Regular Session - June 13, 2013

                                                                   3418

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 13, 2013

11                     11:58 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID J. VALESKY, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               3419

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

 2                ACTING PRESIDENT VALESKY:   The 

 3   Senate will come to order.

 4                I ask everyone present to please 

 5   rise and recite with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT VALESKY:   With us 

10   today to offer an invocation is Rabbi David 

11   Berkman, from the New City Jewish Center in 

12   New City.

13                RABBI BERKMAN:   Thank you.

14                Good morning, ladies and 

15   gentlemen.  And I want to thank Senator Carlucci 

16   for inviting me and giving me this great honor 

17   to be here with you this morning.

18                I will not be invoking God's 

19   blessing for rain this morning, as we are 

20   already covered, literally.  But I will share 

21   with you an important lesson from last Sabbath's 

22   scriptural reading, the parsha.  

23                Returning to the Book of Numbers, 

24   we find the famous narrative of Korach's 

25   rebellion.  Like Moses and Aaron, Korach is a 


                                                               3420

 1   fellow Levite.  He argues with Moses and Aaron, 

 2   accusing them of taking too much power for 

 3   themselves.  He says:  "All of the nation is 

 4   holy, and God lives among all of us.  Who puts 

 5   you above others?"  

 6                And as a result of his rebellion, 

 7   Korach and his followers suffer a terrible fate 

 8   as they are swallowed up by the earth.  

 9                The rabbis of our tradition ask the 

10   question, What is it about Korach's complaint, 

11   his argument, that warranted such a terrible 

12   punishment, such a terrible end?  After all, we 

13   are a people who regularly engage in debate, and 

14   the Bible is full of stories of dissent and 

15   disagreement.  And the canon of our entire 

16   Talmud is a collection of discussions and 

17   arguments between the ancient sages seeking to 

18   understand the true meaning of the law.  What 

19   was different for Korach?  

20                The difference, the rabbis suggest, 

21   was that Korach had another agenda.  He was not 

22   interested in finding a higher truth, he was not 

23   interested in improving the lot of his people, 

24   he was driven by one thing only.  He was driven 

25   by jealousy.


                                                               3421

 1                The Mishnah, or oral law, teaches 

 2   us that there two different kinds of 

 3   disagreements.  One is the disagreement between 

 4   sages that reflect their effort to arrive at an 

 5   understanding of true meaning of God's word, and 

 6   these disagreements are deemed l'shem shamayim, 

 7   "for the sake of heaven."  What was an example 

 8   of the argument that was not l'shem shamayim, 

 9   asks the Mishnah rhetorically.  It was Korach's 

10   rebellion.  

11                Ladies and gentlemen, we look to 

12   you, we depend on you to lead the people of this 

13   great State of New York as you engage in the 

14   discussions and the sharing of ideas and 

15   perspectives that make this country the greatest 

16   democracy in the world.  

17                As you debate and argue, and at 

18   times with great passion, may you always 

19   remember your mission.  May God grant you the 

20   wisdom and, most of all, may God grant you the 

21   courage to ensure that all of your discussions 

22   are oriented to finding the truth and making our 

23   State of New York a greater place to live.  

24                May all of your deliberations be 

25   l'shem shamayim, for the sake of heaven.  


                                                               3422

 1                Amen.

 2                ACTING PRESIDENT VALESKY:   The 

 3   reading of the Journal.  

 4                The Secretary will read.

 5                THE SECRETARY:   In Senate, 

 6   Wednesday, June 12th, the Senate met pursuant to 

 7   adjournment.  The Journal of Tuesday, June 11th, 

 8   was read and approved.  On motion, Senate 

 9   adjourned.

10                ACTING PRESIDENT VALESKY:   Without 

11   objection, the Journal stands approved as read.

12                Presentation of petitions.  

13                Messages from the Assembly.

14                The Secretary will read.

15                THE SECRETARY:   On page 6, Senator 

16   Maziarz moves to discharge, from the Committee on 

17   Transportation, Assembly Bill Number 2024A and 

18   substitute it for the identical Senate Bill 

19   Number 1095A, Third Reading Calendar 136.

20                On page 6, Senator Valesky moves to 

21   discharge, from the Committee on Civil Service 

22   and Pensions, Assembly Bill Number 2888 and 

23   substitute it for the identical Senate Bill 

24   Number 2587, Third Reading Calendar 149.  

25                On page 7, Senator Golden moves to 


                                                               3423

 1   discharge, from the Committee on Housing, 

 2   Construction and Community Development, Assembly 

 3   Bill Number 4874A and substitute it for the 

 4   identical Senate Bill Number 3754B, Third Reading 

 5   Calendar 175.

 6                On page 13, Senator Little moves to 

 7   discharge, from the Committee on Civil Service 

 8   and Pensions, Assembly Bill Number 4963 and 

 9   substitute it for the identical Senate Bill 

10   Number 3182, Third Reading Calendar 380.  

11                On page 40, Senator Golden moves to 

12   discharge, from the Committee on Civil Service 

13   and Pensions, Assembly Bill Number 7125 and 

14   substitute it for the identical Senate Bill 

15   Number 4070, Third Reading Calendar 937.

16                On page 53, Senator Hannon moves to 

17   discharge, from the Committee on Health, Assembly 

18   Bill Number 6724B and substitute it for the 

19   identical Senate Bill Number 5539, Third Reading 

20   Calendar 1172.

21                On page 57, Senator Serrano moves to 

22   discharge, from the Committee on Rules, Assembly 

23   Bill Number 2425 and substitute it for the 

24   identical Senate Bill Number 1030, Third Reading 

25   Calendar 1304.


                                                               3424

 1                On page 57, Senator LaValle moves to 

 2   discharge, from the Committee on 

 3   Transportation --

 4                SENATOR LIBOUS:   Mr. President, I 

 5   can't hear.  There's a lot of stuff going on here 

 6   today.

 7                ACTING PRESIDENT VALESKY:   Let's 

 8   keep the stuff to a minimum.

 9                The Secretary will continue.

10                THE SECRETARY:   On page 57, Senator 

11   LaValle moves to discharge, from the Committee on 

12   Transportation, Assembly Bill Number 1457 and 

13   substitute it for the identical Senate Bill 

14   Number 1855, Third Reading Calendar 1309.

15                On page 61, Senator O'Mara moves to 

16   discharge, from the Committee on Civil Service 

17   and Pensions, Assembly Bill Number 6687 and 

18   substitute it for the identical Senate Bill 

19   Number 4662, Third Reading Calendar 1350.

20                On page 63, Senator Larkin moves to 

21   discharge, from the Committee on Local 

22   Government, Assembly Bill Number 6648 and 

23   substitute it for the identical Senate Bill 

24   Number 5642, Third Reading Calendar 1370.

25                On page 63, Senator Martins moves to 


                                                               3425

 1   discharge, from the Committee on Education, 

 2   Assembly Bill Number 6708 and substitute it for 

 3   the identical Senate Bill Number 5646, Third 

 4   Reading Calendar 1371.

 5                And on page 63, Senator Valesky 

 6   moves to discharge, from the Committee on 

 7   Commerce and Economic Development, Assembly Bill 

 8   Number 7483 and substitute it for the identical 

 9   Senate Bill Number 5659, Third Reading Calendar 

10   1372.

11                ACTING PRESIDENT VALESKY:    

12   Substitutions ordered.

13                Messages from the Governor.

14                Reports of standing committees.

15                Reports of select committees.

16                Communications and reports from 

17   state officers.

18                Motions and resolutions.

19                Senator Libous.

20                SENATOR LIBOUS:   Mr. President, at 

21   this time could we adopt the Resolution Calendar, 

22   with the exception of Resolution Number 2243.

23                ACTING PRESIDENT VALESKY:   All in 

24   favor of adopting the Resolution Calendar, with 

25   the exception of Resolution 2243, signify by 


                                                               3426

 1   saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT VALESKY:   Opposed, 

 4   nay.  

 5                (No response.)

 6                ACTING PRESIDENT VALESKY:   The 

 7   Resolution Calendar is adopted.

 8                SENATOR LIBOUS:   Mr. President, 

 9   unfortunately it's that time of year and I have a 

10   number of motions that I need to read.

11                On behalf of Senator Marcellino, 

12   Mr. President, I move to amend Senate Bill 3812A 

13   by striking out the amendments made on May 20th 

14   and restoring it to its original print, 3812.

15                ACTING PRESIDENT VALESKY:   So 

16   ordered.

17                SENATOR LIBOUS:   On behalf of 

18   Senator Martins, I move that the following bill 

19   be discharged from its respective committee and 

20   be recommitted with instructions to strike the 

21   enacting clause:  Senate Print 5674.

22                ACTING PRESIDENT VALESKY:   So 

23   ordered.

24                SENATOR LIBOUS:   On behalf of 

25   Senator Lanza, on page 8 I offer the following 


                                                               3427

 1   amendments to Calendar Number 198, Senate Print 

 2   3702A, and ask that said bill retain its place on 

 3   the Third Reading Calendar.

 4                ACTING PRESIDENT VALESKY:   So 

 5   ordered.

 6                SENATOR LIBOUS:   On behalf of 

 7   Senator Fuschillo, on page 29 I offer the 

 8   following amendments to Calendar 799, Senate 

 9   Print 4862A, and ask that said bill retain its 

10   place on the Third Reading Calendar.

11                ACTING PRESIDENT VALESKY:   The 

12   amendments are received, and the bill will retain 

13   its place on the Third Reading Calendar.  

14                SENATOR LIBOUS:   On behalf of 

15   Senator Felder, on page 49 I offer the following 

16   amendments to Calendar Number 1118, Senate Print 

17   5369, and ask that said bill retain its place on 

18   the Third Reading Calendar.

19                ACTING PRESIDENT VALESKY:   The 

20   amendments are received, and the bill will retain 

21   its place on the Third Reading Calendar.

22                SENATOR LIBOUS:   On behalf of 

23   Senator Golden, on page 51 I offer the following 

24   amendments to Calendar Number 1148, Senate Print 

25   3536A, and ask that said bill retain its place on 


                                                               3428

 1   the Third Reading Calendar.

 2                ACTING PRESIDENT VALESKY:   The 

 3   amendments are received, and the bill will retain 

 4   its place on the Third Reading Calendar.

 5                SENATOR LIBOUS:   On behalf of 

 6   Senator LaValle, on page 55 I offer the following 

 7   amendments to Calendar Number 1255, Senate Print 

 8   3643, and ask that said bill retain its place on 

 9   the Third Reading Calendar.

10                ACTING PRESIDENT VALESKY:   The 

11   amendments are received, and the bill will retain 

12   its place on the Third Reading Calendar.

13                SENATOR LIBOUS:   And last but not 

14   least, on behalf of Senator Flanagan, on page 58 

15   I offer the following amendments to Calendar 

16   Number 1317, Senate Print 2450, and ask that said 

17   bill retain its place on the Third Reading 

18   Calendar.

19                ACTING PRESIDENT VALESKY:   The 

20   amendments are received, and the bill will retain 

21   its place on the Third Reading Calendar.

22                SENATOR LIBOUS:   Mr. President, at 

23   this time Senate Resolution 2243 is at the desk.  

24   I believe we will read its title only and then 

25   call on Senator Kennedy.


                                                               3429

 1                ACTING PRESIDENT VALESKY:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Legislative 

 4   Resolution Number 2243, by Senator Kennedy, 

 5   mourning the death of Leonard Szymanski, former 

 6   Mayor of Sloan, New York.

 7                ACTING PRESIDENT VALESKY:   Senator 

 8   Kennedy on the resolution.

 9                SENATOR KENNEDY:   Thank you very 

10   much, Mr. President.  

11                I rise today with a sad and heavy 

12   heart.  On May 27th, Leonard Szymanski, former 

13   mayor of the Village of Sloan, passed away.  

14                If all politics truly are local, 

15   then Len had it figured out.  Mayor Szymanski was 

16   a hardworking blue-collar family man his entire 

17   life.  Whether it was as an ironworker in 

18   Cheektowaga or as part of the Niagara Frontier 

19   Transportation Authority, you could always count 

20   on Mayor Szymanski to be a hard worker.  

21                His tireless work ethic was the 

22   reason he was so beloved by his constituency and 

23   also the reason I looked up to him as a colleague 

24   and as a friend.  

25                It wasn't only his hard work that 


                                                               3430

 1   made him likable, but his dedication to community 

 2   service as well.  

 3                Len Szymanski was born in 1935 and 

 4   attended Seneca Vocational School and later 

 5   Canisius College.  He founded Cheektowaga 

 6   Airlanes Football in 1970 and directed 

 7   Cheektowaga South Side Little League, both of 

 8   which showed a dedication to the youth of our 

 9   community.  Len coached Depew Legion baseball as 

10   well as an All-Star team that was one win away 

11   from the New York State championship.  

12                Service to the church was also a 

13   large part of Len Szymanski's life.  He was a 

14   regular volunteer at St. Andrew's Catholic 

15   Church, serving as a lawn fete volunteer and as 

16   an usher.  He was also the social chairman for 

17   the Holy Name Society.  As a member of the 

18   Knights of Columbus, he rose to be a 

19   fourth-degree member.  

20                Len was also a two-term Village of 

21   Sloan trustee and later went on to be mayor.  As 

22   mayor, Len rebuilt Wrazen Park and started a 

23   concert series in the Sloan parks.  He showed 

24   dedication and commitment to our first responders 

25   by making improvements and investments into the 


                                                               3431

 1   fire stations, fire hall and community center, 

 2   helping to secure new equipment.

 3                Len Szymanski will always be 

 4   remembered as someone who dedicated himself to 

 5   public service and strived to make a difference.  

 6   The difference was made not just in the Village 

 7   of Sloan but in the lives of those who were 

 8   around him, from the kids who can play football 

 9   because he established the local football league, 

10   to all players he coached, to all the village 

11   firemen who he supported, and to all the 

12   residents who he firmly stood with to keep Sloan 

13   an incorporated village.  

14                Len will truly be missed by his 

15   family, his friends, his village, town and all of 

16   Western New York.  Leonard Szymanski's life of 

17   service and dedication is one to be commended, 

18   and he will not be forgotten by anyone who had 

19   the great pleasure of knowing him.

20                Thank you, Mr. President.

21                ACTING PRESIDENT VALESKY:   Thank 

22   you, Senator Kennedy.

23                The question is on the resolution.  

24   All in favor signify by saying aye.

25                (Response of "Aye.")


                                                               3432

 1                ACTING PRESIDENT VALESKY:   Opposed, 

 2   nay.

 3                (No response.)

 4                ACTING PRESIDENT VALESKY:   The 

 5   resolution is adopted.

 6                Senator Libous.

 7                SENATOR LIBOUS:   Thank you, 

 8   Mr. President.

 9                At this time I'd like to have the 

10   reading of the noncontroversial calendar.

11                ACTING PRESIDENT VALESKY:   The 

12   Secretary will read the noncontroversial 

13   calendar.

14                THE SECRETARY:   Calendar Number 99, 

15   by Senator Maziarz, Senate Print 1186B, an act to 

16   amend the State Finance Law.

17                ACTING PRESIDENT VALESKY:   Read the 

18   last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall tak cvE effect immediately.

21                ACTING PRESIDENT VALESKY:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 59.

25                ACTING PRESIDENT VALESKY:   The bill 


                                                               3433

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   136, substituted earlier by Member of the 

 4   Assembly Schimminger, Assembly Print Number 

 5   2024A, an act to amend the Highway Law.

 6                ACTING PRESIDENT VALESKY:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT VALESKY:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 58.  Nays, 

14   1.  Senator Espaillat recorded in the negative.

15                ACTING PRESIDENT VALESKY:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   149, substituted earlier by Member of the 

19   Assembly Magee, Assembly Print Number 2888, an 

20   act granting.

21                ACTING PRESIDENT VALESKY:   There is 

22   a home-rule message at the desk.

23                Read the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3434

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.

 5                ACTING PRESIDENT VALESKY:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   175, substituted earlier by Member of the 

 9   Assembly Wright, Assembly Print Number 4874A, an 

10   act to amend the Public Housing Law.

11                ACTING PRESIDENT VALESKY:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect June 1, 2013.

15                ACTING PRESIDENT VALESKY:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT VALESKY:   Senator 

19   Krueger to explain her vote

20                SENATOR KRUEGER:   Thank you, 

21   Mr. President.

22                While this bill does not go as far 

23   as I wish it would in redefining the New York 

24   City Housing Authority Board, it is an amended 

25   version of the bill, and the advocacy community 


                                                               3435

 1   in New York City, who had been opposed to the 

 2   earlier version, have withdrawn their 

 3   opposition.  

 4                So I am voting yes in hopes that 

 5   perhaps next year, under a new mayor, we may in 

 6   fact go further in improving the Housing 

 7   Authority Board for New York City.  

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT VALESKY:   Senator 

10   Krueger in the affirmative.

11                Senator Hoylman to explain his vote.

12                SENATOR HOYLMAN:   Thank you, 

13   Mr. President.  

14                I concur with Senator Krueger and 

15   wanted to commend Senator Golden for working with 

16   the advocates and improving the first draft of 

17   this bill.

18                I do believe changes can be made in 

19   the future, such as requiring the City Council of 

20   New York to confirm appointments and have certain 

21   standards for the other appointments to the NYCHA 

22   Board.  But I'll be voting yes, in the hopes that 

23   we'll get improvements to the organization of 

24   NYCHA in the future.  

25                Thank you.


                                                               3436

 1                ACTING PRESIDENT VALESKY:   Senator 

 2   Hoylman in the affirmative.

 3                Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 175, those recorded in the 

 6   negative are Senators Addabbo, Avella, Ball, 

 7   Dilan, Gipson, Hassell-Thompson, Kennedy, 

 8   Montgomery, Peralta, Perkins and Serrano.

 9                Ayes, 48.  Nays, 11.

10                ACTING PRESIDENT VALESKY:   The bill 

11   is passed.

12                (Pause.)

13                ACTING PRESIDENT VALESKY:   Announce 

14   the results again on Calendar Number 175.

15                THE SECRETARY:   In relation to 

16   Calendar 175, those recorded in the negative are 

17   Senators Addabbo, Avella, Ball, Carlucci, Dilan, 

18   Gipson, Hassell-Thompson, Kennedy, Klein, 

19   Montgomery, Peralta, Perkins, Savino and 

20   Serrano.  Also Senator Sanders.  

21                Ayes, 44.  Nays, 15.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   180, by Senator Valesky, Senate Print 2170B, an 


                                                               3437

 1   act to amend the Environmental Conservation Law.  

 2                ACTING PRESIDENT VALESKY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 5.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT VALESKY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   In relation to 

10   Calendar Number 180, those recorded in the 

11   negative are Senators Espaillat, Hoylman, LaValle 

12   and Serrano.

13                Ayes, 55.  Nays, 4.

14                ACTING PRESIDENT VALESKY:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   212, by Senator Zeldin, Senate Print 2926B, an 

18   act to amend the Criminal Procedure Law.

19                ACTING PRESIDENT VALESKY:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the first of November.

23                ACTING PRESIDENT VALESKY:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3438

 1                THE SECRETARY:   Ayes, 59.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   380, substituted earlier by Member of the 

 6   Assembly Stec, Assembly Print Number 4963, an act 

 7   to authorize.

 8                ACTING PRESIDENT VALESKY:   There is 

 9   a home-rule message at the desk.

10                Read the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT VALESKY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.  

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   414, by Senator Ball, Senate Print 2287A, an act 

21   to amend the Insurance Law.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 6.  This 

25   act shall take effect on the first of January.


                                                               3439

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT VALESKY:   Senator 

 5   Ball to explain his vote.

 6                SENATOR BALL:   Just very briefly, 

 7   this is an extremely important piece of 

 8   legislation.  

 9                I have a young girl in my the 

10   district named Hannah Devane.  She has 

11   eosinophilic disease.  Quickly, to tell you the 

12   story, her parents were completely covered by 

13   insurance.  Her body actually rejects food as a 

14   pathogen.  She has violent reactions.  She has a 

15   life-sustaining formula that that insurance 

16   company refused to cover.  The bureaucrat on the 

17   other end of the phone said to the mother, "If 

18   you put a feeding tube in your daughter, maybe we 

19   will consider covering it."  

20                I thank you for supporting this 

21   piece of legislation, and I hope to God this is 

22   the year we get it done in the New York State 

23   Assembly.

24                Thank you.

25                ACTING PRESIDENT VALESKY:   Senator 


                                                               3440

 1   Ball recorded in the affirmative.  

 2                Announce the results.

 3                THE SECRETARY:   Ayes, 59.

 4                ACTING PRESIDENT VALESKY:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   573, by Senator Maziarz, Senate Print 1122B, an 

 8   act to amend the Public Officers Law.

 9                ACTING PRESIDENT VALESKY:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT VALESKY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   646, by Senator Fuschillo, Senate Print 770B, an 

21   act to amend the Tax Law.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3441

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.

 5                ACTING PRESIDENT VALESKY:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   663, by Senator Griffo, Senate Print 3469A, an 

 9   act to amend the Public Health Law.

10                ACTING PRESIDENT VALESKY:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the 90th day.

14                ACTING PRESIDENT VALESKY:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.

18                ACTING PRESIDENT VALESKY:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   677, by Senator Young, Senate Print 5082, an act 

22   to amend the Private Housing Finance Law.

23                ACTING PRESIDENT VALESKY:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3442

 1   act shall take effect immediately.

 2                ACTING PRESIDENT VALESKY:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 58.  Nays, 

 6   1.  Senator Ball recorded in the negative.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   703, by Senator Maziarz, Senate Print 4948A, an 

11   act to amend the Public Authorities Law.

12                ACTING PRESIDENT VALESKY:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT VALESKY:   Senator 

20   Gipson to explain his vote.

21                SENATOR GIPSON:   Thank you, 

22   Mr. President.  

23                This is a good bill because it's 

24   actually requiring the New York State Power 

25   Authority to do an audit to make sure that the 


                                                               3443

 1   power that they are providing is being used in 

 2   the most efficient way.  I think it's actually a 

 3   very good idea and could actually stand to save 

 4   the state a great deal of money.  

 5                The problem is that the receivers of 

 6   much of this power are local governments.  In my 

 7   district alone -- I think this is probably the 

 8   case throughout the state -- I have a lot of 

 9   small towns and small villages that oftentimes 

10   are run by maybe one staff person, maybe two, 

11   some of them part-time.  

12                In the process of requesting this 

13   audit, they're going to ask these local 

14   governments to provide a great deal of 

15   documentation which these staff members will have 

16   to provide time in digging through their files to 

17   find the actual documents.  This is very likely 

18   to create overtime situations, which will be an 

19   extra cost to that local government.  

20                It also is requesting that the 

21   New York State Power authority seek witnesses 

22   from these local governments.  So employees of 

23   the local governments would have to go testify 

24   before a panel, I assume.  And the time that they 

25   spend away from work and the cost of that travel 


                                                               3444

 1   would also be an expense to local government.  

 2                So in both of those cases, those two 

 3   issues in terms of the document research and the 

 4   witnesses, there's no appropriation for those 

 5   items to be funded.  So it's clearly an unfunded 

 6   mandate.  And so I'm going to be voting for it, 

 7   and I thank you for this time.

 8                ACTING PRESIDENT VALESKY:   Senator 

 9   Gipson --

10                SENATOR GIPSON:   I'm sorry, I'm 

11   going to be voting against it.  I'm sorry, I'm in 

12   the negative.

13                (Laughter.)

14                ACTING PRESIDENT VALESKY:   Senator 

15   Gipson in the negative.

16                Announce the results.

17                THE SECRETARY:   Ayes, 58.  Nays, 

18   1.  Senator Gipson recorded in the negative.

19                ACTING PRESIDENT VALESKY:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   877, by Senator Carlucci, Senate Print 4635, an 

23   act to amend the Tax Law.

24                ACTING PRESIDENT VALESKY:   Read the 

25   last section.


                                                               3445

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT VALESKY:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 58.  Nays, 

 7   1.  Senator Ball recorded in the negative.

 8                ACTING PRESIDENT VALESKY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   879, by Senator Valesky, Senate Print 4651, an 

12   act to amend the Tax Law.

13                ACTING PRESIDENT VALESKY:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT VALESKY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 58.  Nays, 

21   1.  Senator Ball recorded in the negative.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   927, by Senator Young, Senate Print 5247 --


                                                               3446

 1                SENATOR LIBOUS:   Mr. President, 

 2   would you lay that aside temporarily.

 3                ACTING PRESIDENT VALESKY:   Calendar 

 4   Number 927 is temporarily laid aside.

 5                THE SECRETARY:   Calendar Number 

 6   936, by Senator Larkin, Senate Print 3775, an act 

 7   to authorize.

 8                ACTING PRESIDENT VALESKY:   There is 

 9   a home-rule message at the desk.

10                Read the last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT VALESKY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   937, substituted earlier by Member of the 

21   Assembly Abbate, Assembly Print Number 7125, an 

22   act to amend the Civil Service Law.

23                ACTING PRESIDENT VALESKY:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3447

 1   act shall take effect immediately.

 2                ACTING PRESIDENT VALESKY:   There is 

 3   a home-rule message at the desk.

 4                Call the roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 58.  Nays, 

 7   1.  Senator Perkins recorded in the negative.

 8                ACTING PRESIDENT VALESKY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   938, by Senator Marchione, Senate Print 4389, an 

12   act in relation to allowing.

13                ACTING PRESIDENT VALESKY:   There is 

14   a home-rule message at the desk.

15                Read the last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT VALESKY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 58.  Nays, 

22   1.  Senator Lanza recorded in the negative.

23                ACTING PRESIDENT VALESKY:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3448

 1   939, by Senator Skelos, Senate Print 4800, an act 

 2   to authorize.

 3                ACTING PRESIDENT VALESKY:   There is 

 4   a home-rule message at the desk.

 5                Read the last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT VALESKY:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 59.

12                ACTING PRESIDENT VALESKY:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   943, by Senator Ball, Senate Print 5239, an act 

16   to authorize.

17                ACTING PRESIDENT VALESKY:   There is 

18   a home-rule message at the desk.

19                Read the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 59.


                                                               3449

 1                ACTING PRESIDENT VALESKY:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   944, by Senator LaValle, Senate Print 5266, an 

 5   act to authorize.

 6                ACTING PRESIDENT VALESKY:   There is 

 7   a home-rule message at the desk.

 8                Read the last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT VALESKY:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 58.  Nays, 

15   1.  Senator Lanza recorded in the negative.

16                ACTING PRESIDENT VALESKY:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   946, by Senator O'Mara, Senate Print 5612, an act 

20   in relation to granting.

21                ACTING PRESIDENT VALESKY:   There is 

22   a home-rule message at the desk.

23                Read the last section.

24                THE SECRETARY:   Section 4.  This 

25   act shall take effect immediately.


                                                               3450

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.

 5                ACTING PRESIDENT VALESKY:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1008, by Senator DeFrancisco, Senate Print 5200A, 

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

10   and Breeding Law.

11                ACTING PRESIDENT VALESKY:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT VALESKY:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT VALESKY:   Announce 

19   the results.

20                THE SECRETARY:   In relation to 

21   Calendar Number 1008, those recorded in the 

22   negative are Senators Avella, Ball, Dilan, 

23   Espaillat, Gianaris, Hassell-Thompson, Hoylman, 

24   Montgomery, Peralta, Perkins, Rivera, Sanders, 

25   Savino, Serrano, Squadron and Stavisky.


                                                               3451

 1                Ayes, 43.  Nays, 16.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1009, by Senator Nozzolio, Senate Print 5209, an 

 6   act to amend the State Finance Law.

 7                ACTING PRESIDENT VALESKY:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT VALESKY:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT VALESKY:   Announce 

15   the results.

16                THE SECRETARY:   In relation to 

17   Calendar Number 1009, those recorded in the 

18   negative are Senators Avella, Ball, Dilan, 

19   Espaillat, Gianaris, Gipson, Hassell-Thompson, 

20   Hoylman, Kennedy, Krueger, Perkins, Rivera, 

21   Sanders, Serrano, Squadron and Stavisky.

22                Ayes, 43.  Nays, 16.

23                ACTING PRESIDENT VALESKY:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3452

 1   1049, by Senator Little, Senate Print 3735, an 

 2   act to direct the Civil Service Commission.

 3                ACTING PRESIDENT VALESKY:   There is 

 4   a home-rule message at the desk.

 5                Read the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT VALESKY:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 59.

12                ACTING PRESIDENT VALESKY:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1071, by Senator O'Brien, Assembly Print Number 

16   5298A, an act to authorize.

17                ACTING PRESIDENT VALESKY:   There is 

18   a home-rule message at the desk.

19                Read the last section.

20                THE SECRETARY:   Section 7.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 58.  Nays, 


                                                               3453

 1   1.  Senator Ball recorded in the negative.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1122, by Senator Klein, Senate Print 2447, an act 

 6   to amend the Public Health Law.

 7                ACTING PRESIDENT VALESKY:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the 180th day.

11                ACTING PRESIDENT VALESKY:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.

15                ACTING PRESIDENT VALESKY:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1146, by Senator Griffo, Senate Print 5493, an 

19   act to amend the Education Law.

20                SENATOR LIBOUS:   Lay the bill aside 

21   for the day.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is laid aside for the day.

24                THE SECRETARY:   Calendar Number 

25   1153, by Senator Griffo, Senate Print 3559, an 


                                                               3454

 1   act to amend the Banking Law.

 2                ACTING PRESIDENT VALESKY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect on the first of November.

 6                ACTING PRESIDENT VALESKY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 56.  Nays, 

10   3.  Senators Hassell-Thompson, Montgomery and 

11   Perkins recorded in the negative.

12                ACTING PRESIDENT VALESKY:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1166, by Senator Hannon, Senate Print 4509, an 

16   act to amend the Social Services Law.

17                ACTING PRESIDENT VALESKY:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT VALESKY:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 59.

25                ACTING PRESIDENT VALESKY:   The bill 


                                                               3455

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1167, by Senator Hannon, Senate Print 4515, an 

 4   act to amend the Public Health Law.

 5                ACTING PRESIDENT VALESKY:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 5.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT VALESKY:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 59.

13                ACTING PRESIDENT VALESKY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1169, by Senator Savino, Senate Print 5185A, an 

17   act to amend the Public Health Law.

18                ACTING PRESIDENT VALESKY:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the first day of the 

22   18th month.

23                ACTING PRESIDENT VALESKY:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3456

 1                THE SECRETARY:   Ayes, 59.

 2                ACTING PRESIDENT VALESKY:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1170, by Senator Lanza, Senate Print 5502A, an 

 6   act to amend the Public Health Law.

 7                ACTING PRESIDENT VALESKY:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT VALESKY:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.

15                ACTING PRESIDENT VALESKY:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1171, by Senator Hannon, Senate Print 5534A, an 

19   act to amend the Public Health Law.

20                ACTING PRESIDENT VALESKY:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT VALESKY:   Call the 

25   roll.


                                                               3457

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 59.

 3                ACTING PRESIDENT VALESKY:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1172, substituted earlier by Member of the 

 7   Assembly Gottfried, Assembly Print Number 6724B, 

 8   an act to amend the Public Health Law.

 9                ACTING PRESIDENT VALESKY:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT VALESKY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1188, by Senator Valesky, Senate Print 3701, an 

21   act in relation to qualifying.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3458

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 58.  Nays, 

 5   1.  Senator Krueger recorded in the negative.

 6                ACTING PRESIDENT VALESKY:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1196, by Senator LaValle, Senate Print 4418A, an 

10   act authorizing.

11                ACTING PRESIDENT VALESKY:   There is 

12   a home-rule message at the desk.

13                Read the last section.

14                THE SECRETARY:   Section 4.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 58.  Nays, 

20   1.  Senator Ball recorded in the negative.

21                ACTING PRESIDENT VALESKY:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1220, by Senator Libous, Senate Print 973, an act 

25   to amend the Highway Law.


                                                               3459

 1                ACTING PRESIDENT VALESKY:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT VALESKY:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 59.

 9                ACTING PRESIDENT VALESKY:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1228, by Senator Griffo, Senate Print 1963, an 

13   act to amend the Education Law.

14                ACTING PRESIDENT VALESKY:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect on the first of July.

18                ACTING PRESIDENT VALESKY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1238, by Senator Larkin, Senate Print 2276, an 


                                                               3460

 1   act to amend the Uniform City Court Act.

 2                ACTING PRESIDENT VALESKY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT VALESKY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 58.  Nays, 

10   1.  Senator Ball recorded in the negative.

11                ACTING PRESIDENT VALESKY:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1250, by Senator Krueger, Senate Print 3145, an 

15   act to amend the Education Law.

16                ACTING PRESIDENT VALESKY:   Read the 

17   last section.

18                THE SECRETARY:   Section 4.  This 

19   act shall take effect on the 365th day.

20                ACTING PRESIDENT VALESKY:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 58.  Nays, 

24   1.  Senator Ball recorded in the negative.

25                ACTING PRESIDENT VALESKY:   The bill 


                                                               3461

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1263, by Senator Marcellino, Senate Print 3854, 

 4   an act to amend the Tax Law.

 5                ACTING PRESIDENT VALESKY:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 4.  This 

 8   act shall take effect April 1, 2014.

 9                ACTING PRESIDENT VALESKY:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 59.

13                ACTING PRESIDENT VALESKY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1272, by Senator DeFrancisco, Senate Print 4170A, 

17   an act to amend the Tax Law.

18                ACTING PRESIDENT VALESKY:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT VALESKY:   Senator 


                                                               3462

 1   DeFrancisco to explain his vote.

 2                SENATOR DeFRANCISCO:   Yes, this 

 3   bill corrects a real problem that our military 

 4   men experience presently.  

 5                If the military person actually is a 

 6   resident of the state and as a resident of this 

 7   state leaves to be stationed somewhere else and 

 8   buys a car in another state, pays whatever tax 

 9   there upon registration -- the titling of the 

10   vehicle, if he buys the car there -- comes back 

11   to New York State, he's still required, since 

12   he's always been a resident of the state, to pay 

13   on retitling another charge for the same 

14   vehicle.  

15                This we thought was unfair, 

16   especially since the serviceperson is actually 

17   helping us and protecting us, for him to have a 

18   double taxation.  This bill corrects that.  

19                I vote aye.

20                ACTING PRESIDENT VALESKY:   Senator 

21   DeFrancisco in the affirmative.

22                Announce the results.

23                THE SECRETARY:   Ayes, 59.

24                ACTING PRESIDENT VALESKY:   The bill 

25   is passed.


                                                               3463

 1                THE SECRETARY:   Calendar Number 

 2   1288, by Senator Tkaczyk, Senate Print 5230A, an 

 3   act in relation to.

 4                ACTING PRESIDENT VALESKY:   There is 

 5   a home-rule message at the desk.

 6                Read the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT VALESKY:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 57.  Nays, 

13   2.  Senators Ball and Lanza recorded in the 

14   negative.

15                ACTING PRESIDENT VALESKY:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1291, by Senator Marcellino, Senate Print 5312, 

19   an act authorizing.

20                ACTING PRESIDENT VALESKY:   Read the 

21   last section.

22                THE SECRETARY:   Section 13.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT VALESKY:   Call the 

25   roll.


                                                               3464

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 58.  Nays, 

 3   1.  Senator Ball recorded in the negative.

 4                ACTING PRESIDENT VALESKY:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1292, by Senator DeFrancisco, Senate Print 5353A, 

 8   an act to amend the Education Law.

 9                ACTING PRESIDENT VALESKY:   Read the 

10   last section.

11                THE SECRETARY:   Section 4.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT VALESKY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 58.  Nays, 

17   1.  Senator Ball recorded in the negative.

18                ACTING PRESIDENT VALESKY:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1293, by Senator Flanagan, Senate Print 5363, an 

22   act to amend the Environmental Conservation Law.

23                ACTING PRESIDENT VALESKY:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3465

 1   act shall take effect immediately.

 2                ACTING PRESIDENT VALESKY:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 58.  Nays, 

 6   1.  Senator Avella recorded in the negative.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1302, by Senator DeFrancisco, Senate Print 563, 

11   an act to amend the Penal Law.

12                ACTING PRESIDENT VALESKY:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the first of November.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 58.  Nays, 

20   1.  Senator Sanders recorded in the negative.

21                ACTING PRESIDENT VALESKY:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1303, by Senator Martins, Senate Print 933A, an 

25   act to amend the General Business Law.


                                                               3466

 1                ACTING PRESIDENT VALESKY:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT VALESKY:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 57.  Nays, 

 9   2.  Senators Gallivan and Lanza recorded in the 

10   negative.

11                ACTING PRESIDENT VALESKY:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1304, substituted earlier by Member of the 

15   Assembly Cook, Assembly Print Number 2425, an act 

16   to amend the Economic Development Law.

17                ACTING PRESIDENT VALESKY:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the 180th day.

21                ACTING PRESIDENT VALESKY:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 59.

25                ACTING PRESIDENT VALESKY:   the bill 


                                                               3467

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1305, by Senator Ranzenhofer, Senate Print 1213, 

 4   an act to amend the Education Law.

 5                ACTING PRESIDENT VALESKY:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT VALESKY:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 59.

13                ACTING PRESIDENT VALESKY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1307, by Senator Marcellino, Senate Print 1508, 

17   an act to amend the Penal Law.

18                ACTING PRESIDENT VALESKY:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the first of November.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT VALESKY:   Announce 


                                                               3468

 1   the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 1307, those recorded in the 

 4   negative are Senators Dilan, Espaillat, Gianaris, 

 5   Hoylman, Krueger, Montgomery, Peralta, Perkins, 

 6   Rivera, Sanders, Serrano, Squadron and Stavisky.

 7                Ayes, 46.  Nays, 13.

 8                ACTING PRESIDENT VALESKY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1308, by Senator Grisanti, Senate Print 1671A, an 

12   act to amend the Tax Law.

13                ACTING PRESIDENT VALESKY:   Read the 

14   last section.

15                THE SECRETARY:   Section 6.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT VALESKY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT VALESKY:   Senator 

21   Grisanti to explain his vote.

22                SENATOR GRISANTI:   Yes, briefly, 

23   Mr. President.  Thank you very much.

24                This legislation passed last year.  

25   It offers a tax credit on 20 percent of the cost 


                                                               3469

 1   of asbestos remediation.  It caps it at a maximum 

 2   benefit of a million dollars.  

 3                I know it's a fiscal hit to the 

 4   state, but when you have blight in your 

 5   communities, in the poorer neighborhoods of 

 6   buildings that have been dilapidated for years, 

 7   it's a disincentive for developers to go in and 

 8   try to do any of the work to get that property 

 9   back on the tax roll because of asbestos 

10   remediation because the cost is so high.

11                So for those of you that don't like 

12   the bill, that apparently you like blight in your 

13   neighborhoods and you like to have buildings stay 

14   there -- most asbestos projects take place, as I 

15   said, in older neighborhoods, and this 

16   legislation leads to reducing the blight and the 

17   abandonment and putting these properties back on 

18   the market and back on the tax rolls.  

19                I vote aye, Mr. President.

20                ACTING PRESIDENT VALESKY:   Senator 

21   Grisanti in the affirmative.

22                Senator Krueger to explain her vote.

23                SENATOR KRUEGER:   Thank you, 

24   Mr. President.

25                I appreciate the sponsor's 


                                                               3470

 1   explanation of his vote.  

 2                I find myself voting no.  One, this 

 3   is a refundable tax credit.  Even businesses who 

 4   don't owe the State of New York any money would 

 5   get a tax credit back for doing work that is 

 6   actually required under the law and has been for 

 7   many years.  

 8                It's also just one of the many bills 

 9   today I am voting no on but perhaps not 

10   explaining my vote because they're new additional 

11   reductions of revenue to the State of New York or 

12   new costs to the State of New York during the 

13   budget year.  

14                Yesterday I was asked to vote on a 

15   budget cap and asked what would we cut out of the 

16   budget to meet that budget cap.  Today we're 

17   passing bills that would even further break the 

18   budget cap if it had been in existence.  I think 

19   we should do budget and tax bills within the 

20   actual budget.  

21                Thank you, Mr. President.  I vote 

22   no.

23                ACTING PRESIDENT VALESKY:   Senator 

24   Krueger in the negative.

25                Announce the results.


                                                               3471

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 1308, those recorded in the 

 3   negative are Senators Addabbo, Avella, Krueger, 

 4   Montgomery, Peralta, Perkins, Rivera, Sanders, 

 5   Serrano, Squadron and Stavisky.

 6                Ayes, 48.  Nays, 11.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1309, substituted earlier by Member of the 

11   Assembly Thiele, Assembly Print Number 1457, an 

12   act to amend the Public Authorities Law.

13                ACTING PRESIDENT VALESKY:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT VALESKY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 58.  Nays, 

21   1.  Senator Maziarz recorded in the negative.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1310, by Senator Bonacic, Senate Print 1882, an 


                                                               3472

 1   act to amend the Education Law.

 2                ACTING PRESIDENT VALESKY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT VALESKY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 59.

10                ACTING PRESIDENT VALESKY:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1313, by Senator Griffo, Senate Print 1961A, an 

14   act to establish.

15                ACTING PRESIDENT VALESKY:   Read the 

16   last section.

17                THE SECRETARY:   Section 7.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT VALESKY:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 59.

23                SENATOR LIBOUS:   Just one second.

24                Would you recall that, please.

25                ACTING PRESIDENT VALESKY:   Withdraw 


                                                               3473

 1   the roll call.

 2                SENATOR LIBOUS:   Withdraw the roll 

 3   call on that and lay it aside.

 4                ACTING PRESIDENT VALESKY:   The roll 

 5   call is withdrawn on Calendar Number 1313.  

 6                The bill is laid aside for the day, 

 7   Senator Libous?  

 8                SENATOR LIBOUS:   Yeah, lay it aside 

 9   for the day.

10                ACTING PRESIDENT VALESKY:   The bill 

11   is laid aside for the day.  

12                THE SECRETARY:   Calendar Number 

13   1314, by Senator Klein, Senate Print 2251, an act 

14   to amend the Penal Law.

15                ACTING PRESIDENT VALESKY:   Read the 

16   last section.

17                THE SECRETARY:   Section 7.  This 

18   act shall take effect on the first of November.

19                ACTING PRESIDENT VALESKY:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 57.  Nays, 

23   2.  Senators Krueger and Montgomery recorded in 

24   the negative.

25                ACTING PRESIDENT VALESKY:   The bill 


                                                               3474

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1315, by Senator Lanza, Senate Print 2298, an act 

 4   to amend the Penal Law.

 5                ACTING PRESIDENT VALESKY:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 6.  This 

 8   act shall take effect on the 90th day.

 9                ACTING PRESIDENT VALESKY:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 56.  Nays, 

13   3.  Senators Hassell-Thompson, Montgomery and 

14   Perkins recorded in the negative.

15                ACTING PRESIDENT VALESKY:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1316, by Senator Adams, Senate Print 2416, an act 

19   to amend the Vehicle and Traffic Law.

20                ACTING PRESIDENT VALESKY:   Read the 

21   last section.

22                THE SECRETARY:   Section 7.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT VALESKY:   Call the 

25   roll.


                                                               3475

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 56.  Nays, 

 3   3.  Senators Maziarz, Nozzolio and Seward 

 4   recorded in the negative.

 5                ACTING PRESIDENT VALESKY:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1318, by Senator Lanza, Senate Print 2482, an act 

 9   to amend the Public Authorities Law.

10                ACTING PRESIDENT VALESKY:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT VALESKY:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 55.  Nays, 

18   4.  Senators Dilan, Hoylman, Perkins and Squadron 

19   recorded in the negative.

20                ACTING PRESIDENT VALESKY:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1319, by Senator Ball, Senate Print 2578, an act 

24   to amend the Penal Law.

25                ACTING PRESIDENT VALESKY:   Read the 


                                                               3476

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT VALESKY:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 57.  Nays, 

 8   2.  Senators Hassell-Thompson and Montgomery 

 9   recorded in the negative.

10                ACTING PRESIDENT VALESKY:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1320, by Senator Martins, Senate Print 2597, an 

14   act to amend the Executive Law.

15                ACTING PRESIDENT VALESKY:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT VALESKY:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 59.

23                ACTING PRESIDENT VALESKY:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3477

 1   1321, by Senator Young, Senate Print 2688, an act 

 2   to amend the Agriculture and Markets Law.

 3                ACTING PRESIDENT VALESKY:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT VALESKY:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 56.  Nays, 

11   3.  Senators Espaillat, Hoylman and Serrano 

12   recorded in the negative.

13                ACTING PRESIDENT VALESKY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1322, by Senator DeFrancisco, Senate Print 2908, 

17   an act to amend the Public Health Law.

18                ACTING PRESIDENT VALESKY:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect on the 120th day.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 59.


                                                               3478

 1                ACTING PRESIDENT VALESKY:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1323, by Senator DeFrancisco, Senate Print 3069A, 

 5   an act to amend the Education Law.

 6                ACTING PRESIDENT VALESKY:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the 545th day.

10                ACTING PRESIDENT VALESKY:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 58.  Nays, 

14   1.  Senator Ball recorded in the negative.

15                ACTING PRESIDENT VALESKY:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1324, by Senator Griffo, Senate Print 3106, an 

19   act to amend the Penal Law.

20                ACTING PRESIDENT VALESKY:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the first of November.

24                ACTING PRESIDENT VALESKY:   Call the 

25   roll.


                                                               3479

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   In relation to 

 3   Calendar 1324, those recorded in the negative are 

 4   Senators Carlucci, DeFrancisco, Hassell-Thompson, 

 5   Krueger, Montgomery and Perkins.

 6                Ayes, 53.  Nays, 6.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1326, by Senator Klein, Senate Print 3407A, an 

11   act to amend the Penal Law.

12                ACTING PRESIDENT VALESKY:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect on the first of November.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes 58.  Nays, 1.  

20   Senator Montgomery recorded in the negative.

21                ACTING PRESIDENT VALESKY:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1327, by Senator Lanza, Senate Print 3622, an act 

25   to amend the Criminal Procedure Law.


                                                               3480

 1                ACTING PRESIDENT VALESKY:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect on the 60th day 

 5                ACTING PRESIDENT VALESKY:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 59.

 9                ACTING PRESIDENT VALESKY:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1328, by Senator Ritchie, Senate Print 3694, an 

13   act to amend the Tax Law.

14                ACTING PRESIDENT VALESKY:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT VALESKY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1329, by Senator DeFrancisco, Senate Print 3732, 


                                                               3481

 1   an act to amend the General Municipal Law.

 2                ACTING PRESIDENT VALESKY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 6.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT VALESKY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 58.  Nays, 

10   1.  Senator Krueger recorded in the negative.

11                ACTING PRESIDENT VALESKY:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1331, by Senator Young, Senate Print 3848, an act 

15   to amend the Tax Law.

16                ACTING PRESIDENT VALESKY:   Read the 

17   last section.

18                THE SECRETARY:   Section 5.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT VALESKY:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 57.  Nays, 

24   2.  Senators Espaillat and Krueger recorded in 

25   the negative.


                                                               3482

 1                ACTING PRESIDENT VALESKY:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1332, by Senator Golden, Senate Print 3867, an 

 5   act to amend the Retirement and Social Security 

 6   Law.

 7                ACTING PRESIDENT VALESKY:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT VALESKY:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 57.  Nays, 

15   2.  Senators DeFrancisco and Krueger recorded in 

16   the negative.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1333, by Senator Lanza, Senate Print 3965, an act 

21   to amend the Penal Law.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect on the 30th day.


                                                               3483

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 57.  Nays, 

 5   2.  Senators Hassell-Thompson and Montgomery 

 6   recorded in the negative.

 7                ACTING PRESIDENT VALESKY:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1335, by Senator DeFrancisco, Senate Print 4067, 

11   an act to amend the Social Services Law.

12                ACTING PRESIDENT VALESKY:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect on the 60th day.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT VALESKY:   Senator 

20   Gipson to explain his vote.

21                SENATOR GIPSON:   Thank you, 

22   Mr. President.

23                You know, I was just talking to both 

24   of my county executives the other day.  And 

25   they're just continually begging me -- and I have 


                                                               3484

 1   to assume this is happening across the state in 

 2   all counties -- to not send down any more 

 3   unfunded mandates.  Because of the past unfunded 

 4   mandates, they've had to drastically cut their 

 5   social service programs.  

 6                As I understand it, this bill will 

 7   require the county governments to conduct 

 8   background checks in a way that they are not 

 9   currently doing so.  While that might be a good 

10   idea, there doesn't seem to be any allocation 

11   here to actually pay for that service.  

12                So this is yet another unfunded 

13   mandate on our county governments, and I have to 

14   vote against it.  

15                Thank you.

16                ACTING PRESIDENT VALESKY:   Senator 

17   Gipson in the negative.  

18                Announce the results.

19                THE SECRETARY:   Ayes, 56.  Nays, 

20   3.  Senators Gipson, Hassell-Thompson and 

21   Montgomery recorded in the negative.  

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1336, by Senator Golden, Senate Print 4071, an 


                                                               3485

 1   act to amend the Criminal Procedure Law.

 2                ACTING PRESIDENT VALESKY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 5.  This 

 5   act shall take effect on the 90th day.

 6                ACTING PRESIDENT VALESKY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT VALESKY:   Senator 

10   Krueger to explain her vote.

11                SENATOR KRUEGER:   Thank you, 

12   Mr. President.

13                I have to disagree with this bill 

14   and vote no because it would actually open up to 

15   anyone potentially interested in hiring a peace 

16   officer the right to unseal court records.  

17                I can understand, when you are 

18   applying through a police department for a job or 

19   a sheriff's department for a job, that there 

20   should be a mechanism to ensure the full 

21   information about you is available.  But the 

22   concept that anyone seeking to hire a peace 

23   officer, which in this state could be private 

24   companies, schools, hospitals, campuses of 

25   colleges, summer resort areas, that they too 


                                                               3486

 1   would have the right to unseal sealed court 

 2   records in order to determine your eligibility 

 3   for a job.  

 4                I think it goes far beyond what the 

 5   original intention and purpose of sealing court 

 6   records to be.

 7                So I strongly urge a no vote because 

 8   I think the implications are much, much broader 

 9   than people understand would actually be the case 

10   if this were to become law.  So I'm hoping people 

11   will join me in a no vote.

12                Thank you, Mr. President.  

13                ACTING PRESIDENT VALESKY:   Senator 

14   Krueger in the negative.

15                Results.

16                THE SECRETARY:   In relation to 

17   Calendar Number 1336, those recorded in the 

18   negative are Senators Hassell-Thompson, Hoylman, 

19   Krueger, Montgomery, Peralta, Perkins and 

20   Sanders.

21                Ayes, 52.  Nays, 7.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1337, by Senator Libous, Senate Print 4096, an 


                                                               3487

 1   act to authorize.

 2                ACTING PRESIDENT VALESKY:   There is 

 3   a home-rule message at the desk.

 4                Read the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT VALESKY:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 59.

11                ACTING PRESIDENT VALESKY:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1338, by Senator Lanza, Senate Print 4157, an act 

15   to amend the Penal Law.

16                ACTING PRESIDENT VALESKY:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the first of November.

20                ACTING PRESIDENT VALESKY:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 59.

24                ACTING PRESIDENT VALESKY:   The bill 

25   is passed.


                                                               3488

 1                THE SECRETARY:   Calendar Number 

 2   1339, by Senator Lanza, Senate Print 4158, an act 

 3   to amend the Penal Law.

 4                ACTING PRESIDENT VALESKY:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the first of November.

 8                ACTING PRESIDENT VALESKY:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 58.  Nays, 1.  

12   Senator DeFrancisco recorded in the negative.  

13                ACTING PRESIDENT VALESKY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1340, by Senator Lanza, Senate Print 4160A, an 

17   act to amend the Penal Law.

18                ACTING PRESIDENT VALESKY:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect on the 180th day.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 59.


                                                               3489

 1                ACTING PRESIDENT VALESKY:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1341, by Senator Ritchie, Senate Print 4261, an 

 5   act to amend the Real Property Tax Law.

 6                ACTING PRESIDENT VALESKY:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT VALESKY:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT VALESKY:   Senator 

14   Krueger to explain her vote.

15                SENATOR KRUEGER:   Thank you, 

16   Mr. President.

17                I actually do not have a problem 

18   with this house passing a bill that would give 

19   localities the option to remove structures and 

20   buildings essential to the operation of farms 

21   from their property tax rolls.  

22                Where my problem lies is, unlike 

23   many of the other bills we pass, there's no local 

24   option here.  This would be the State of New York 

25   telling the localities they must remove from 


                                                               3490

 1   their property tax rolls specific buildings on 

 2   farms.  That is clearly an unfunded mandate.  

 3   We're taking away their right to collect their 

 4   taxes, meaning they will likely shift the tax 

 5   burden to someone else in their towns.

 6                I wish this bill had been written at 

 7   local option, but it is not.  I'll vote no.  

 8                Thank you.

 9                ACTING PRESIDENT VALESKY:   Senator 

10   Krueger in the negative.

11                Announce the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 1341, those recorded in the 

14   negative are Senators Avella, Espaillat, Krueger 

15   and Sanders.

16                Ayes, 55.  Nays, 4.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1342, by Senator Young, Senate Print 4337A, an 

21   act to amend the Public Health Law.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 7.  This 

25   act shall take effect January 1, 2014.


                                                               3491

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.

 5                ACTING PRESIDENT VALESKY:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1343, by Senator Gallivan, Senate Print 4344, an 

 9   act to amend the Executive Law.

10                ACTING PRESIDENT VALESKY:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the 30th day.

14                ACTING PRESIDENT VALESKY:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.

18                ACTING PRESIDENT VALESKY:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1344, by Senator Golden, Senate Print 4390, an 

22   act to amend the Penal Law.

23                ACTING PRESIDENT VALESKY:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3492

 1   act shall take effect on the 90th day.

 2                ACTING PRESIDENT VALESKY:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.

 6                ACTING PRESIDENT VALESKY:   The bill 

 7   is passed.

 8                THE SECRETARY:   Ayes, 58.  Nays, 

 9   1.  Senator Hassell-Thompson recorded in the 

10   negative.

11                ACTING PRESIDENT VALESKY:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1345, by Senator Golden, Senate Print 4425, an 

15   act to amend the Elder Law.

16                ACTING PRESIDENT VALESKY:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT VALESKY:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 59.

24                ACTING PRESIDENT VALESKY:   The bill 

25   is passed.


                                                               3493

 1                THE SECRETARY:   Calendar Number 

 2   1346, by Senator Golden, Senate Print 4447, an 

 3   act to amend the Penal Law.

 4                ACTING PRESIDENT VALESKY:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 90th day.

 8                ACTING PRESIDENT VALESKY:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 58.  Nays, 

12   1.  Senator DeFrancisco recorded in the negative.

13                ACTING PRESIDENT VALESKY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1348, by Senator Grisanti, Senate Print 4642, an 

17   act to amend the Tax Law.

18                ACTING PRESIDENT VALESKY:   Read the 

19   last section.

20                THE SECRETARY:   Section 5.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT VALESKY:   Senator 


                                                               3494

 1   Grisanti to explain his vote.

 2                SENATOR GRISANTI:   Yes, thank you, 

 3   Mr. President.  

 4                You know, I listened to the comments 

 5   of Senator Krueger, and I understand where her 

 6   comments are coming from, you know, that this is 

 7   not something that can take away from the revenue 

 8   of the state and it should be put in the budget.  

 9                The problem is if it's not in the 

10   budget, you can't just give up, you've got to 

11   keep trying.  Last year we passed the historic 

12   tax credits that went from $5 million to 

13   $12 million, it passed both houses and was vetoed 

14   by the Governor.  

15                But, you know, my fellow colleagues, 

16   this is the problem.  You know, the state can 

17   take a fiscal hit, but eventually these 

18   properties are going to be back on the tax 

19   rolls.  And not only are they going to be on the 

20   tax rolls, there are going to be people in these 

21   buildings, whether it's a housing development or 

22   whether a business, are going to be in these 

23   buildings, and people are going to move back.  

24                I've seen that myself in Buffalo 

25   with numerous projects on the historic tax 


                                                               3495

 1   credits.  With the Lafayette Hotel, over 350 

 2   construction workers and now there's over 300 

 3   people employed there full-time.  And it couldn't 

 4   have been done unless you had these historic tax 

 5   credits.  And it's the same thing also utilizing 

 6   the asbestos credits from before.  

 7                Now we're going to try it again 

 8   differently, where the cap is going to be 

 9   increased from $5 million to $7 million to 

10   $9 million and then to $12 million, up until the 

11   period of 2019.  

12                Now, as I said, I understand what 

13   the fiscal hit is going to be.  But on the 

14   historic tax preservation, you know, to me, when 

15   these buildings actually get back on the record 

16   and be back on the books and people are working 

17   there, it's revenue neutral.  So in the beginning 

18   you take a hit, but eventually it balances itself 

19   out.  

20                I vote aye, Mr. President.

21                ACTING PRESIDENT VALESKY:   Senator 

22   Grisanti in the affirmative.  

23                Senator Krueger to explain her vote.

24                SENATOR KRUEGER:   Thank you.  

25                You know, maybe we should have laid 


                                                               3496

 1   the bills aside for debate, because I appreciate 

 2   so much Senator Grisanti's comments.  

 3                The reason I'm voting no on this and 

 4   I voted no on a previous historic tax credit bill 

 5   that I believe was by you, Mr. President, was 

 6   because they both expand on a deal that was made 

 7   in this state through the Legislature and the 

 8   Governor without further discussion about the 

 9   context of if you carve out and allow additional 

10   locations that aren't under the existing law, 

11   what is the impact, how do you say no to the next 

12   45 when you've approved for one.  

13                How do you recognize that tax 

14   exemptions can grow like corn with the size of 

15   them, the amount of money lost to the state by 

16   them, without an evaluation?  

17                I actually don't disagree that there 

18   are good tax exemptions that are important and 

19   can be a win for the state.  But I believe that 

20   each of these types of tax exemptions and 

21   refundable credits should be evaluated more 

22   carefully in the context of would the activity 

23   really not take place for this specific 

24   situation, how much is it going to cost the 

25   state, why are we making the decision on this 


                                                               3497

 1   property but not on this property.  

 2                I think all tax credits and 

 3   exemptions should have a much more careful 

 4   standardized review and even sunsets.  

 5                And so my disagreement is not with 

 6   the concept of historic preservation tax credits 

 7   but rather on the speed by which they would grow 

 8   under this bill.  So I'll be voting no.

 9                Thank you, Mr. President.

10                ACTING PRESIDENT VALESKY:   Senator 

11   Krueger in the negative.  

12                Announce the results.

13                THE SECRETARY:   Ayes, 58.  Nays, 

14   1.  Senator Krueger recorded in the negative.

15                ACTING PRESIDENT VALESKY:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1349, by Senator Valesky, Senate Print 4652, an 

19   act to amend the General Business Law.

20                ACTING PRESIDENT VALESKY:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect January 1, 2014.

24                ACTING PRESIDENT VALESKY:   Call the 

25   roll.


                                                               3498

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 59.

 3                ACTING PRESIDENT VALESKY:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1350, by Member of the Assembly Lifton, Assembly 

 7   Print Number 6687, an act to authorize.

 8                ACTING PRESIDENT VALESKY:   There is 

 9   a home-rule message at the desk.

10                Read the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT VALESKY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1351, by Senator Golden, Senate Print 4664A, an 

21   act to amend the Penal Law.

22                ACTING PRESIDENT VALESKY:   Read the 

23   last section.

24                THE SECRETARY:   Section 7.  This 

25   act shall take effect immediately.


                                                               3499

 1                ACTING PRESIDENT VALESKY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT VALESKY:   Senator 

 5   Hassell-Thompson to explain her vote.

 6                SENATOR HASSELL-THOMPSON:   Thank 

 7   you, Mr. President.

 8                Judges currently have broad 

 9   discretion in determining sentences for 

10   incarceration.  And I believe that it makes sense 

11   to extend this discretion to probation 

12   determinations.  Therefore, I am supporting this 

13   bill.

14                I guess my only concern is that the 

15   bill also does not require -- it eliminates the 

16   requirement for pre-sentence investigation for 

17   cases that result in a negotiated jail sentence 

18   of one year or less.  

19                And I just need to be sure that the 

20   courts will continue to be allowed -- even though 

21   the presentence investigation requirement is not 

22   available, that it remains accessible and can be 

23   used on the part of defense attorneys or the 

24   prosecutor if at such time this is deemed 

25   appropriate.


                                                               3500

 1                So the fact that the court still has 

 2   the option to order this preinvestigation report, 

 3   and the fact that the defense and prosecution 

 4   attorneys can continue to produce them when 

 5   appropriate, assures me that by removing this 

 6   requirement it will not compromise a fair 

 7   administration of justice.

 8                So therefore I will be voting in the 

 9   positive for this bill, Mr. President.

10                Thank you.

11                ACTING PRESIDENT VALESKY:   Senator 

12   Hassell-Thompson in the affirmative.

13                Announce the results.

14                THE SECRETARY:   Ayes, 59.

15                ACTING PRESIDENT VALESKY:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1352, by Senator Stewart-Cousins, Senate Print 

19   4888, an act to authorize.

20                ACTING PRESIDENT VALESKY:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT VALESKY:   Call the 

25   roll.


                                                               3501

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 59.

 3                ACTING PRESIDENT VALESKY:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1353, by Senator Carlucci --

 7                SENATOR LIBOUS:   Lay the bill aside 

 8   for the day.

 9                ACTING PRESIDENT VALESKY:   The bill 

10   is laid aside for the day.

11                THE SECRETARY:   Calendar Number 

12   1354, by Senator Gallivan, Senate Print 5091, an 

13   act to amend the Retirement and Social Security 

14   Law.

15                ACTING PRESIDENT VALESKY:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT VALESKY:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 58.  Nays, 

23   1.  Senator Gipson recorded in the negative.

24                ACTING PRESIDENT VALESKY:   The bill 

25   is passed.


                                                               3502

 1                THE SECRETARY:   Calendar Number 

 2   1355, by Senator DeFrancisco, Senate Print 5119, 

 3   an act providing.

 4                ACTING PRESIDENT VALESKY:   There is 

 5   a home-rule message at the desk.

 6                Read the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT VALESKY:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 58.  Nays, 

13   1.  Senator Martins recorded in the negative.

14                ACTING PRESIDENT VALESKY:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1356, by Senator Flanagan, Senate Print 5122, an 

18   act to amend the Penal Law.

19                ACTING PRESIDENT VALESKY:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect on the first of November.

23                ACTING PRESIDENT VALESKY:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3503

 1                THE SECRETARY:   Ayes, 58.  Nays, 

 2   1.  Senator Montgomery recorded in the negative.

 3                ACTING PRESIDENT VALESKY:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1357, by Senator Little, Senate Print 5140, an 

 7   act to authorize.

 8                ACTING PRESIDENT VALESKY:   There is 

 9   a home-rule message at the desk.

10                Read the last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT VALESKY:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.

17                ACTING PRESIDENT VALESKY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1358, by Senator Nozzolio, Senate Print 5143, an 

21   act to authorize.

22                ACTING PRESIDENT VALESKY:   There is 

23   a home-rule message at the desk.

24                Read the last section.

25                THE SECRETARY:   Section 3.  This 


                                                               3504

 1   act shall take effect immediately.

 2                ACTING PRESIDENT VALESKY:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.

 6                ACTING PRESIDENT VALESKY:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1360, by Senator Ball, Senate Print 5207, an act 

10   in relation to allowing.

11                ACTING PRESIDENT VALESKY:   There is 

12   a home-rule message at the desk.

13                Read the last section.

14                THE SECRETARY:   Section 4.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT VALESKY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 59.

20                ACTING PRESIDENT VALESKY:   The bill 

21   is passed.

22                THE SECRETARY:   In relation to 

23   Calendar Number 1360:  Ayes, 58.  Nays, 1.  

24   Senator Felder recorded in the negative.

25                ACTING PRESIDENT VALESKY:   The bill 


                                                               3505

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1361, by Senator Flanagan, Senate Print 5252, an 

 4   act to amend the Education Law.

 5                ACTING PRESIDENT VALESKY:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 4.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT VALESKY:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 59.

13                ACTING PRESIDENT VALESKY:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1362, by Senator Flanagan, Senate Print 5383, an 

17   act to amend the Penal Law.

18                ACTING PRESIDENT VALESKY:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the first of November.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 59.


                                                               3506

 1                ACTING PRESIDENT VALESKY:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1363, by Senator Ritchie, Senate Print 5423, an 

 5   act to amend the Correction Law.

 6                ACTING PRESIDENT VALESKY:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the 120th day.

10                ACTING PRESIDENT VALESKY:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   In relation to 

14   Calendar Number 1363, those recorded in the 

15   negative are Senators Hassell-Thompson, 

16   Montgomery and Perkins.

17                Ayes, 56.  Nays, 3.

18                ACTING PRESIDENT VALESKY:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1364, by Senator Flanagan, Senate Print 5452, an 

22   act to amend the Education Law.

23                ACTING PRESIDENT VALESKY:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3507

 1   act shall take effect July 1, 2013.

 2                ACTING PRESIDENT VALESKY:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT VALESKY:   Senator 

 6   Carlucci to explain his vote.

 7                SENATOR CARLUCCI:   I want to thank 

 8   Senator Flanagan for bringing this important bill 

 9   to the floor.  The Gap Elimination Adjustment has 

10   probably been one of the largest single reasons 

11   that many districts around our state are facing 

12   deficits.  

13                I'm looking forward to seeing this 

14   bill pass, that we can finally eliminate and 

15   phase out the Gap Elimination Adjustment.  I 

16   think that will do a tremendous amount of good to 

17   school districts around the state and want to 

18   thank my fellow Senators for passing this 

19   important legislation.

20                ACTING PRESIDENT VALESKY:   Senator 

21   Carlucci in the affirmative.

22                Senator Krueger to explain her vote.

23                SENATOR KRUEGER:   Thank you, 

24   Mr. President.  

25                Well, this is certainly the 


                                                               3508

 1   feel-good bill of the day.  Who wouldn't want to 

 2   put another $570 million into the school systems 

 3   and public education?  Well, the dilemma is, 

 4   again, it's feel-good.  Everybody wants to 

 5   eliminate the gap.  

 6                But unless we come up with an 

 7   additional $570 million in this year in 

 8   2014-2015, $540 million in 2015-2016, and 

 9   $540 million in 2016-2017, the bill actually 

10   needs to explain where we're cutting that money 

11   out of the budget because it's not creating new 

12   money or appropriating new money, it's just 

13   saying we're going to shift some of the money 

14   that's going to schools somewhere to do this.

15                This is the ultimate example of why 

16   we are accused of not being reality-based.  We 

17   are accused of spending money without explaining 

18   where it's going to come from.  

19                Senator Robach yesterday had his gap 

20   elimination bill.  We could never do this under 

21   gap elimination.  We could take a responsible 

22   position that as much as we want to throw another 

23   $500 million a year into education without 

24   actually explaining where we're getting it, that 

25   we're supposed to be responsible legislators and 


                                                               3509

 1   not vote for bills that we can't account for the 

 2   money, where it's coming from and who is losing 

 3   it in exchange.  

 4                I must vote no, as much as I would 

 5   love to give education another half a billion 

 6   dollars per year.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT VALESKY:   Senator 

 9   Krueger in the negative.

10                Senator Flanagan to explain his 

11   vote.

12                SENATOR FLANAGAN:   Thank you, 

13   Mr. President.  

14                I wasn't going to explain my vote 

15   until I just heard the explanation from Senator 

16   Krueger.  And this is not a feel-good bill.  And 

17   in fact it is reality-based.  So to suggest to 

18   the contrary I think is divorced from reality 

19   itself.  

20                Any one of our colleagues, no matter 

21   what part of this state you're from, the one 

22   thing that we've heard more about in the 

23   financing of education is getting rid of the Gap 

24   Elimination Adjustment.  I have traveled all 

25   across the state, met with school districts 


                                                               3510

 1   everywhere.  This is the number-one priority.  

 2                Ultimately it might make people feel 

 3   good, but it is based in reality.  And it is not 

 4   unreasonable to assume that this could be done 

 5   within three years, because this year we put 

 6   almost a billion dollars new money into 

 7   education, last year over $750 million.  

 8                This is a responsible bill that 

 9   indicates the wishes and desires and the 

10   realities of school districts all across the 

11   State of New York.  And I am absolutely going to 

12   vote in favor of this bill.  

13                ACTING PRESIDENT VALESKY:   Senator 

14   Flanagan in the affirmative.

15                Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar Number 1364, those recorded in the 

18   negative are Senators Avella, Espaillat, Hoylman, 

19   Krueger, Montgomery, Perkins, Sanders, Serrano 

20   and Stavisky.  Also Senator Rivera.  

21                Ayes, 49.  Nays, 10.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1366, by Senator Valesky, Senate Print 5552A, an 


                                                               3511

 1   act to amend the Agriculture and Markets Law.

 2                ACTING PRESIDENT VALESKY:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT VALESKY:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 57.  Nays, 

10   2.  Senators Espaillat and Sanders recorded in 

11   the negative.

12                ACTING PRESIDENT VALESKY:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1367, by Senator Breslin, Senate Print 5564A, an 

16   act granting.

17                ACTING PRESIDENT VALESKY:   There is 

18   a home-rule message at the desk.

19                Read the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 59.


                                                               3512

 1                ACTING PRESIDENT VALESKY:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1368, by Senator Breslin, Senate Print 5565A, an 

 5   act granting.

 6                ACTING PRESIDENT VALESKY:   There is 

 7   a home-rule message at the desk.

 8                Read the last section.

 9                THE SECRETARY:   Section 6.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT VALESKY:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.

15                ACTING PRESIDENT VALESKY:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1369, by Senator Breslin, Senate Print 5566A, an 

19   act granting.

20                ACTING PRESIDENT VALESKY:   There is 

21   a home-rule message at the desk.

22                Read the last section.

23                THE SECRETARY:   Section 6.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT VALESKY:   Call the 


                                                               3513

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 59.

 4                ACTING PRESIDENT VALESKY:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1370, substituted earlier by Member of the 

 8   Assembly Zebrowski, Assembly Print 6648, an act 

 9   authorizing.

10                ACTING PRESIDENT VALESKY:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT VALESKY:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 58.  Nays, 

18   1.  Senator Bonacic recorded in the negative.

19                ACTING PRESIDENT VALESKY:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1371, substituted earlier by Member of the 

23   Assembly Benedetto, Assembly Print Number 6708, 

24   an act to amend Chapter 618 of the Laws of 1998.

25                ACTING PRESIDENT VALESKY:   Read the 


                                                               3514

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT VALESKY:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 59.

 8                ACTING PRESIDENT VALESKY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1372, substituted earlier by Member of the 

12   Assembly Gjonaj, Assembly Print Number 7483, an 

13   act to amend the Economic Development Law.

14                ACTING PRESIDENT VALESKY:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT VALESKY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.

22                ACTING PRESIDENT VALESKY:   The bill 

23   is passed.  

24                Senator Libous.

25                SENATOR LIBOUS:   Mr. President, are 


                                                               3515

 1   we complete with the noncontroversial calendar?  

 2                ACTING PRESIDENT VALESKY:   We had a 

 3   bill by Senator Young that was laid aside 

 4   temporarily.  Are we returning to that bill?  

 5                SENATOR LIBOUS:   Yes, we're going 

 6   to lay that aside for the day.

 7                ACTING PRESIDENT VALESKY:   Senator 

 8   Young's bill is laid aside for the day.

 9                We've now completed the 

10   noncontroversial reading of the calendar.

11                Senator Libous.

12                SENATOR LIBOUS:   Okay, thank you, 

13   Mr. President.  

14                I believe we go back to motions.  

15   Senator Gianaris has a motion, and then I have 

16   several motions.

17                ACTING PRESIDENT VALESKY:    

18   Returning to motions and resolutions.

19                Senator Gianaris.

20                SENATOR GIANARIS:   Thank you, 

21   Mr. President.  

22                On behalf of Senator Kennedy, on 

23   page number 45 I offer the following amendments 

24   to Calendar Number 1035, Senate Print 5441A, and 

25   ask that said bill retain its place on Third 


                                                               3516

 1   Reading Calendar.

 2                ACTING PRESIDENT VALESKY:   So 

 3   ordered.

 4                Senator Libous.

 5                SENATOR LIBOUS:   Mr. President, one 

 6   second, please.

 7                (Pause.)

 8                SENATOR LIBOUS:   Mr. President.

 9                ACTING PRESIDENT VALESKY:   Senator 

10   Libous.

11                SENATOR LIBOUS:   I do have some 

12   amendments.

13                ACTING PRESIDENT VALESKY:   You may 

14   proceed.

15                SENATOR LIBOUS:   On behalf of 

16   Senator Skelos, I wish to call up his bill, Print 

17   Number 5069, recalled from the Assembly, which is 

18   now at the desk.

19                ACTING PRESIDENT VALESKY:   The 

20   Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   625, by Senator Skelos, Senate Print 5069, an act 

23   to amend the Domestic Relations Law.

24                SENATOR LIBOUS:   I now move to 

25   reconsider the vote by which this bill was 


                                                               3517

 1   passed.

 2                ACTING PRESIDENT VALESKY:   Call the 

 3   roll on reconsideration.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.

 6                SENATOR LIBOUS:   I offer up the 

 7   following amendments.

 8                ACTING PRESIDENT VALESKY:   The 

 9   amendments are received.

10                SENATOR LIBOUS:   On behalf of 

11   Senator Marcellino, Mr. President, I wish to call 

12   up his bill, Print 5182, recalled from the 

13   Assembly, which is now at the desk.

14                ACTING PRESIDENT VALESKY:   The 

15   Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   1065, by Senator Marcellino, Senate Print 5182, 

18   an act to authorize.

19                SENATOR LIBOUS:   I now move to 

20   reconsider the vote by which this bill was 

21   passed.

22                ACTING PRESIDENT VALESKY:   Call the 

23   roll on reconsideration.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 59.


                                                               3518

 1                SENATOR LIBOUS:   I offer up the 

 2   following amendments.

 3                ACTING PRESIDENT VALESKY:   The 

 4   amendments are received.

 5                SENATOR LIBOUS:   On behalf of 

 6   Senator Boyle, Mr. President, on page 5 I offer 

 7   the following amendments to Calendar Number 72, 

 8   Senate Print 2121, and ask that said bill retain 

 9   its place on the Third Reading Calendar.

10                ACTING PRESIDENT VALESKY:   The 

11   amendments are received, and the bill will retain 

12   its place on Third Reading Calendar.

13                SENATOR LIBOUS:   On behalf of 

14   Senator DeFrancisco, Mr. President, on page 53 I 

15   offer the following amendments to Calendar Number 

16   1190, Senate Print 3852, and ask that said bill 

17   retain its place on Third Reading Calendar.

18                ACTING PRESIDENT VALESKY:   The 

19   amendments are received, and the bill will retain 

20   its place on Third Reading Calendar.

21                SENATOR LIBOUS:   And on behalf of 

22   Senator Golden, on page 55 I offer the following 

23   amendments to Calendar Number 1273, Senate Print 

24   4174, and ask that said bill retain its place on 

25   the Third Reading Calendar.


                                                               3519

 1                ACTING PRESIDENT VALESKY:   The 

 2   amendment are received, and the bill will retain 

 3   its place on Third Reading Calendar.

 4                SENATOR LIBOUS:   Mr. President.

 5                ACTING PRESIDENT VALESKY:   Senator 

 6   Libous.

 7                SENATOR LIBOUS:   We will not 

 8   adjourn.  We're going to stand at ease.  But 

 9   members should know that they're dismissed 

10   because our business is concluded.  We're just 

11   waiting for some work to be completed at the 

12   desk.  

13                But I will make the announcement, 

14   although we're not adjourning, that we will 

15   convene on Monday, June 17th, at 2:00 p.m.  

16                So the Senate is not adjourning, 

17   it's just standing at ease, but members are free 

18   to do what they need to do at this point in time.

19                ACTING PRESIDENT VALESKY:   The 

20   Senate will stand at ease temporarily.

21                (Whereupon, the Senate stood at ease 

22   at 1:16 p.m.)

23                (Whereupon, the Senate reconvened at 

24   2:02 p.m.)

25                SENATOR LIBOUS:   Mr. President.


                                                               3520

 1                ACTING PRESIDENT VALESKY:   Senator 

 2   Libous.

 3                SENATOR LIBOUS:   Could we return to 

 4   motions quickly.

 5                ACTING PRESIDENT VALESKY:   Motions 

 6   and resolutions.

 7                SENATOR LIBOUS:   On behalf of 

 8   Senator Hannon, on page 52 I offer the following 

 9   amendments to Calendar Number 1165, Senate Print 

10   3944, and ask that said bill retain its place on 

11   the Third Reading Calendar.

12                ACTING PRESIDENT VALESKY:   The 

13   amendments are received, and the bill will retain 

14   its place on the Third Reading Calendar.

15                SENATOR LIBOUS:   Mr. President, is 

16   there any further business at the desk?  

17                ACTING PRESIDENT VALESKY:   There is 

18   none.

19                SENATOR LIBOUS:   Thank you, 

20   Mr. President.  

21                There being no further business at 

22   the desk, I move that the Senate adjourn until 

23   Monday, which is going to be June 17th, at 

24   2:00 p.m., intervening days being legislative 

25   days.


                                                               3521

 1                ACTING PRESIDENT VALESKY:   On 

 2   motion, the Senate stands adjourned until Monday, 

 3   June 17th, at 2:00 p.m., intervening days being 

 4   legislative days.

 5                (Whereupon, at 2:03 p.m., the Senate 

 6   adjourned.)

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