 2636, an 

12   act to amend the Municipal Home Rule Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 180th day.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 60.  Nays, 

21   1.  Senator Marcellino recorded in the negative.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1299, by Senator Parker, Senate Print 2838, an 


                                                               3402

 1   act in relation to requiring.

 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, 57.  Nays, 

10   4.  Senators Ball, Marcellino, Marchione and 

11   O'Mara recorded in the negative.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:  With respect to 

15   Calendar Number 1300, Senator Parker moves to 

16   discharge, from the Committee on Finance, 

17   Assembly Bill Number 371 and substitute it for 

18   the identical Senate Bill Number 5388, Third 

19   Reading Calendar 1300.

20                ACTING PRESIDENT GRIFFO:   The 

21   substitution is so ordered, and the Secretary 

22   will read.

23                THE SECRETARY:   Calendar Number 

24   1300, by Member of the Assembly Dinowitz, 

25   Assembly Print Number 371, an act to amend the 


                                                               3403

 1   Executive 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, 61.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1301, by Senator Adams, Senate Print 5707, an act 

14   to amend the Social Services Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  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                ACTING PRESIDENT GRIFFO:   Announce 

23   the results.

24                THE SECRETARY:   In relation to 

25   Calendar 1301, those recorded in the negative are 


                                                               3404

 1   Senators Farley, Griffo and Marcellino.  

 2                Ayes, 58.  Nays, 3.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                Senator Libous, that completes the 

 6   noncontroversial reading of Supplemental Senate 

 7   Calendar 51A.

 8                SENATOR LIBOUS:   Thank you, 

 9   Mr. President.

10                For a moment the Senate needs to 

11   just take a deep breath until we get some stuff 

12   passed out, and then we're going to do a couple 

13   of other bills.  

14                (Pause.)

15                SENATOR LIBOUS:   Mr. President.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Libous.

18                SENATOR LIBOUS:   We have a 

19   supplemental active list before us with two bills 

20   on it.  Could we have the noncontroversial 

21   reading of that list.

22                ACTING PRESIDENT GRIFFO:   The 

23   Secretary will read.

24                THE SECRETARY:   With regard to 

25   Calendar Number 1066, on page 48 Senator Grisanti 


                                                               3405

 1   moves to discharge, from the Committee on Local 

 2   Government, Assembly Bill Number 7367 and 

 3   substitute it for the identical Senate Bill 

 4   Number 5191A, Third Reading Calendar 1066.

 5                ACTING PRESIDENT GRIFFO:    

 6   Substitution so ordered.

 7                The Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   1066, by Member of the Assembly Ryan, Assembly 

10   Print Number 7367, an act to amend Chapter 824 of 

11   the Laws of 1933.

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                ACTING PRESIDENT GRIFFO:   Senator 

20   Grisanti to explain his vote.

21                SENATOR GRISANTI:   Thank you, 

22   Mr. President.

23                My fellow colleagues, at the present 

24   time we have deadlocked at the PBA, which is the 

25   public bridge authority that connects Canada and 


                                                               3406

 1   Western New York.  Believe it or not, it's a 

 2   10-member board; they have five Canadians and 

 3   five Americans.  This is not about 

 4   American versus Canadian citizens.  This is about 

 5   a board, five Canadians, five Americans.  It's an 

 6   authority.  

 7                While there is deadlock, nothing is 

 8   being done.  That has been the problem for over 

 9   two decades, 20 years with regard to this bridge 

10   authority.  

11                The issue that is deadlocked now I 

12   hope gets resolved.  The PBA has done some 

13   environmental reviews, approved what I call 

14   cosmetic-type makeup projects to the plaza on the 

15   U.S. side, at the cost of under about 

16   $50 million.  But on the Canadian side, there was 

17   about $120 million.  

18                The problem is that the plaza needs 

19   to be done on how Western New York and how New 

20   York State sees fit.  When the PBA agreed on the 

21   Canadian plaza, we didn't dictate how their plaza 

22   should be built, and it's a beautiful plaza.  

23                The general manager of the board, 

24   who is part of the Canadian five, stated in his 

25   own words that congestion entering the U.S. 


                                                               3407

 1   remains a problem given more stringent custom 

 2   procedures and an ill-functioning plaza.  Yet in 

 3   the same breath he states that by virtue of the 

 4   PBA's much greater land holdings in Canada, there 

 5   is less pressure to expand the U.S. plaza in 

 6   Buffalo.

 7                Now, it's simple, ladies and 

 8   gentlemen.  Western New York, the Governor, we 

 9   want to do a bigger and better plaza to move 

10   truck and vehicular access off the bridge to 

11   improve the air quality, to restore the Olmsted 

12   Park that used to be in existence there, to have 

13   a wonderful gateway into New York and Western 

14   New York area from Canada, and to move trade and 

15   commerce back and forth across the bridge rather 

16   than these trucks sitting, sitting on the bridge, 

17   causing asthma and other problems in the region.

18                Also, New York has the ability to do 

19   design-and-build legislation, where the PBA does 

20   not.  And what that will do is move the projects 

21   faster.  It also, as I understand it, the way I 

22   believe it, is that projects also can be done at 

23   the same time.  That includes the pre-inspection 

24   of trucks on the Canadian side, which is set to 

25   start and have a pilot project in 2015; the U.S. 


                                                               3408

 1   plaza upgrades, which we want to start now -- we 

 2   don't want to wait until 2015, 2016, 2017, all 

 3   the way up to 2020.  We want to start it now -- 

 4   and the redecking of the bridge.  But 

 5   interestingly enough, the redecking has not been 

 6   voted on or approved by the PBA.  

 7                So this legislation, ladies and 

 8   gentlemen, simply says this.  If the current 

 9   board is able to come together around a common 

10   purpose, they can issue new debt any time that 

11   they feel fit before July of 2014.  They would be 

12   able to remain an authority, and this legislation 

13   will have no practical impact on the PBA.  

14                If, however, the PBA is not able to 

15   resolve this deadlock and their difference, the 

16   issue of new debt prior to July of 2014, they 

17   will have to make their final debt payment on 

18   that date, and by operation of law they shall 

19   dissolve as an authority.  

20                So the dissolution is not up to this 

21   piece of legislation.  The dissolution is up to 

22   the board and to see if they can come and have 

23   this issue resolved.  

24                I urge all my colleagues to vote yes 

25   for this piece of legislation.  I know that's 


                                                               3409

 1   been 20 years.  How do I know?  Because the Peace 

 2   Bridge Authority bought one of the houses that 

 3   was just knocked down four months ago 20 years 

 4   ago and left it in blight for 20 years along with 

 5   eight others and an Episcopal church home.  And 

 6   how do I know that?  I was the attorney that 

 7   closed the deal 20 years ago on that property.  

 8                I vote aye, Mr. President.  Thank 

 9   you very much.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Grisanti, sponsor of the bill, votes in the 

12   affirmative and has five minutes to explain his 

13   vote.  

14                The remaining members now have two 

15   minutes.  

16                Senator Maziarz to explain his vote.

17                SENATOR MAZIARZ:   Thank you very 

18   much, Mr. President, for reminding everyone of 

19   that rule when I got up to speak.  I appreciate 

20   that.  

21                (Laughter.)

22                SENATOR MAZIARZ:   I will try to be 

23   even more brief than that, Mr. President.  

24                I just want to thank Senator 

25   Grisanti for sponsoring this bill and bringing it 


                                                               3410

 1   forward.  This is important to Western New York.  

 2                You know, the bottom line in this 

 3   whole thing, there has been so much stated in the 

 4   media about Canada versus the U.S.  The bottom 

 5   line is that in 20 years, 20 years, this issue 

 6   has been talked about, debated, stalled on the 

 7   American side while a $100 million investment has 

 8   been made on the Canadian side of the 

 9   Peace Bridge.

10                I want to commend my colleague in 

11   the Assembly.  Assemblyman Sean Ryan has done an 

12   excellent job of bringing this legislation 

13   forward, of explaining this legislation.  

14                You know, there are some people who 

15   will say -- most of them elected officials with 

16   very little knowledge of this -- that the sun 

17   won't come up tomorrow in Western New York if 

18   this legislation is passed.

19                There are something like over 

20   30 bridges between the United States and Canada.  

21   There are 21 different management structures.  

22   This authority has not, has not done its job, 

23   particularly on the U.S. side of the border.  

24                I wholeheartedly support this 

25   legislation.  It passed today in the Assembly.  


                                                               3411

 1   It should pass here.  And hopefully, hopefully 

 2   this will stimulate movement of something of an 

 3   appropriate plaza being built on the U.S. side of 

 4   the Peace Bridge.  

 5                Thank you, Mr. President.  Was that 

 6   under two minutes, Mr. President?  

 7                ACTING PRESIDENT GRIFFO:    

 8   Phenomenal.  You're always very succinct.

 9                SENATOR MAZIARZ:   I vote in the 

10   affirmative, Mr. President.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Maziarz to be recorded in the affirmative.  And 

13   you're still under the two minutes.  

14                Announce the results.

15                THE SECRETARY:   Ayes, 61.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1347, by Senator Carlucci, Senate Print 4499, an 

20   act to amend the Mental Hygiene Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect August 1, 2014.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3412

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Robach to explain his vote.

 5                SENATOR ROBACH:   Yes, 

 6   Mr. Speaker -- I mean Mr. President.  Freudian 

 7   slip.

 8                Very quickly, I understand the 

 9   intent of this bill.  But I'm going to vote no 

10   because I think that with everything that's going 

11   on in schools and everything else, that the age 

12   limit of going to fourth grade is a little bit 

13   too young for this.  

14                And I think that literally you will 

15   be introducing some people to the concept of 

16   gaming that may not even know about it unless 

17   they're taught in school.  

18                And oftentimes I hear parents say to 

19   me "Why aren't we focusing on the basics?"  And 

20   so I just have some concern with the age level of 

21   this going down to fourth grade.  

22                Thank you, Mr. President.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Robach to be recorded in the negative.

25                Senator Young to explain her vote.


                                                               3413

 1                Again, I ask for order in the 

 2   chamber.

 3                Senator Young.

 4                SENATOR YOUNG:   Thank you, 

 5   Mr. President, to explain my vote.

 6                I commend the sponsor of this 

 7   legislation.  And I understand his intention, 

 8   which is very good.  I think that maybe we should 

 9   take a look at the age ranges that they have in 

10   this legislation.  

11                So for now, I'm going to be voting 

12   aye, but hopefully we can continue to work with 

13   the sponsor possibly to make some tweaks to the 

14   legislation.  So I'll be voting in the 

15   affirmative.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Young to be recorded in the affirmative.

18                Senator Diaz to explain his vote.

19                SENATOR DIAZ:   Thank you, 

20   Mr. President.

21                I am not intending to follow Senator 

22   Krueger, but I would say that nowadays, based on 

23   what Senator Robach said, nowadays what you're 

24   teaching children, even to give a pill to do 

25   abortion -- and to do worse things -- I think 


                                                               3414

 1   that Senator Carlucci is having something worth 

 2   looking at, to teach and prevent our youth of 

 3   something called gambling.  

 4                And, Senator Robach, I understand 

 5   what you're saying.  But remember -- and again, 

 6   I'm going to repeat -- that they are teaching in 

 7   our schools to our children worse things than to 

 8   prevent them -- than to teach them to avoid 

 9   gambling.

10                So, Senator Carlucci, thank you very 

11   much for this bill.  It's a good bill.  And I am 

12   voting in favor, Mr. President.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Diaz to be recorded in the affirmative.

15                Senator Marcellino to explain his 

16   vote.

17                SENATOR MARCELLINO:   Mr. President, 

18   I commend my colleague Senator Carlucci for this 

19   concept in the bill.  

20                I would be happy to work with him.  

21   Perhaps we could hone it a little bit and fix it 

22   and correct it.  But I think it's well intended.  

23   I think it sends the message to our young people 

24   that gambling isn't the greatest thing in the 

25   world and they should perhaps look at 


                                                               3415

 1   other avenues to get their fun and their 

 2   recreation.  

 3                My initial instinct was to vote no, 

 4   but on reconsideration I change my vote to aye.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Marcellino to be recorded in the affirmative.

 7                Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 1347, those recorded in the 

10   negative are Senators Ball, Breslin, Dilan, 

11   Felder, Fuschillo, Gianaris, Gipson, 

12   Hassell-Thompson, Hoylman, Kennedy, Krueger, 

13   Latimer, Martins, Montgomery, O'Brien, Parker, 

14   Peralta, Rivera, Sanders, Serrano, Squadron, 

15   Stavisky, Stewart-Cousins, Tkaczyk and Zeldin.

16                Ayes, 36.  Nays, 25.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                Senator Libous, that completes the 

20   noncontroversial reading of the supplemental 

21   calendar.

22                SENATOR LIBOUS:   Mr. President.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Libous.

25                SENATOR LIBOUS:   Mr. President, can 


                                                               3416

 1   we go back to motions, please.

 2                ACTING PRESIDENT GRIFFO:   We'll 

 3   return to motions and resolutions.

 4                SENATOR LIBOUS:   On behalf of 

 5   Senator LaValle, I want to call up his bill, 

 6   Senate Print 4104, recalled from the Assembly, 

 7   which is now at the desk.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   1191, by Senator LaValle, Senate Print 4104, an 

12   act to amend the Town Law.

13                SENATOR LIBOUS:   Mr. President, I 

14   move to reconsider the vote by which this bill 

15   was passed.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll on reconsideration.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 61.

20                SENATOR LIBOUS:   Mr. President, I 

21   offer up the following amendments.

22                ACTING PRESIDENT GRIFFO:   The 

23   amendments are received.

24                Senator Libous.

25                SENATOR LIBOUS:   Mr. President, on 


                                                               3417

 1   behalf of Senator Young, on page 18 I offer the 

 2   following amendments to Calendar Number 474, 

 3   Senate Print 4395, and ask that said bill retain 

 4   its place on the Third Reading Calendar.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   amendments are received, and the bill shall 

 7   retain its place on third reading.

 8                SENATOR LIBOUS:   Mr. President, is 

 9   there any further business at the desk?  

10                ACTING PRESIDENT GRIFFO:   There is 

11   no further business before the desk.

12                SENATOR LIBOUS:   There being no 

13   further business at the desk, Mr. President, I 

14   move that the Senate adjourn until Thursday, 

15   June 13th, at 11:00 a.m.

16                ACTING PRESIDENT GRIFFO:   On 

17   motion, the Senate stands adjourned until 

18   Thursday, June 13th, at 11:00 a.m.  

19                Senate adjourned.

20                (Whereupon, at 5:50 p.m., the Senate 

21   adjourned.)

22

23

24

25