Regular Session - June 18, 2013

                                                                   3634

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 18, 2013

11                     11:59 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               3635

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   and join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   In the 

10   absence of clergy today, I ask all to please bow 

11   their heads in a moment of silent prayer and 

12   reflection.

13                (Whereupon, the assemblage 

14   respected a moment of silence.)

15                ACTING PRESIDENT GRIFFO:   The 

16   reading of the Journal.  

17                The Secretary will read.

18                THE SECRETARY:   In Senate, Monday, 

19   June 17th, the Senate met pursuant to 

20   adjournment.  The Journal of Sunday, June 16th, 

21   was read and approved.  On motion, Senate 

22   adjourned.

23                ACTING PRESIDENT GRIFFO:   Without 

24   objection, the Journal stands approved as read.

25                Presentation of petitions.


                                                               3636

 1                Messages from the Assembly.

 2                The Secretary will read.

 3                THE SECRETARY:   On page 6, Senator 

 4   Young moves to discharge, from the Committee on 

 5   Rules, Assembly Bill Number 5900A and substitute 

 6   it for the identical Senate Bill Number 3843A, 

 7   Third Reading Calendar 176.

 8                ACTING PRESIDENT GRIFFO:    

 9   Substitution so ordered.

10                THE SECRETARY:   On page 8, Senator 

11   Latimer moves to discharge, from the Committee 

12   on Local Government, Assembly Bill Number 2288A 

13   and substitute it for the identical Senate Bill 

14   Number 2122A, Third Reading Calendar 231.

15                ACTING PRESIDENT GRIFFO:    

16   Substitution so ordered.

17                THE SECRETARY:   On page 14, 

18   Senator Squadron moves to discharge, from the 

19   Committee on Housing, Construction and Community 

20   Development, Assembly Bill Number 5438 and 

21   substitute it for the identical Senate Bill 

22   Number 226, Third Reading Calendar 435.

23                ACTING PRESIDENT GRIFFO:    

24   Substitution so ordered.

25                THE SECRETARY:   On page 15, 


                                                               3637

 1   Senator Boyle moves to discharge, from the 

 2   Committee on Environmental Conservation, 

 3   Assembly Bill Number 7411 and substitute it for 

 4   the identical Senate Bill Number 4367A, Third 

 5   Reading Calendar 466.

 6                ACTING PRESIDENT GRIFFO:    

 7   Substitution so ordered.

 8                THE SECRETARY:   On page 20, 

 9   Senator Carlucci moves to discharge, from the 

10   Committee on Rules, Assembly Bill Number 7904 

11   and substitute it for the identical Senate Bill 

12   Number 4861A, Third Reading Calendar 597.

13                ACTING PRESIDENT GRIFFO:   The 

14   substitution is so ordered.

15                THE SECRETARY:   On page 27, 

16   Senator DeFrancisco moves to discharge, from the 

17   Committee on Investigations and Government 

18   Operations, Assembly Bill Number 7262 and 

19   substitute it for the identical Senate Bill 

20   Number 4696, Third Reading Calendar 838.

21                ACTING PRESIDENT GRIFFO:    

22   Substitution so ordered.

23                Messages from the Governor.

24                Reports of standing committees.

25                Reports of select committees.


                                                               3638

 1                Communications and reports from 

 2   state officers.

 3                Motions and resolutions.

 4                Senator Libous.

 5                SENATOR LIBOUS:   Mr. President, 

 6   Senator Valesky I believe has a motion.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Valesky.

 9                SENATOR VALESKY:   Thank you, 

10   Mr. President.

11                On behalf of Senator Savino, on 

12   page 21 I offer the following amendments to 

13   Calendar Number 660, Senate Print Number 4589, 

14   and ask that said bill retain its place on the 

15   Third Reading Calendar.

16                ACTING PRESIDENT GRIFFO:   The 

17   amendments are received, and the bill shall 

18   retain its place on third reading.

19                Senator Libous.

20                SENATOR LIBOUS:   Thank you, 

21   Mr. President.

22                On behalf of Senator Ranzenhofer, I 

23   wish to call up his bill, Print Number 2118, 

24   recalled from the Assembly, and it's now at the 

25   desk.


                                                               3639

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Calendar Number 50, 

 4   by Senator Ranzenhofer, Senate Print 2118, an act 

 5   to amend the Public Health Law.

 6                SENATOR LIBOUS:   I now move to 

 7   reconsider the vote by which this bill was 

 8   passed.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll on reconsideration.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 53.

13                SENATOR LIBOUS:   I offer up the 

14   following amendments.

15                ACTING PRESIDENT GRIFFO:   The 

16   amendments are received.

17                SENATOR LIBOUS:   Thank you, 

18   Mr. President.  

19                On behalf of Senator Gallivan, I 

20   wish to call up his bill, Senate Print 89, 

21   recalled from the Assembly, and it's now at the 

22   desk.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               3640

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

 2   act to amend the Executive Law.

 3                SENATOR LIBOUS:   Mr. President, I 

 4   now move to reconsider the vote by which this 

 5   bill was passed.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll on reconsideration.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 53.

10                SENATOR LIBOUS:   I offer up the 

11   following amendments.

12                ACTING PRESIDENT GRIFFO:   The 

13   amendments are received.

14                SENATOR LIBOUS:   Mr. President, on 

15   behalf of Senator Gallivan, I move to amend 

16   Senate Bill Number 352A by striking out the 

17   amendments made on June 17th and restoring it to 

18   its original print, 352.

19                ACTING PRESIDENT GRIFFO:   So 

20   ordered.

21                SENATOR LIBOUS:   Mr. President, at 

22   this time I'd like to adopt the Resolution 

23   Calendar, with the exception of Resolution 2419, 

24   by Senator Larkin; Resolution 2421, by Senator 

25   Little; Resolution 2485, by Senator Carlucci; and 


                                                               3641

 1   Resolution 2490, by Senator Breslin.

 2                ACTING PRESIDENT GRIFFO:   All in 

 3   favor of adopting the Resolution Calendar, with 

 4   the exception of Resolutions 2419, 2421, 2485, 

 5   and 2490, signify by saying aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT GRIFFO:   Opposed?  

 8                (No response.)

 9                ACTING PRESIDENT GRIFFO:   The 

10   Resolution Calendar is adopted.

11                SENATOR LIBOUS:   Mr. President, if 

12   you'd just give me a second here.

13                (Pause.)

14                ACTING PRESIDENT GRIFFO:   Can I 

15   have some order in the chamber, please.

16                Senator Libous.  

17                SENATOR LIBOUS:   Mr. President, I 

18   want to take up Resolution 2421, by Senator 

19   Little, have the title read, and call on 

20   Senator Little.

21                ACTING PRESIDENT GRIFFO:   The 

22   Secretary will read.

23                THE SECRETARY:   Legislative 

24   Resolution Number 2421, by Senator Little, 

25   memorializing Governor Andrew M. Cuomo to 


                                                               3642

 1   proclaim July 1, 2013, as the "Spirit of 1776" 

 2   Wagon Day in the State of New York.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Little.

 5                SENATOR LITTLE:   Thank you, 

 6   Mr. President.

 7                This is a resolution that is 

 8   supported by all of the women Senators here in 

 9   the chamber.  And it is important because 

10   New York State is the cradle for the women's 

11   rights movement in the United States.  

12                As we all know, in 2020 we will 

13   celebrate the anniversary of women's right to 

14   vote, 100 years, in 1920.  And in 2017 we will 

15   celebrate the first women's vote in New York 

16   State.

17                So why is the "Spirit of 1776" Wagon 

18   important?  This is part of a women's exhibit 

19   that was in the museum for 2012, it was there, 

20   and it actually led the way in the women's 

21   movement from Seneca Falls to the Supreme Court.  

22   And the exhibit showcased a horse-drawn campaign 

23   wagon called the "Spirit of 1776" that was used 

24   in parades and special events.  

25                This wagon was part of the beginning 


                                                               3643

 1   movement for the campaigners who were campaigning 

 2   for women's right to vote.  The wagon was used in 

 3   Manhattan.  It was taken to parades in Long 

 4   Island.  It was used throughout that part of 

 5   New York State.

 6                It's a historical artifact 

 7   symbolizing the significance of New York women's 

 8   participation in the suffrage movement, which 

 9   really lasted over a 72-year period, starting in 

10   1848 in Seneca Falls, New York, and ending with 

11   the ratification of the 19th Amendment that 

12   allowed women to vote in New York State that took 

13   place, as I said, in 1917 and 1920 on the 

14   national level.

15                We have in the gallery Susan Zimet, 

16   who is an organizer and really spearheaded a 

17   group of women together, a national group of 

18   women that is called Votes for Women 2020 and is 

19   promoting the celebration in order to educate, 

20   inspire, and promote the history of women's right 

21   to vote, with a focus on the past and an eye to 

22   the future, with the goals of preserving and 

23   promoting New York State history sites.  And we 

24   have many sites in New York State.  Just to 

25   mention a few, the Susan B. Anthony House, the 


                                                               3644

 1   Matilda Joslyn Gage Home, and the Harriet Tubman 

 2   Home.  

 3                And the goal of Votes for Women 2020 

 4   is to create in New York State a Women's Heritage 

 5   Trail.  And with that, we're beginning that whole 

 6   beginning by using this wagon that was used in 

 7   the very initial trail that brought us to having 

 8   women have the right to vote in New York and in 

 9   this country.

10                So I commend Susan for starting 

11   this.  And I ask all of you to join with me as we 

12   celebrate the "Spirit of 1776" Wagon and ask the 

13   Governor to proclaim July 1, 2013, as that day.  

14   And I believe we're going to have having the 

15   wagon here tomorrow outside the Capitol at 

16   10 o'clock in the morning.  Thank you.

17                Thank you, Mr. President.

18                ACTING PRESIDENT GRIFFO:   Thank 

19   you, Senator Little.

20                Senator Tkaczyk.

21                SENATOR TKACZYK:   Thank you, 

22   Mr. President.

23                I want to thank Senator Little for 

24   bringing this resolution to the floor.  I 

25   wholeheartedly support it.  


                                                               3645

 1                And I think when we look at our 

 2   history, celebrating the fact that women have the 

 3   right to vote is a great thing.  I want to thank 

 4   Susan Zimet and the others who have been working 

 5   on this.  And I wholeheartedly support the 

 6   resolution, not only the resolution but what 

 7   we're about to embark on.  

 8                And I would love to work with 

 9   Senator Little on a trail around the state that 

10   recognizes the important role women have played 

11   in our history to get us to this point.  A 

12   hundred-year anniversary is something we need to 

13   start working on now.  And I look forward to 

14   working with Senator Little on this in the 

15   future.

16                Thank you.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Hassell-Thompson.

19                SENATOR HASSELL-THOMPSON:   Thank 

20   you, Mr. President.

21                I raise to thank Senator Little for 

22   allowing for us to be a cosponsor, particularly 

23   because the work of the suffragette is not yet 

24   finished.  It certainly is represented very well 

25   in this Senate by the women who serve here.  


                                                               3646

 1                And I know that men are still not 

 2   ready for us to have the "vote" vote, but I think 

 3   what we are doing here is celebrating a major 

 4   milestone that women have made in changing the 

 5   way in which government works.  

 6                And so I thank her and appreciate 

 7   the opportunity to have been one of the signers 

 8   on this important piece of legislation in the 

 9   form of a resolution.

10                Thank you, Mr. President.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Hoylman.

13                SENATOR HOYLMAN:   Thank you, 

14   Mr. President.  

15                I rise to thank Senator Little for 

16   her efforts and also acknowledge the historic 

17   link between the women's rights movement and the 

18   LGBT community, as summarized by the President of 

19   the United States in his inaugural address, where 

20   he noted the connection between Seneca Falls and 

21   Stonewall, which is in my district.  

22                And I wanted to thank all the 

23   advocates here today, and I look forward to 

24   working with them as we prepare for this historic 

25   anniversary, Mr. President.


                                                               3647

 1                Thank you, Senator Little.

 2                ACTING PRESIDENT GRIFFO:   Thank 

 3   you, Senator Hoylman.

 4                Is there any other Senator who 

 5   wishes to be heard?

 6                The question is on the resolution. 

 7   All in favor of adopting the resolution signify 

 8   by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT GRIFFO:   Opposed?  

11                (No response.)

12                ACTING PRESIDENT GRIFFO:   The 

13   resolution is adopted.

14                Senator Libous.

15                SENATOR LIBOUS:   Mr. President, I 

16   believe there's a resolution at the desk, 

17   Number 2490, by Senator Breslin.  He'd like it 

18   read in its entirety, and then if we could call 

19   on him for comments.

20                ACTING PRESIDENT GRIFFO:   I'm going 

21   to ask for some order in the chamber, please.  

22                The Secretary will read the 

23   resolution.

24                THE SECRETARY:   Legislative 

25   Resolution Number 2490, by Senator Breslin, 


                                                               3648

 1   mourning the untimely death of Lieutenant Colonel 

 2   Todd Clark, of Albany, New York, and paying 

 3   tribute to his courageous actions as a member of 

 4   the United States Army.  

 5                "WHEREAS, The courage and bravery of 

 6   our military personnel since the United States 

 7   Armed Forces commenced Operation Iraqi Freedom 

 8   will ensure our continued role as a nation which 

 9   embodies the ideals of democracy, and as a 

10   defender of liberty for people throughout the 

11   world; and 

12                "WHEREAS, Members of the Armed 

13   Services from the State of New York, who have 

14   served so valiantly and honorably during 

15   Operation Enduring Freedom, deserve a special 

16   salute from this Legislative Body; and 

17                "WHEREAS, It is with feelings of 

18   deepest regret that this Legislative Body mourns 

19   the untimely death of 40 year-old Lieutenant 

20   Colonel Todd Clark, of Albany, New York, and pays 

21   tribute to his courageous actions as a member of 

22   the United States Army; he died in the line of 

23   duty on Saturday, June 8, 2013; and 

24                "WHEREAS, Lieutenant Colonel Todd 

25   Clark was a brigade-level advisor with the United 


                                                               3649

 1   States Army's 10th Mountain Division; and 

 2                "WHEREAS, Lieutenant Colonel Todd 

 3   Clark spent more than 17 years in the military; 

 4   he graduated from Christian Brothers Academy in 

 5   1990, enrolled at Texas A&M and entered the 

 6   United States Army shortly after earning his 

 7   degree; and 

 8                "WHEREAS, Serving his second tour in 

 9   Afghanistan, Lieutenant Colonel Todd Clark had 

10   completed three other tours in Iraq, and spent 

11   roughly 12 years overseas; and 

12                "WHEREAS, In July of 2010, 

13   Lieutenant Colonel Todd Clark was injured by a 

14   roadside bomb in the southern Afghan province of 

15   Kandahar; he received a Purple Heart and, after 

16   recovering, he became deeply involved in the 

17   Wounded Warrior program; and 

18                "WHEREAS, Lieutenant Colonel Todd 

19   Clark is survived by his proud parents, Jack and 

20   Kathleen Clark, his loving wife, Shelley, and 

21   their two beautiful children, Madison and Collin; 

22   and 

23                "WHEREAS, The banner of freedom will 

24   always wave over our beloved New York and all of 

25   America, the land of the free and the home of the 


                                                               3650

 1   Brave; and 

 2                "WHEREAS, Residents of this great 

 3   state must never forget the courage with which 

 4   these men and women served their country, and 

 5   must recognize that no greater debt is owed than 

 6   that owed to those who gave their lives for their 

 7   beloved nation and to those who continue to be 

 8   missing in action; and 

 9                "WHEREAS, The freedoms and security 

10   we cherish as Americans come at a very high price 

11   for those serving in the military in times of 

12   conflict; it is fitting and proper that we who 

13   are the beneficiaries of those who risk their 

14   lives, leaving their families behind, express our 

15   appreciation and eternal gratitude for their 

16   sacrifices and courageous acts; now, therefore, 

17   be it 

18                "RESOLVED, That this Legislative 

19   Body pause in its deliberations to mourn the 

20   untimely death of Lieutenant Colonel Todd Clark, 

21   of Albany, New York, and to pay tribute to his 

22   courageous actions as a member of the United 

23   States Army; and be it further 

24                "RESOLVED, That a copy of this  

25   resolution, suitably engrossed, be transmitted to 


                                                               3651

 1   the family of Lieutenant Colonel Todd Clark."

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Breslin.

 4                SENATOR BRESLIN:   Thank you, 

 5   Mr. President.

 6                As we meet here today in our 

 7   New York State Legislature, in the Senate, at the 

 8   same time the Clark family is preparing for the 

 9   funeral of Lieutenant Colonel Todd Clark today.  

10   And Todd Clark and others are responsible for 

11   allowing us to have those freedoms.  

12                A young man -- only 40 -- 17 years 

13   in the service, a graduate of Christian Brothers 

14   Academy here in Albany.  Seventeen years in the 

15   service, but it goes beyond that.

16                Todd served three tours in Iraq, and 

17   he was now in his second tour in Afghanistan.  On 

18   his first tour in Afghanistan, he was wounded by 

19   a roadside explosion.  He knew the dangers of 

20   being there, but he also knew that he was 

21   protecting our country and serving our country.

22                And we mourn him this day for what 

23   he has done and what he represents.  A lieutenant 

24   colonel at 40, he leaves a wife, Shelley, and two 

25   young children.  


                                                               3652

 1                And it's no coincidence that he rose 

 2   to that level of lieutenant colonel.  He's the 

 3   son of a decorated service veteran who knew the 

 4   risks, but he knew it was necessary to protect 

 5   this country.

 6                We will mourn his loss, but we 

 7   should not forget that loss.  And we should 

 8   continue to praise those people who make the 

 9   ultimate sacrifice to allow us to participate in 

10   the most wonderful democracy in the world.

11                Thank you, Mr. President.

12                ACTING PRESIDENT GRIFFO:   Thank 

13   you, Senator Breslin.

14                Senator Ritchie.

15                SENATOR RITCHIE:   I would like to 

16   thank Senator Breslin for bringing this 

17   resolution to the Senate today.  

18                As you know, Fort Drum, which is the 

19   home of the Army's 10th Mountain Division, is in 

20   my district.  Colonel Clark and his family made 

21   their home in Evans Mills, just outside the gates 

22   on the post.  Some of you may recall Colonel 

23   Clark in 2012 when he joined us here in this 

24   chamber as part of the first Fort Drum Day.  

25                I envisioned Fort Drum Day as a way 


                                                               3653

 1   for this body to celebrate this post and 

 2   highlight the important role it plays in the 

 3   North Country community and our state's economy.  

 4   But the commanding general at the time insisted 

 5   that we rename it 10th Mountain Division and 

 6   Fort Drum Day, in that order, because it was 

 7   important for us to recognize the individual 

 8   fellow men and women, our fellow New Yorkers, who 

 9   serve in our armed forces and the sacrifices they 

10   have made for our freedom.  

11                The price of that we see today, and 

12   we acknowledge it today.  Lieutenant Colonel Todd 

13   Clark and his fellow officer Lieutenant Colonel 

14   Jaimie Leonard, another graduate of West Point 

15   and also a constituent of Colonel Larkin's, are 

16   the fourth and the fifth Fort Drum soldiers who 

17   have given their lives in Afghanistan this year.  

18   Their loss is a tragedy for their families, to 

19   the community and the state.  

20                Today as we learn about Lieutenant 

21   Colonel Clark, as we honor his life and his 

22   dedication and his commitment, I encourage my 

23   colleagues to remember the sacrifice of all our 

24   men and women in uniform.  Say a prayer for them 

25   each day and be proud to a live in a nation that 


                                                               3654

 1   produces such brave men and women like Lieutenant 

 2   Colonel Clark and Lieutenant Colonel Leonard.  

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT GRIFFO:   Thank 

 5   you, Senator Ritchie.

 6                Senator Farley.

 7                SENATOR FARLEY:   Thank you, 

 8   Mr. President.

 9                I rise also to pay tribute to a 

10   magnificent American and somebody that gave his 

11   life.  

12                Anybody that's been reading the 

13   local papers about this sad and tragic story that 

14   has happened to the Clark family and the tribute 

15   that has been paid in this community to this 

16   person that gave his life for his country -- you 

17   know, Senator Ritchie was saying he was a member 

18   of the 10th Mountain Division, one of the most 

19   celebrated fighting divisions that has ever been 

20   part of our armed forces and who we honored here 

21   in this Senate.  He goes back to that long 

22   tradition of defending our country.  

23                And Colonel Clark did so much and 

24   served so long and finally gave his life on 

25   behalf of this country.  And I think everybody in 


                                                               3655

 1   this chamber should be proud of his service and 

 2   what his family has done for our country.  

 3                It is with great sorrow and 

 4   gratitude that I stand to praise this magnificent 

 5   person, Colonel Clark.

 6                ACTING PRESIDENT GRIFFO:   Thank 

 7   you, Senator Farley.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   I also rise 

10   to speak on this resolution.

11                Having served in the Air Force, 

12   fortunately I did not have to serve in combat.  

13   And the thing that I reflect on in listening to 

14   this resolution is that it's very difficult to 

15   even imagine someone who served in Iraq for three 

16   tours and was on his second tour in Afghanistan.  

17   I mean, this is truly a special person.  

18                It's one thing to serve and be 

19   called a veteran; it's another to serve in 

20   combat.  But to repeatedly serve in combat which 

21   increases exponentially the chances of something 

22   terrible happening shows the character of this 

23   particular individual, Todd Clark.

24                So when we reflect on this 

25   resolution and reflect on him, we truly have to 


                                                               3656

 1   recognize a special, special individual who not 

 2   only served, not only served repeatedly, but put 

 3   himself in harm's way on five different 

 4   occasions.

 5                So God rest his soul, and God please 

 6   give peace to Todd Clark's family.

 7                Thank you.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you, Senator DeFrancisco.

10                Senator Larkin.

11                SENATOR LARKIN:   Thank you, 

12   Mr. President.

13                You know, it's a sad day when we 

14   have to come and bear the news brought to us 

15   about our fellow human beings, and especially our 

16   New Yorkers.  

17                Here are two individuals who have 

18   been in combat for over five years.  They were on 

19   a special mission, military intelligence.  They 

20   had seen the fight of battle.  And yet it comes 

21   home to us, because now it's our turn.  

22                Too often I think we as Americans 

23   pass it by as, oh, two soldiers got killed 

24   yesterday, three got killed last week.  If it 

25   weren't for those individuals, you wouldn't be 


                                                               3657

 1   sitting on your you-know-what here today in 

 2   Albany.

 3                They made the supreme sacrifice.  

 4   They cared about our country.  They cared about 

 5   our state.  And yet they pursued in defense of 

 6   this great nation.

 7                You know, I think Patty said it 

 8   quite clearly, John, a few others -- Senator 

 9   Farley -- this is a gift we've been given of 

10   these great, honest, sincere and dedicated 

11   Americans who have made a supreme sacrifice.  

12   Their family, their family is distraught.  Where 

13   do they go from here?  How do they make up their 

14   families?  How do they move on?  

15                They're blessed in one respect 

16   because from the Academy we take care of our 

17   own.  But just don't go home tonight and think, 

18   well, we praised a couple of soldiers.  They're 

19   not a couple of soldiers, they're a couple of 

20   distinguished American citizens who happen to be 

21   part of our armed forces who gave something so 

22   that we can continue to live on in a peaceful, 

23   happy way.

24                Thank you, Mr. President.

25                ACTING PRESIDENT GRIFFO:   Thank 


                                                               3658

 1   you, Senator Larkin.

 2                The question is on the resolution. 

 3   All in favor signify by saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT GRIFFO:   Opposed?  

 6                (No response.)

 7                ACTING PRESIDENT GRIFFO:   The 

 8   resolution is adopted.

 9                Senator Libous.

10                SENATOR LIBOUS:   Mr. President, I'd 

11   like to open up this resolution to all the 

12   members.  And as our custom is, if someone 

13   doesn't want to be on it, just let the desk know.

14                ACTING PRESIDENT GRIFFO:   The 

15   resolution is open for cosponsorship.  If you 

16   choose not to be a cosponsor, please notify the 

17   desk.

18                Senator Libous.

19                SENATOR LIBOUS:   Mr. President, at 

20   this time like to take up Resolution Number 2485, 

21   by Senator Carlucci.  Read the title and call on 

22   Senator Carlucci, please.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will read.

25                THE SECRETARY:   Legislative 


                                                               3659

 1   Resolution Number 2485, by Senator Carlucci, 

 2   honoring Jill A. Warner upon the occasion of her 

 3   designation as recipient of the Thomas P. Morahan 

 4   Annual Leadership Award in Mental Health and 

 5   Developmental Disabilities.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Carlucci.

 8                SENATOR CARLUCCI:   Mr. President, I 

 9   rise to honor Jill Warner as the recipient of the 

10   Thomas P. Morahan Leadership Award in Mental 

11   Health and Developmental Disabilities.

12                As many of you know, Senator Thomas 

13   Morahan served in this chamber and dedicated his 

14   career and really his life to serving those with 

15   developmental disabilities and mental health 

16   issues, and made it a priority to make sure that 

17   we protect our most vulnerable populations.  So 

18   it's so fitting that we honor, in his legacy, a 

19   true champion of our most vulnerable 

20   populations.  

21                And Jill Warner serves as the 

22   executive director and CEO of Jawonio.  And 

23   Jawonio is a premier organization in serving 

24   people living with developmental disabilities as 

25   well as mental health issues.  


                                                               3660

 1                And what Jill Warner has done is 

 2   really has led this organization, led Jawonio 

 3   into the 21st century in dealing with so many 

 4   different complex issues that we have to deal 

 5   with today.  And not using the silos of the past 

 6   but using a service where we know that there's 

 7   dual diagnosis, that people that are living with 

 8   developmental disabilities might also have a 

 9   mental health issue.

10                And they've really broken down those 

11   barriers to make sure they're delivering the best 

12   quality care possible to our most vulnerable 

13   populations.

14                So it's such an honor and really 

15   it's a great privilege to be able to recognize 

16   such a true public servant as Jill Warner, who's 

17   not only really walked the footsteps of Senator 

18   Morahan by not just talking the talk but walking 

19   the walk, and not just doing this as a job but 

20   really as a passion for her life.  

21                So I want to thank you for your 

22   contributions, and it's an honor to have Jill 

23   Warner here with us today.  

24                Thank you.

25                ACTING PRESIDENT GRIFFO:   Jill, we 


                                                               3661

 1   want to extend our congratulations to you and our 

 2   best wishes as you receive this award named in 

 3   honor of the esteemed late member of the Senate, 

 4   Senator Tom Morahan.  So congratulations.  

 5   Welcome to the chamber.

 6                (Applause.)

 7                ACTING PRESIDENT GRIFFO:   The 

 8   question is on the resolution.  All in favor 

 9   signify by saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT GRIFFO:   Opposed?  

12                (No response.)

13                ACTING PRESIDENT GRIFFO:   The 

14   resolution is adopted.

15                Senator Maziarz.

16                SENATOR MAZIARZ:   Thank you, 

17   Mr. President.  

18                And as is our custom, we'll open up 

19   the resolution for anyone.  And those who wish 

20   not to sponsor it can notify the desk.

21                ACTING PRESIDENT GRIFFO:   So noted 

22   and instructed.

23                SENATOR MAZIARZ:   Thank you.  

24                Mr. President, can we please take up 

25   Senate Resolution Number 2419, by Senator Larkin, 


                                                               3662

 1   read the title only.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Legislative 

 5   Resolution Number 2419, by Senator Larkin, 

 6   commemorating the Amyotrophic Lateral Sclerosis 

 7   (ALS) Association's 5th Annual Hudson Valley Walk 

 8   to Defeat ALS on October 20, 2013, in New York 

 9   State.

10                ACTING PRESIDENT GRIFFO:   The 

11   question is on the resolution.  All in favor 

12   signify by saying aye.

13                (Response of "Aye.")

14                ACTING PRESIDENT GRIFFO:   Opposed?  

15                (No response.)

16                ACTING PRESIDENT GRIFFO:   The 

17   resolution is adopted.

18                Senator Maziarz.

19                SENATOR MAZIARZ:   Thank you, 

20   Mr. President.  

21                Mr. President, I wish to call up 

22   Senate Print Number 4567, which is now at the 

23   desk.

24                ACTING PRESIDENT GRIFFO:   The 

25   Secretary will read.


                                                               3663

 1                THE SECRETARY:   Calendar Number 

 2   292, by Senator Zeldin, Senate Print 4567, an act 

 3   to amend the Environmental Conservation Law.

 4                SENATOR MAZIARZ:   Mr. President, I 

 5   now move to reconsider the vote by which this 

 6   bill was passed.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll on reconsideration.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 58.

11                SENATOR MAZIARZ:   I now move to 

12   commit Senate Print Number 4567, Calendar Number 

13   292 on the order of third reading, to the 

14   Committee on Rules, with instructions to said 

15   committee to strike the enacting clause.

16                ACTING PRESIDENT GRIFFO:   So 

17   ordered, as requested.

18                SENATOR MAZIARZ:   Thank you, 

19   Mr. President.  

20                Mr. President, we are going to have 

21   a Rules Committee meeting at 1:00 p.m. sharp, and 

22   the Senate will stand at ease until that time.

23                ACTING PRESIDENT GRIFFO:   There 

24   will be a Rules Committee meeting in Room 332 at 

25   1:00 p.m. sharp.  


                                                               3664

 1                Until such time, the Senate stands 

 2   at ease.

 3                (Whereupon, the Senate stood at ease 

 4   at 12:33 p.m.)

 5                (Whereupon, the Senate reconvened at 

 6   1:51 p.m.)

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Senate will come to order.

 9                Senator Maziarz.

10                SENATOR MAZIARZ:   Thank you, 

11   Mr. President.

12                Could we return to the reports of 

13   standing committees.

14                ACTING PRESIDENT GRIFFO:   We'll 

15   return to reports of standing committees.

16                SENATOR MAZIARZ:   Mr. President, I 

17   believe there's a report of the Rules Committee 

18   at the desk.

19                ACTING PRESIDENT GRIFFO:   There is 

20   a report of the Rules Committee before the desk.

21                The Secretary will read.

22                THE SECRETARY:   Senator Skelos, 

23   from the Committee on Rules, reports the 

24   following bills:  

25                Senate Print 20, by Senator Diaz, an 


                                                               3665

 1   act to amend the Penal Law; 

 2                Senate 48, by Senator Peralta, an 

 3   act to amend the Penal Law; 

 4                Senate 769, by Senator LaValle, an 

 5   act to amend the Indian Law; 

 6                Senate 815, by Senator Adams, an act 

 7   to amend the Penal Law; 

 8                Senate 985, by Senator Martins, an 

 9   act to amend the Civil Practice Law and Rules; 

10                Senate 1052, by Senator Maziarz, an 

11   act to amend the Penal Law; 

12                Senate 1187A, by Senator Maziarz, an 

13   act to amend the Public Authorities Law; 

14                Senate 1205, by Senator Carlucci, an 

15   act to amend the Real Property Tax Law; 

16                Senate 1591A, by Senator Grisanti, 

17   an act to amend the General Business Law; 

18                Senate 1980, by Senator Carlucci, an 

19   act to amend the Agriculture and Markets Law; 

20                Senate 2011, by Senator Ranzenhofer, 

21   an act to amend the Education Law; 

22                Senate 2186A, by Senator Robach, an 

23   act to amend the Public Health Law; 

24                Senate 2373, by Senator Klein, an 

25   act to amend the Insurance Law; 


                                                               3666

 1                Senate 2375B, by Senator Klein, an 

 2   act to amend the Public Health Law; 

 3                Senate 2433A, by Senator Klein, an 

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

 5   Breeding Law; 

 6                Senate 2443, by Senator Ranzenhofer, 

 7   an act to amend the General Obligations Law; 

 8                Senate 2665B, by Senator Ball, an 

 9   act to amend the Agriculture and Markets Law; 

10                Senate 2753A, by Senator Marchione, 

11   an act to amend the Education Law; 

12                Senate 2901, by Senator Marchione, 

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

14   and Breeding Law; 

15                Senate 2921A, by Senator LaValle, an 

16   act authorizing; 

17                Senate 3143, by Senator Krueger, an 

18   act to amend the Social Services Law; 

19                Senate 3465, by Senator Seward, an 

20   act to amend the Insurance Law; 

21                Senate 3642, by Senator LaValle, an 

22   act to amend the Tax Law; 

23                Senate 3678A, by Senator Gallivan, 

24   an act to amend the Social Services Law; 

25                Senate 4064, by Senator Marcellino, 


                                                               3667

 1   an act to amend the Penal Law; 

 2                Senate 4216, by Senator Golden, an 

 3   act to amend the Penal Law; 

 4                Senate 4653B, by Senator 

 5   Stewart-Cousins, an act to authorize; 

 6                Senate 4728A, by the Committee on 

 7   Rules, an act to amend the Civil Practice Law and 

 8   Rules; 

 9                Senate 4730, by Senator Skelos, an 

10   act to amend the Executive Law; 

11                Senate 4735A, by Senator Farley, an 

12   act to allow;

13                Senate 4777D, by Senator Golden, an 

14   act making an appropriation; 

15                Senate 4801A, by Senator Marcellino, 

16   an act to amend the Civil Rights Law;

17                Senate 4829A, by Senator Lanza, an 

18   act to amend the Penal Law; 

19                Senate 4855A, by Senator Savino, an 

20   act to amend the Navigation Law;

21                Senate 4929, by Senator Nozzolio, an 

22   act to amend the Correction Law; 

23                Senate 5144, by Senator Skelos, an 

24   act to amend the Family Court Act;

25                Senate 5162B, by Senator Savino, an 


                                                               3668

 1   act to amend the Retirement and Social Security 

 2   Law; 

 3                Senate 5236, by Senator Seward, an 

 4   act to amend the Insurance Law; 

 5                Senate 5347, by Senator Golden, an 

 6   act to amend the Tax Law; 

 7                Senate 5422A, by Senator Ritchie, an 

 8   act to amend the Penal Law; 

 9                Senate 5426A, by Senator Gallivan, 

10   an act to amend the Penal Law; 

11                Senate 5489A, by Senator Grisanti, 

12   an act directing; 

13                Senate 5518A, by Senator Lanza, an 

14   act to amend the Penal Law; 

15                Senate 5556A, by Senator Flanagan, 

16   an act to amend the Education Law; 

17                Senate 5568A, by Senator Flanagan, 

18   an act to amend the Education Law; 

19                Senate 5588, by Senator Carlucci, an 

20   act to amend the Real Property Tax Law; 

21                Senate 5655A, by Senator Carlucci, 

22   an act to authorize; 

23                Senate 5666, by Senator Valesky, an 

24   act authorizing;

25                Senate 5691, by Senator Farley, an 


                                                               3669

 1   act to amend the Tax Law; 

 2                Senate 5698, by Senator DeFrancisco, 

 3   an act to amend the Public Authorities Law; 

 4                Senate 5706, by Senator Valesky, an 

 5   act to amend the Education Law; 

 6                Senate 5728, by Senator Ranzenhofer, 

 7   an act to amend the New York State Urban 

 8   Development Corporation Act; 

 9                Senate 5753, by Senator Breslin, an 

10   act to authorize; 

11                Senate 5774, by Senator Nozzolio, an 

12   act to authorize; 

13                Senate 5775, by Senator Klein, an 

14   act to amend the Insurance Law; 

15                Senate 5779A, by Senator Adams, an 

16   act to amend the Social Services Law; 

17                Senate 5799, by Senator Savino, an 

18   act implementing; 

19                Senate 5801, by Senator Carlucci, an 

20   act to define;

21                Senate 5802, by Senator Griffo, an 

22   act to amend the Mental Hygiene Law; 

23                And Senate 5805, by Senator Farley, 

24   an act to amend the Military Law.

25                All bills reported direct to third 


                                                               3670

 1   reading.

 2                SENATOR MAZIARZ:   Mr. President, 

 3   could we have a motion to accept the report of 

 4   the Rules Committee.

 5                ACTING PRESIDENT GRIFFO:   All in 

 6   favor of accepting the Committee on Rules report 

 7   signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT GRIFFO:   Opposed?  

10                (No response.)

11                ACTING PRESIDENT GRIFFO:   The 

12   Committee on Rules report is accepted.

13                Senator Maziarz.

14                SENATOR MAZIARZ:   Thank you very 

15   much, Mr. President.

16                Mr. President, on behalf of Senator 

17   Gallivan, on page number 27 I offer the following 

18   amendments to Calendar Number 832, Senate Print 

19   Number 4820, and ask that said bill retain its 

20   place on Third Reading Calendar.

21                ACTING PRESIDENT GRIFFO:   We will 

22   return to motions and resolutions.  

23                The amendments are accepted, and the 

24   bill will retain its place on third reading, 

25   Senator Maziarz.


                                                               3671

 1                SENATOR MAZIARZ:   Thank you, 

 2   Mr. President.

 3                Mr. President, I move to amend 

 4   Senate Bill Number 4998A by striking out the 

 5   amendments made on 6/17/2013 and restoring it to 

 6   its original printed, Number 4998.  And that's on 

 7   behalf of Senator Lanza.

 8                ACTING PRESIDENT GRIFFO:   So 

 9   ordered.

10                SENATOR MAZIARZ:   Thank you, 

11   Mr. President.

12                Mr. President, would you please 

13   recognize Senator Gianaris.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Gianaris.

16                SENATOR GIANARIS:   Mr. President, 

17   on behalf of Senator Stewart-Cousins, I move to 

18   commit Senate Print 4241B, Calendar 491 on the 

19   order of third reading, to the Committee on Rules 

20   with instructions to said committee to strike out 

21   the enacting clause.

22                ACTING PRESIDENT GRIFFO:   So 

23   ordered.

24                SENATOR GIANARIS:   And on behalf of 

25   Senator Dilan, I wish to call up Senate Print 


                                                               3672

 1   391, recalled from the Assembly, which is now at 

 2   the desk.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Calendar Number 11, 

 6   by Senator Dilan, Senate Print 391, an act to 

 7   amend the Vehicle and Traffic Law.

 8                SENATOR GIANARIS:   I move to 

 9   reconsider the vote by which the bill was passed.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll on reconsideration.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 60.

14                SENATOR GIANARIS:   I now offer the 

15   following amendments.

16                ACTING PRESIDENT GRIFFO:   The 

17   amendments are received.

18                Senator Maziarz.

19                SENATOR MAZIARZ:   Thank you very 

20   much, Mr. President.  

21                Mr. President, can we at this time 

22   take up the noncontroversial reading of today's 

23   active list.

24                ACTING PRESIDENT GRIFFO:   We will 

25   now go to the active list, noncontroversial 


                                                               3673

 1   reading.  

 2                The Secretary will read.

 3                THE SECRETARY:   Calendar Number 76, 

 4   by Senator Fuschillo, Senate Print 780A, an act 

 5   to authorize.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 59.  Nays, 

14   1.  Senator Ball recorded in the negative.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   176, substituted earlier by Member of the 

19   Assembly Wright, Assembly Print 5900A, an act to 

20   amend the Private Housing Finance Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3674

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   On page 7, Senator 

 7   Golden moves to discharge, from the Committee on 

 8   Rules, Assembly Bill Number 3180A and substitute 

 9   it for the identical Senate Bill Number 2098A, 

10   Third Reading Calendar 194.

11                ACTING PRESIDENT GRIFFO:    

12   Substitution so ordered.

13                The Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   194, by Member of the Assembly Abbate, Assembly 

16   Print Number 3180A, an act to amend the Penal 

17   Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the first of November.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll

24                (The Secretary called the roll.) 

25                THE SECRETARY:   Ayes, 60.


                                                               3675

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   231, substituted earlier by Member of the 

 5   Assembly Paulin, Assembly Print 2288A, an act in 

 6   relation to authorizing.

 7                SENATOR GIANARIS:   Lay it aside for 

 8   the day.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is laid aside for the day.

11                THE SECRETARY:   Calendar Number 

12   279, by Senator Bonacic, Senate Print 2042, an 

13   act to amend the Labor Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.  Nays, 

22   1.  Senator Hassell-Thompson recorded in the 

23   negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3676

 1                THE SECRETARY:   Calendar Number 

 2   339, by Senator Fuschillo, Senate Print 3528A, an 

 3   act to amend the Vehicle and Traffic Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the first of November.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 59.  Nays, 

12   1.  Senator Ball recorded in the negative.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   401, by Senator Klein, Senate Print 4101A, an act 

17   to amend the Alcoholic Beverage Control Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the first of November.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.


                                                               3677

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   435, substituted earlier by Member of the 

 5   Assembly Silver, Assembly Print 5438, an act to 

 6   amend the Private Housing Finance Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Squadron to explain his vote.

16                SENATOR SQUADRON:   Thank you, 

17   Mr. President.

18                We know that in New York City we 

19   have a housing crunch, and that's true on 

20   affordable housing, it's true on housing for 

21   middle-class families.  This bill, by working 

22   with Mitchell-Lama communities, will expand the 

23   number of middle-class families who have access 

24   to affordable housing, which is exactly why the 

25   Mitchell-Lama program was originally created.  


                                                               3678

 1                It does it in a away that still 

 2   allows folks currently on the wait list to get in 

 3   but takes away a requirement that made it that 

 4   much harder for folks starting their careers and 

 5   starting their families to live in Mitchell-Lama 

 6   housing, and it's a great bill for that reason.

 7                I want to thank Speaker Silver and 

 8   Assemblymember Millman in the other house, 

 9   Senator Golden in this house, and the rest of my 

10   colleagues for their support of this bill.

11                And as we tackle a challenge that 

12   needs so many solutions -- this is an important 

13   piece of it -- I want to especially thank a 

14   constituent -- well, a former constituent until 

15   the new districts lines got drawn for us -- Toba 

16   Potosky, who brought this issue to my attention 

17   and has worked to bring citywide focus to it.  

18                I vote aye, Mr. President.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Squadron to be recorded in the affirmative.

21                Announce the results.

22                THE SECRETARY:   Ayes, 57.  Nays, 

23   3.  Senators Ball, Diaz and Maziarz recorded in 

24   the negative.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3679

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   466, substituted earlier by Member of the 

 4   Assembly Titone, Assembly Print 7411, an act to 

 5   amend the Environmental Conservation Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 59.  Nays, 

14   1.  Senator LaValle recorded in the negative.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                Calendar Number 491, the enacting 

18   clause was stricken during motions so it's no 

19   longer on the calendar.  So we'll go to Calendar 

20   Number 494.

21                THE SECRETARY:   Calendar Number 

22   494, by Senator Skelos, Senate Print 4295A, an 

23   act to authorize.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3680

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.  Nays, 

 7   1.  Senator Bonacic recorded in the negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   528, by Senator Grisanti, Senate Print 904, an 

12   act to authorize.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 60.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   597, substituted earlier by Member of the 

25   Assembly Gunther, Assembly Print 7904, an act to 


                                                               3681

 1   amend the Mental Hygiene Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 4.  This 

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

 6   same manner as Part A of Chapter 501 of the Laws 

 7   of 2012.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   619, by Senator Flanagan, Senate Print 1528, an 

16   act to amend the General Business Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the first of January.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT GRIFFO:   Announce 

25   the results.


                                                               3682

 1                THE SECRETARY:   In relation to 

 2   Calendar 619, those recorded in the negative are 

 3   Senators Ball, Gallivan, Hassell-Thompson, 

 4   Krueger and Marchione.  

 5                Ayes, 55.  Nays, 5.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   625, by Senator Skelos, Senate Print 5069A, an 

10   act to amend the Domestic Relations Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 4.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 60.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   714, by Senator Libous, Senate Print 966, an act 

23   to amend the Social Services Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3683

 1                THE SECRETARY:   Section 4.  This 

 2   act shall take effect February 22, 2014.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT GRIFFO:   Announce 

 7   the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar 714, those recorded in the negative are 

10   Senators Adams, Hassell-Thompson, Hoylman, 

11   Krueger, Montgomery, Parker, Perkins and Rivera.  

12   Also Senators Sanders and Squadron.  

13                Ayes, 50.  Nays, 10.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   797, by Senator DeFrancisco, Senate Print 4512A, 

18   an act to amend the Real Property Tax Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3684

 1                THE SECRETARY:   Ayes, 59.  Nays, 

 2   1.  Senator Ball recorded in the negative.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   803, by Senator DeFrancisco, Senate Print 552, an 

 7   act to amend the Social Services Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Krueger to explain her vote.

17                SENATOR KRUEGER:   Thank you, 

18   Mr. President.

19                I wish that the sponsor had been 

20   able to amend his bill in some way before it came 

21   before us on the floor, because while I 

22   understand the intention is to try to make 

23   landlords pay their taxes -- and I want them to 

24   pay their taxes.  Because it sets it up that 

25   public assistance should not pay the rent for 


                                                               3685

 1   poor tenants if the landlord has failed to pay 

 2   the -- excuse me.  It sets it up so that public 

 3   assistance social services shall not pay the rent 

 4   if the landlord is behind on his taxes.  

 5                The dilemma there is despite the way 

 6   the bill is written, advocates who represent poor 

 7   tenants in courts throughout the state are quite 

 8   sure that tenants are going to end up being 

 9   evicted through no fault of their own.  Because 

10   they did not not pay the rent, the public agency 

11   was told not to pay the rent.  

12                And so there could have been a way 

13   perhaps to amend the bill so that the social 

14   service agency paid the money towards the taxes 

15   owed, rather than to the landlord, and had it 

16   counted as such.  But the bill is not written in 

17   that way.  

18                So my fear is even though the 

19   intention is good, that if this were to become 

20   law it would result in poor tenants who had done 

21   no wrong ending up losing their homes.  So I'll 

22   be voting no.  

23                Thank you, Mr. President.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Krueger to be recorded in the negative.


                                                               3686

 1                Senator DeFrancisco to explain his 

 2   vote.

 3                SENATOR DeFRANCISCO:   Yes.  In 

 4   Syracuse there was a situation last year, and I'm 

 5   sure it's continuing, where there were landlords 

 6   in the City of Syracuse that were receiving the 

 7   monies from the tenants directly through the 

 8   social services department and then not bothering 

 9   to pay their taxes, to the tune of hundreds of 

10   thousands of dollars.  

11                I certainly sympathize with tenants 

12   who aren't having their landlords pay -- make 

13   sure that the monies are being used to pay taxes 

14   so they don't get evicted.  But in the long run 

15   what this is going to do is if the landlord wants 

16   to stay in business, they've got to pay their 

17   taxes like anybody else.  And I'm sure that in 

18   the long run that's going to happen.

19                And I guess, if you take a look at 

20   these same landlords, they're probably the same 

21   ones that are providing uninhabitable premises 

22   because they don't care about their 

23   responsibilities, making it difficult for tenants 

24   to live in those places.

25                So I think in the long term this is 


                                                               3687

 1   going to be a very beneficial thing for the City 

 2   of Syracuse, and I urge others to consider it for 

 3   their municipalities as well.  Thank you.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   DeFrancisco to be recorded in the affirmative.

 6                Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar 803, those recorded in the negative are 

 9   Senators Adams, Avella, Breslin, Dilan, 

10   Espaillat, Hassell-Thompson, Hoylman, Krueger, 

11   Montgomery, Parker, Perkins, Rivera, Sanders, 

12   Serrano, Squadron and Tkaczyk.

13                Ayes, 45.  Nays, 16.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   838, substituted earlier by Member of the 

18   Assembly Gottfried, Assembly Print Number 7262, 

19   an act to amend the Tax Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3688

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   963, by Senator Bonacic, Senate Print 2015, an 

 7   act to amend the Education Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the 120th day.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 58.  Nays, 

16   4.  Senators Ball, Ranzenhofer, Tkaczyk and 

17   Zeldin recorded in the negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1052, by Senator Martins, Senate Print 4211, an 

22   act to authorize.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3689

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 61.  Nays, 

 6   1.  Senator Bonacic recorded in the negative.  

 7                Also Senator Larkin in the 

 8   negative.  

 9                Ayes, 60.  Nays, 2.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1053, by Senator Martins, Senate Print 4212, an 

14   act to authorize.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 60.  Nays, 

23   2.  Senators Bonacic and Larkin recorded in the 

24   negative.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3690

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1065, by Senator Marcellino, Senate Print 5182A, 

 4   an act to authorize.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 60.  Nays, 

13   2.  Senators Bonacic and Larkin recorded in the 

14   negative.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                In relation to Calendar Number 1073, 

18   a home-rule message has not been received.  So as 

19   a result, the bill will be laid aside for day.

20                The Secretary will go to Calendar 

21   Number 1080.

22                THE SECRETARY:   Calendar Number 

23   1080, by Senator Latimer, Senate Print 4843, an 

24   act to amend the State Technology Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3691

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect on the 120th day.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 61.  Nays, 

 8   1.  Senator Griffo recorded in the negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1207, by Senator Savino, Senate Print 5011A, an 

13   act to amend Chapter 879 of the Laws of 1939.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 4.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1311, by Senator Libous, Senate Print 1913, an 


                                                               3692

 1   act to amend the Highway Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Krueger to explain your vote.

11                SENATOR KRUEGER:   Thank you, 

12   Mr. President.

13                I am voting no.  The estimated price 

14   on this bill is I believe approximately 

15   $23 million to $25 million to change signage.  We 

16   could pay for the DREAM Act with that money this 

17   year, not change signage.  I'll vote no.  

18                Thank you.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Krueger in the negative.

21                Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar Number 1311, those recorded in the 

24   negative are Senators Ball, DeFrancisco, Dilan, 

25   Espaillat, Gipson, Griffo, Hoylman, Krueger, 


                                                               3693

 1   Montgomery, O'Brien, Peralta, Rivera, Serrano, 

 2   Stavisky and Tkaczyk.

 3                Ayes, 47.  Nays, 15.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1365, by Senator Libous, Senate Print --

 8                SENATOR MAZIARZ:   Lay the bill 

 9   aside for the day, please.

10                ACTING PRESIDENT GRIFFO:   Lay the 

11   bill aside for the day.

12                Senator Maziarz, that concludes the 

13   reading of the active list and noncontroversial 

14   calendar.

15                SENATOR MAZIARZ:   Thank you very 

16   much, Mr. President.  

17                Could we now take up Senate 

18   Supplemental Calendar Number 54A, please, the 

19   noncontroversial reading.

20                ACTING PRESIDENT GRIFFO:   We will 

21   now take up Senate Supplemental Calendar 54A, 

22   noncontroversial, and the Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   1414, by Senator Diaz, Senate Print 20, an act to 

25   amend the Penal Law.


                                                               3694

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect on the first of November.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 60.  Nays, 

 9   2.  Senators Montgomery and Perkins recorded in 

10   the negative.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1415, by Senator Peralta, Senate Print 48, an act 

15   to amend the Penal Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 4.  This 

19   act shall take effect on the first of November.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 59.  Nays, 

24   3.  Senators Hassell-Thompson, Montgomery and 

25   Perkins recorded in the negative.


                                                               3695

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 1416, Senator LaValle moves to 

 5   discharge, from the Committee on Investigations 

 6   and Government Operations, Assembly Bill Number 

 7   73 and substitute it for the identical Senate 

 8   Bill Number 769, Third Reading Calendar 1416.

 9                ACTING PRESIDENT GRIFFO:    

10   Substitution so ordered.

11                The Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   1416, by Member of the Assembly Thiele, Assembly 

14   Print 73, an act to amend the Indian Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3696

 1   1417, by Senator Adams, Senate Print 815, an act 

 2   to amend the Penal Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 90th day.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 61.  Nays, 

11   1.  Senator Montgomery recorded in the negative.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1418, by Senator Martins, Senate Print 985, an 

16   act to amend the Civil Practice Law and Rules.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3697

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1419, by Senator Maziarz, Senate Print 1052, an 

 4   act to amend the Penal Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect on the first of November.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1420, by Senator Maziarz, Senate Print 1187A, an 

17   act to amend the Public Authorities Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 61.  Nays, 


                                                               3698

 1   1.  Senator Zeldin recorded in the negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1421, by Senator Carlucci, Senate Print 1205, an 

 6   act to amend the Real Property Tax Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the 120th day.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 61.  Nays, 

15   1.  Senator Diaz recorded in the negative.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                Calendar Number 1422 is high.  The 

19   Secretary will read Calendar Number 1423.

20                THE SECRETARY:   Calendar Number 

21   1423, by Senator Carlucci, Senate Print 1980, an 

22   act to amend the Agriculture and Markets Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 6.  This 


                                                               3699

 1   act shall take effect on the first of January.  

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 60.  Nays, 

 6   2.  Senators Diaz and Espaillat recorded in the 

 7   negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1424, by Senator Ranzenhofer, Senate Print 2011, 

12   an act to amend the Education Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 61.  Nays, 

21   1.  Senator Zeldin recorded in the negative.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   In relation to 

25   Calendar Number 1425, Senator Robach moves to 


                                                               3700

 1   discharge, from the Committee on Finance, 

 2   Assembly Bill Number 962A and substitute it for 

 3   the identical Senate Bill Number 2186A, Third 

 4   Reading Calendar 1425.

 5                ACTING PRESIDENT GRIFFO:    

 6   Substitution so ordered.

 7                The Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   1425, by Member of the Assembly Kellner, 

10   Assembly Print Number 962A, an act to amend the 

11   Public Health Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the first of April.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 62.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1426, by Senator Klein, Senate Print 2373, an act 

24   to amend the Insurance Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3701

 1   last section.

 2                THE SECRETARY:   Section 14.  This 

 3   act shall take effect on the 180th day.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1427, by Senator Klein, Senate Print 2375B, an 

12   act to amend the Public Health Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect after one year.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 60.  Nays, 

21   2.  Senators Ball and Montgomery recorded in the 

22   negative.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   In relation to 


                                                               3702

 1   Calendar Number 1428, Senator Klein moves to 

 2   discharge, from the Committee on Racing, Gaming 

 3   and Wagering, Assembly Bill Number 2329A and 

 4   substitute it for the identical Senate Bill 

 5   Number 2433A, Third Reading Calendar 1428.

 6                ACTING PRESIDENT GRIFFO:    

 7   Substitution so ordered.

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   1428, by Member of the Assembly Pretlow, Assembly 

11   Print Number 2329A, an act to amend the Racing, 

12   Pari-Mutuel Wagering and Breeding Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 180th day.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   In relation to 

21   Calendar 1428, those recorded in the negative are 

22   Senators Ball, Diaz, Espaillat, Hoylman, Krueger, 

23   Serrano and Squadron.  Also Senator Parker.  

24                Ayes, 54.  Nays, 8.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3703

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1429, by Senator Ranzenhofer, Senate Print 2443, 

 4   an act to amend the General Obligations Law.

 5                SENATOR GIANARIS:   Lay it aside.

 6                ACTING PRESIDENT GRIFFO:   Lay the 

 7   bill aside.

 8                THE SECRETARY:   Calendar Number 

 9   1430, by Senator Ball, Senate Print 2665B, an act 

10   to amend the Agriculture and Markets Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 4.  This 

14   act shall take effect on the 90th day.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 62.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1431, by Senator Marchione, Senate Print 2753A, 

23   an act to amend the Education Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3704

 1                THE SECRETARY:   Section 4.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   In relation to 

10   Calendar Number 1432, Senator Marchione moves to 

11   discharge, from the Committee on Racing, Gaming 

12   and Wagering, Assembly Bill Number 7156, and 

13   substitute it for the identical Senate Bill 

14   Number 2901, Third Reading Calendar 1432.  

15                ACTING PRESIDENT GRIFFO:   The 

16   substitution is so ordered.  

17                The Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   1432, by Member of the Assembly Pretlow, Assembly 

20   Print 7156, an act to amend the Racing, 

21   Pari-Mutuel Wagering and Breeding Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3705

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 60.  Nays, 

 5   2.  Senators Diaz and Espaillat recorded in the 

 6   negative.  

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1433, by Senator LaValle, Senate Print 2921A, an 

11   act authorizing.

12                ACTING PRESIDENT GRIFFO:   There is 

13   no home rule at the desk.  The bill shall be laid 

14   aside for the day.

15                THE SECRETARY:   Calendar Number 

16   1434, by Senator Krueger, Senate Print 3143, an 

17   act to amend the Social Services Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 61.  Nays, 


                                                               3706

 1   1.  Senator Ball recorded in the negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1435, by Senator Seward, Senate Print 3465, an 

 6   act to amend the Insurance Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 62.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1436, by Senator LaValle, Senate Print 3642, an 

19   act to amend the Tax Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3707

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT GRIFFO:   Announce 

 3   the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 1436, those recorded in the 

 6   negative are Senators Adams, Addabbo, Avella, 

 7   Dilan, Espaillat, Gianaris, Hassell-Thompson, 

 8   Hoylman, Krueger, Montgomery, Parker, Peralta, 

 9   Perkins, Rivera, Sanders, Serrano, Squadron, 

10   Stavisky and Tkaczyk.

11                Ayes, 43.  Nays, 19.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1437, by Senator Gallivan, Senate Print 3678A, an 

16   act to amend the Social Services Law.

17                SENATOR MAZIARZ:   Lay it aside for 

18   the day, please.

19                ACTING PRESIDENT GRIFFO:   Lay the 

20   bill aside for the day.

21                THE SECRETARY:   Calendar Number 

22   1438, by Senator Marcellino, Senate Print 4064, 

23   an act to amend the Penal Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3708

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect on the first of November.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1439, by Senator Golden, Senate Print 4216, an 

11   act to amend the Penal Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 4.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 61.  Nays, 

20   1.  Senator Montgomery recorded in the negative.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1440, by Senator Stewart-Cousins, Senate Print 

25   4653B, an act to authorize.


                                                               3709

 1                ACTING PRESIDENT GRIFFO:   There is 

 2   no home-rule message present at the desk.  The 

 3   bill will be laid aside for the day.

 4                THE SECRETARY:   Calendar Number 

 5   1441, by the Committee on Rules, Senate Print 

 6   4728A, an act to amend the Civil Practice Law and 

 7   Rules.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 10.  This 

11   act shall take effect on the 270th day.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1442, by Senator Skelos, Senate Print 4730, an 

20   act to amend the Executive Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3710

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 62.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1443, by Senator Farley, Senate Print 4735A, an 

 8   act to allow.

 9                ACTING PRESIDENT GRIFFO:   There is 

10   a home-rule message at the desk.

11                Read the last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   In relation to 

21   Calendar Number 1444, Senator Golden moves to 

22   discharge, from the Committee on Rules, Assembly 

23   Bill Number 6692C and substitute it for the 

24   identical Senate Bill Number 4777D, Third Reading 

25   Calendar 1444.


                                                               3711

 1                ACTING PRESIDENT GRIFFO:   The 

 2   substitution is ordered.

 3                The Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   1444, by Member of the Assembly Weisenberg, 

 6   Assembly Print 6692C, an act making an 

 7   appropriation.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Golden to explain his vote.

17                SENATOR GOLDEN:   Thank you, 

18   Mr. President.  

19                I rise to thank all of my colleagues 

20   here in this chamber for the good fight that we 

21   put up for OPWDD.  And I want to thank Harvey 

22   Weisenberg and the Assembly for their good fight 

23   in getting over 140 sponsors to sponsor this 

24   bill.  And of course our Governor for going along 

25   with us to make sure that these changes were 


                                                               3712

 1   made.

 2                This bill will restore funding cuts 

 3   to the State Office for People With Developmental 

 4   Disabilities for the nonprofit service providers 

 5   and address the service reductions of federal 

 6   funds without undermining the care provided to 

 7   New Yorkers in need of OPWDD services.  

 8                Earlier this year I made a promise 

 9   to explore the ways that we could restore the 

10   funding cuts associated with OPWDD nonprofit 

11   service providers.  And today I'm proud to be 

12   able to say that I'm making good on that promise.

13                As I said the day we voted on the 

14   2013-2014 New York State budget, that vote was 

15   not the end of the conversation related to the 

16   budget of the Office for People With 

17   Developmental Disabilities.  The people of our 

18   state must have and their families deserve the 

19   chances for us to provide the very best programs 

20   to meet their needs and provide a respectable 

21   quality of life to each and every one of those 

22   families.

23                This legislation will guarantee that 

24   the services available will not be affected by 

25   those budget cuts.  And again, this would not 


                                                               3713

 1   have happened if it weren't for the championship 

 2   of the Assembly and Harvey Weisenberg and every 

 3   member here in this body that stood up and fought 

 4   for those people with disabilities.

 5                So I thank my colleagues, and I vote 

 6   aye.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Golden to be recorded in the affirmative.

 9                Senator DeFrancisco to explain his 

10   vote.

11                SENATOR DeFRANCISCO:   Yes.  Of all 

12   the issues this year in the budget deliberations 

13   and the budget hearings, this was the most 

14   difficult one to deal with.

15                The federal government had required 

16   certain reimbursements for overpayments in this 

17   area, and the Governor rightly made some cuts, as 

18   was any necessary to show good faith to the 

19   federal government.  However, we were only able 

20   to restore $30 million of the cuts.  

21                The Governor made a commitment that 

22   the cuts would only go to the areas that dealt 

23   with administrative costs, as opposed to direct 

24   services, which was a wonderful commitment.  What 

25   this bill does is completely close the loop by 


                                                               3714

 1   saying that to the extent that the reductions in 

 2   administrative costs do not cover the cuts, there 

 3   will be additional funding in order to make sure 

 4   all services to the recipients are able to be 

 5   paid.

 6                So it's a great bill.  It was a 

 7   fight that, as Senator Golden mentioned, all of 

 8   us fought.  And it's important that this be done, 

 9   and it was done.  So everybody cooperated, and we 

10   really appreciate this final result.

11                I vote aye.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   DeFrancisco to be recorded in the affirmative.

14                Senator Carlucci to explain his 

15   vote.

16                SENATOR CARLUCCI:   Thank you, 

17   Mr. President.

18                I rise to support this legislation 

19   and want to thank and echo what the previous 

20   speakers had talked about in thanking the members 

21   of the Senate and the Assembly.  

22                It's so important that in these 

23   changing times that we make sure there's a floor, 

24   a foundation for our most vulnerable 

25   populations.  And I know in Rockland and 


                                                               3715

 1   Westchester Counties we have so many service 

 2   providers that pour their heart and soul into 

 3   providing services for developmentally disabled.  

 4   And with facing those potential cuts, we were 

 5   facing the possibility of closing programs, 

 6   jeopardizing the quality of service that so many 

 7   people have become dependent on and expect.

 8                And if we're going to continue to 

 9   improve the quality of life of people in New York 

10   State that live with developmental disabilities, 

11   both them and their families, this is an 

12   important step to put our money where our mouth 

13   is.  

14                And I want to thank my colleagues in 

15   the Senate and the Assembly, and the Governor, 

16   for coming together, working with the advocates 

17   to make sure we restored this essential funding.

18                So, Mr. President, I'm voting aye on 

19   this bill.  Thank you.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Carlucci to be recorded in the affirmative.

22                Senator LaValle to explain his vote.

23                SENATOR LaVALLE:   Thank you, 

24   Mr. President.

25                I rise to congratulate Senator 


                                                               3716

 1   Golden, Assemblyman Weisenberg, who have been 

 2   dogged in their fight to make sure that funding 

 3   was restored to deal with the most vulnerable 

 4   population.

 5                It is also a great victory for our 

 6   system that we have protected the most vulnerable 

 7   in our society, and that people spoke out, we 

 8   listened, and the system worked.

 9                Again, Senator Golden, 

10   congratulations.  Assemblyman Weisenberg, 

11   congratulations to you.  

12                I vote yes.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   LaValle to be recorded in the affirmative.

15                Senator Marchione to explain her 

16   vote.

17                SENATOR MARCHIONE:   Thank you, 

18   Mr. President.

19                You know, like probably everyone in 

20   this room, there's a lot of tough pieces of 

21   legislation that come before us.  But that one 

22   issue for me was the toughest, that we are 

23   balancing the budget on the backs of our most 

24   vulnerable.  It was difficult when they came to 

25   visit, it was difficult to think that we were 


                                                               3717

 1   taking monies away from the vulnerable in our 

 2   state.

 3                And I just want to compliment 

 4   Senator Golden and all of the Assembly and the 

 5   Senate who are working together, and the 

 6   Governor, on this particular bill to bring this 

 7   forward to make a wrong a right.  And I will be 

 8   voting aye.  

 9                Thank you.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Marchione in the affirmative.

12                Senator Valesky to explain his vote.

13                SENATOR VALESKY:   Thank you, 

14   Mr. President.  

15                I rise to enthusiastically support 

16   this legislation.  It's critically important.  

17   And I want to thank Senator Golden, as the lead 

18   sponsor.  I want to thank Senator DeFrancisco, 

19   through his efforts as chairman of the Finance 

20   Committee.  

21                But I especially want to thank my 

22   colleague Senator Carlucci, who as chair of the 

23   Mental Health Committee not only made this one of 

24   his top priorities in the budget and beyond, but 

25   came to my district after the budget was complete 


                                                               3718

 1   and met with a number of service providers in 

 2   Central New York and made it very clear to them 

 3   that he wasn't going to give up the fight just 

 4   because the formal budget process had concluded 

 5   back in late March.

 6                There is a lot of activity going on 

 7   here in Albany about what legislation may or may 

 8   not come up for a vote in these last few days of 

 9   session.  But the bill that we're voting on today 

10   may in fact be the most important thing we do 

11   this week in terms of making a real difference in 

12   the lives of hundreds and hundreds of citizens 

13   all across New York State.

14                I vote in the affirmative.  Thank 

15   you.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Valesky to be recorded in the affirmative.

18                Senator Tkaczyk to explain her vote.

19                SENATOR TKACZYK:   Thank you, 

20   Mr. President.  

21                I rise along with all of my 

22   colleagues here in great support of this piece of 

23   legislation.  I know there's a lot of families 

24   and individuals who were impacted by the cuts who 

25   are going to sleep better tonight.  


                                                               3719

 1                And I also want to acknowledge 

 2   Assemblyman Weisenberg, who's on the floor today, 

 3   and thank him for his leadership in helping us 

 4   get this through.  And I am greatly thankful to 

 5   him and to the rest of our colleagues here.  

 6                Thank you.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Tkaczyk to be recorded in the affirmative.

 9                Senator Grisanti to explain his 

10   vote.

11                SENATOR GRISANTI:   I want to thank 

12   Senator Golden.  I want to thank Assemblyman 

13   Weisenberg, who's here.  I want to thank Senator 

14   Carlucci.

15                You know, we did something in the 

16   budget where we made sure that OPWDD looked 

17   in-house to make sure that they could look for 

18   whatever funding that's available.  And while 

19   they may have done that, this legislation will 

20   make sure that the cuts and the gaps aren't 

21   there.  

22                But the people that I want to thank 

23   most of all are the advocates, the advocates who 

24   are across this great state that traveled here.  

25   From Buffalo and Long Island, they traveled up 


                                                               3720

 1   here to Albany to let their vices be heard that 

 2   they could not tolerate the funding and the cuts, 

 3   the cuts that were going to happen.  

 4                And we all listened in this chamber, 

 5   they listened in the Assembly, the Governor 

 6   listened.  And they are the true heroes that 

 7   actually deserve the praise to make sure that 

 8   that never happens again.  And while the federal 

 9   government and the state has their problems, we 

10   hopefully rectify this particular situation that 

11   it will never happen again.  

12                And there's other measures that we 

13   are taking, especially today, by making sure we 

14   stop fraud and abuse on Medicaid, to keep the 

15   money for the people that actually need it and 

16   deserve it.  So these are the measures that we're 

17   taking today.  

18                It's important to respect those that 

19   have developmental disabilities.  And to all the 

20   advocates out there, this one's for you.  

21                I vote aye, Mr. President.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Grisanti to be recorded in the affirmative.

24                Announce the results.

25                THE SECRETARY:   Ayes, 62.


                                                               3721

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                (Applause from the gallery.)

 4                ACTING PRESIDENT GRIFFO:   Calendar 

 5   Number 1445 is high.  We'll now go to Calendar 

 6   1446.

 7                THE SECRETARY:   Calendar Number 

 8   1446, by Senator Lanza, Senate Print 4829A, an 

 9   act to amend the Penal Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the first of November.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 60.  Nays, 

18   2.  Senators Hoylman and Montgomery recorded in 

19   the negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1447, by Senator Savino, Senate Print 4855A, an 

24   act to amend the Navigation Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3722

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the 30th day.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 61.  Nays, 

 8   1.  Senator Bonacic recorded in the negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   In relation to 

12   Calendar Number 1448, Senator Nozzolio moves to 

13   discharge, from the Committee on Rules, Assembly 

14   Bill Number 7385 and substitute it for the 

15   identical Senate Bill Number 4929, Third Reading 

16   Calendar 1448.

17                ACTING PRESIDENT GRIFFO:   The 

18   substitution is so ordered.

19                The Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   1448, by Member of the Assembly Russell, Assembly 

22   Print Number 7385, an act to amend the Correction 

23   Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3723

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1449, by Senator Skelos, Senate Print 5144, an 

11   act to amend the Family Court Act.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 22.  This 

15   act shall take effect on the 180th day.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 62.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1450, by Senator Savino, Senate Print 5162B, an 

24   act to amend the Retirement and Social Security 

25   Law.


                                                               3724

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 4.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 61.  Nays, 

 9   1.  Senator Ball recorded in the negative.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1451, by Senator Seward, Senate Print 5236, an 

14   act to amend the Insurance Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   In relation to 


                                                               3725

 1   Calendar Number 1452, Senator Golden moves to 

 2   discharge, from the Committee on Investigations 

 3   and Government Operations, Assembly Bill Number 

 4   7557 and substitute it for the identical Senate 

 5   Bill Number 5347, Third Reading Calendar 1452.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   substitution is so ordered.

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   1452, by Member of the Assembly Farrell, Assembly 

11   Print 7557, an act to amend the Tax Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 61.  Nays, 

20   1.  Senator Ball recorded in the negative.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1453, by Senator Ritchie, Senate Print 5422A, an 

25   act to amend the Penal Law.


                                                               3726

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the first of November.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Ritchie to explain her vote.

10                SENATOR RITCHIE:   On the evening of 

11   Thursday, March 14th, 2013, David Renz, who was 

12   subject to electronic monitoring while awaiting 

13   trial on charges of possessing child pornography, 

14   was able to tamper with his electronic monitoring 

15   equipment by removing it and then putting it back 

16   together.  He violated his curfew by leaving his 

17   mother's house without his electronic monitoring 

18   equipment during the hours of 9 p.m. and 7 a.m., 

19   where he was ordered by the court to remain under 

20   supervision.

21                It was on that evening, Thursday, 

22   March 14, 2013, that he was able to follow Lori 

23   Bresnahan and a 10-year-old girl from a 

24   gymnastics class at a mall in Clay, New York.  

25   Upon confronting them, he raped the young girl.  


                                                               3727

 1   He then forced the woman into the car and drove 

 2   to Verplank Road, where he proceeded to kill Lori 

 3   Bresnahan and rape the 10-year-old girl.  

 4                This was an extremely heinous 

 5   crime.  But for me what was even more 

 6   unbelievable was the fact that it could have been 

 7   prevented, that David Renz tampered with his 

 8   electronic monitoring device 46 times and was 

 9   allowed to get away with it.

10                So I want to thank Senator 

11   DeFrancisco and Senator Valesky for cosponsoring 

12   this bill with me that makes tampering a crime.  

13                I vote yes on this bill.  Thank you, 

14   Mr. President.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Ritchie to be recorded in the affirmative.

17                Announce the results.

18                THE SECRETARY:   Ayes, 62.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   In relation to 

22   Calendar Number 1454, Senator Gallivan moves to 

23   discharge, from the Committee on Codes, Assembly 

24   Bill Number 5008B and substitute it for the 

25   identical Senate Bill Number 5426A, Third Reading 


                                                               3728

 1   Calendar 1454.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   substitution is so ordered.

 4                The Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   1454, by Member of the Assembly Ryan, Assembly 

 7   Print 5008B, an act to amend the Penal Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1455, by Senator Grisanti, Senate Print 5489A, an 

20   act directing.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3729

 1   roll.

 2                THE SECRETARY:   Ayes, 60.  Nays, 

 3   2.  Senators Ball and Marchione recorded in the 

 4   negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1456, by Senator Lanza, Senate Print 5518A, an 

 9   act to amend the Penal Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the 90th day.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1457, by Senator Flanagan, Senate Print 5556A, an 

22   act to amend the Education Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 34.  This 


                                                               3730

 1   act shall take effect on the 180th day after it 

 2   shall have become law.  

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1458, by Senator Flanagan, Senate Print 5568A, an 

11   act to amend the Education Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 5.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 62.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   In relation to 

23   Calendar Number 1459, Senator Carlucci moves to 

24   discharge, from the Committee on Investigations 

25   and Government Operations, Assembly Bill Number 


                                                               3731

 1   1324 and substitute it for the identical Senate 

 2   Bill Number 5588, Third Reading Calendar 1459.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   substitution is so ordered.

 5                The Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   1459, by Member of the Assembly Zebrowski, 

 8   Assembly Print 1324, an act to amend the Real 

 9   Property Tax Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   In relation to 

21   Calendar Number 1460, Senator Carlucci moves to 

22   discharge, from the Committee on Rules, Assembly 

23   Bill Number 7699A and substitute it for the 

24   identical Senate Bill Number 5655A, Third Reading 

25   Calendar 1460.


                                                               3732

 1                ACTING PRESIDENT GRIFFO:   The 

 2   substitution is so ordered.

 3                The Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   1460, by Member of the Assembly Galef, Assembly 

 6   Print Number 7699A, an act to authorize.

 7                ACTING PRESIDENT GRIFFO:   There is 

 8   a home-rule message at the desk.

 9                Read the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 61.  Nays, 

16   1.  Senator Ball recorded in the negative.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1461, by Senator Valesky, Senate Print 5666, an 

21   act authorizing.

22                ACTING PRESIDENT GRIFFO:   There is 

23   a home-rule message at the desk.

24                Read the last section.

25                THE SECRETARY:   Section 7.  This 


                                                               3733

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 61.  Nays, 

 6   1.  Senator Ball recorded in the negative.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   In relation to 

10   Calendar Number 1462, Senator Farley moves to 

11   discharge, from the Committee on Rules, Assembly 

12   Bill Number 7425 and substitute it for the 

13   identical Senate Bill Number 5691, Third Reading 

14   Calendar 1462.

15                ACTING PRESIDENT GRIFFO:   The 

16   substitution is so ordered.

17                The Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   1462, by Member of the Assembly Santabarbara, 

20   Assembly Print 7425, an act to amend the Tax Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3734

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 61.  Nays, 1.  

 4   Senator Gallivan recorded in the negative.  

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1463, by Senator DeFrancisco, Senate Print 5698, 

 9   an act to amend the Public Authorities Law.

10                SENATOR LaVALLE:   Lay the bill 

11   aside for the day.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is laid aside for the day.

14                Calendar Number 1464.

15                THE SECRETARY:   In relation to 

16   Calendar Number 1464, Senator Valesky moves to 

17   discharge, from the Committee on Education, 

18   Assembly Bill Number 1398A and substitute it for 

19   the identical Senate Bill Number 5706, Third 

20   Reading Calendar 1464.

21                ACTING PRESIDENT GRIFFO:   The 

22   substitution is so ordered.

23                The Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   1464, by Member of the Assembly Gunther, Assembly 


                                                               3735

 1   Print Number 1398A, an act to amend the Education 

 2   Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 120th day.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 62.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   In relation to 

14   Calendar Number 1465, Senator Ranzenhofer moves 

15   to discharge, from the Committee on Corporations, 

16   Authorities and Commissions, Assembly Bill Number 

17   7629 and substitute it for the identical Senate 

18   Bill Number 5728, Third Reading Calendar 1465.

19                ACTING PRESIDENT GRIFFO:   The 

20   substitution is so ordered.

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   1465, by Member of the Assembly Schimminger, 

24   Assembly Print Number 7629, an act to amend the 

25   New York State Urban Development Corporation Act.


                                                               3736

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 61.  Nays, 

 9   1.  Senator Ball recorded in the negative.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1466, by Senator Breslin, Senate Print 5753, an 

14   act to authorize.

15                ACTING PRESIDENT GRIFFO:   There is 

16   a home-rule message at the desk.

17                The Secretary will read.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 62.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3737

 1                THE SECRETARY:   Calendar Number 

 2   1467, by Senator Nozzolio, Senate Print 5774, an 

 3   act to authorize.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 61.  Nays, 

12   1.  Senator Ball recorded in the negative.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1468, by Senator Klein, Senate Print 5775, an act 

17   to amend the Insurance Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect on the first of January.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 62.


                                                               3738

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1469, by Senator Adams, Senate Print 5779A, an 

 5   act to amend the Social Services Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect on the 180th day.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 62.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1470, by Senator Savino, Senate Print 5799, an 

18   act implementing.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 18.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3739

 1                THE SECRETARY:   Ayes, 61.  Nays, 

 2   1.  Senator Ball recorded in the negative.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1471, by Senator Carlucci, Senate Print 5801, an 

 7   act to define.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1472, by Senator Griffo, Senate Print 5802, an 

20   act to amend the Mental Hygiene Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3740

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 60.  Nays, 

 4   2.  Senators Krueger and Tkaczyk recorded in the 

 5   negative.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                Calendar Number 1473 is high.

 9                Senator LaValle, that completes the 

10   noncontroversial reading of Supplemental Calendar 

11   54A.

12                SENATOR LaVALLE:   Thank you, 

13   Mr. President. 

14                Can we take up the previously 

15   adopted resolution -- it was adopted on 

16   6/11/13 -- by Senator Avella, Resolution 2124.  

17   Would you read it in its entirety, and Senator 

18   Avella will speak on that resolution.

19                ACTING PRESIDENT GRIFFO:   Thank 

20   you, Senator LaValle.

21                We will return to motions and 

22   resolutions, and the Secretary will read 

23   Resolution Number 2124, which was adopted by the 

24   house on June 11th.  

25                The Secretary will read.


                                                               3741

 1                THE SECRETARY:   Legislative 

 2   Resolution Number 2124, by Senator Avella, 

 3   congratulating Arvind Mahankali upon the occasion 

 4   of being crowned the 2013 Scripps National 

 5   Spelling Bee Champion on May 30, 2013.  

 6                "WHEREAS, It is the intent of this 

 7   Legislative Body to commend and pay tribute to 

 8   those young people who, by achieving outstanding 

 9   success in educational competition, have inspired 

10   and brought pride to our majestic Empire State; 

11   and 

12                "WHEREAS, Attendant to such concern, 

13   and in full accord with its long-standing  

14   traditions, this Legislative Body is justly proud 

15   to congratulate Arvind Mahankali upon the 

16   occasion of being crowned the 2013 Scripps 

17   National Spelling Bee Champion on Thursday, 

18   May 30, 2013, at the Gaylord National Resort and 

19   Convention Center in National Harbor, Maryland; 

20   and 

21                "WHEREAS, Arvind Mahankali, a 

22   13-year-old from Bayside Hills, Queens, is an 

23   eighth-grade student at Nathaniel Hawthorne 

24   Middle School 74 in Bayside, New York, who enjoys 

25   tennis, basketball, and drama; he loves math and  


                                                               3742

 1   science, and hopes to one day pursue a career as 

 2   a physicist; and 

 3                "WHEREAS, A speaker of Telugu and 

 4   Spanish, this was Arvind Mahankali's fourth  

 5   consecutive trip to the Scripps National Spelling 

 6   Bee; he placed ninth in 2010, and finished in 

 7   third place in both 2011 and 2012; and 

 8                "WHEREAS, The 2013 Scripps National 

 9   Spelling Bee was broadcast nationwide on ESPN, 

10   and welcomed 281 spellers from around the world; 

11   the spellers ranged in age from 8-14 years old, 

12   and were all vying for the esteemed title of 

13   champion; and 

14                "WHEREAS, This astute young scholar 

15   was sponsored by The Daily News, and won top 

16   honors after 16 rounds of competition by 

17   correctly spelling the word 'knaidel', a 

18   German-Yiddish word that means matzo dumpling; 

19   and 

20                "WHEREAS, Known as the pride of 

21   Bayside, Arvind Mahankali was urged on by his 

22   proud parents, Srinivas and Bhavani, and younger 

23   brother Srinath; Principal Anthony Armstrong was 

24   also in attendance to support his student; and 

25                "WHEREAS, Arvind Mahankali, in 


                                                               3743

 1   achieving this high honor, may take just pride in 

 2   the inspiration and contribution to the spirit of 

 3   excellence he brings to his family, friends, 

 4   school and region; and 

 5                "WHEREAS, Educational competitions 

 6   which serve to better prepare our students for 

 7   their future participation in the marketplace of 

 8   ideas are worthy of praise and support; and 

 9                "WHEREAS, Poised with enthusiasm and 

10   determined purpose, this scholar now stands 

11   honorably, in eager anticipation of future 

12   challenges, understanding and appreciating the 

13   caring counsel and support provided by his 

14   teachers and parents; now, therefore, be it 

15                "RESOLVED, That this Legislative 

16   Body pause in its  deliberations to congratulate  

17   Arvind Mahankali upon the occasion of being 

18   crowned the 2013 Scripps National Spelling Bee 

19   Champion on May 30, 2013; and be it further 

20                "RESOLVED, That a copy of this 

21   resolution, suitably engrossed, be transmitted to 

22   Arvind Mahankali."

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Avella.

25                SENATOR AVELLA:   Thank you, 


                                                               3744

 1   Mr. President.

 2                I rise today to honor and welcome 

 3   Arvind Mahankali as the 2013 National Spelling 

 4   Bee champion.  

 5                What a tremendous achievement, 

 6   ladies and gentlemen.  He told me that he spent 

 7   four hours a day for years memorizing, learning 

 8   how to spell.  And for somebody who in elementary 

 9   school I never got past the first round in a 

10   spelling bee, I'm just in awe of this young man.  

11                He is the first winner of the 

12   National Spelling Bee from New York City and 

13   New York State in 16 years.  A tremendous 

14   achievement.

15                He's an aspiring physicist.  And I 

16   know if he applies the same dedication and 

17   persistence to physics, you're probably going to 

18   solve the mysteries of the universe.

19                So we look forward to your great 

20   career in the future.  It is a tremendous 

21   achievement for you, your family.  And this body 

22   welcomes you for making sure that New York City 

23   and New York State is among the national winners.

24                And I have to tell you, just to show 

25   you his perseverance, he won, in 2010, fourth; 


                                                               3745

 1   2011, third; 2012, third.  And this year he 

 2   became the National Champion.  That is 

 3   perseverance.  

 4                Congratulations.

 5                (Standing ovation.)

 6                ACTING PRESIDENT GRIFFO:   Arvind, 

 7   we welcome you to the Senate.  We congratulate 

 8   you.  We welcome and extend the courtesies of the 

 9   house to your family.  

10                It's great, in the waning days of 

11   session, to have the National Spelling Bee 

12   champion here.  I think that can be motivational 

13   and inspirational.  Right?

14                Thank you again for being here, and 

15   congratulations.

16                Senator LaValle.

17                SENATOR LaVALLE:   Thank you, 

18   Mr. President.

19                Can we have the controversial 

20   reading of the supplemental calendar and go to 

21   Senator Ranzenhofer's bill, Calendar Number 1429, 

22   Senate Bill 2443.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will ring the bell.

25                The Secretary will read.


                                                               3746

 1                THE SECRETARY:   Calendar Number 

 2   1429, by Senator Ranzenhofer, Senate Print 2443, 

 3   an act to amend the General Obligations Law.

 4                SENATOR SQUADRON:   Explanation.

 5                ACTING PRESIDENT GRIFFO:   An 

 6   explanation has been requested of Senator 

 7   Ranzenhofer by Senator Squadron.

 8                SENATOR RANZENHOFER:   Thank you, 

 9   Mr. President.

10                ACTING PRESIDENT GRIFFO:   Excuse 

11   me, Senator Ranzenhofer.  

12                I'm going to ask for some order in 

13   the house.  I know we're trying to get some 

14   photos, but we also have members that will now be 

15   debating.  So if we can just have some order in 

16   the house.

17                And, Senator Ranzenhofer, an 

18   explanation has been requested.

19                SENATOR RANZENHOFER:   This would 

20   amend the current law that exists right now, 

21   doing away with the requirement that a person be 

22   given notice by certified mail of the extension 

23   of a contract only for life, safety or electronic 

24   alarm services where that person has already 

25   received notice of the renewal and paid the 


                                                               3747

 1   invoice that indicates that the payment would 

 2   continue the contract for those particular 

 3   services.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Squadron.

 6                SENATOR SQUADRON:   Thank you.  If 

 7   the sponsor would yield.

 8                ACTING PRESIDENT GRIFFO:   Senator, 

 9   do you yield?

10                SENATOR RANZENHOFER:   Yes, 

11   Mr. President.

12                ACTING PRESIDENT GRIFFO:   The 

13   sponsor does yield.

14                SENATOR SQUADRON:   Just to make 

15   sure I fully understand this.  Currently, if you 

16   are an elderly or vulnerable person and you have 

17   a life alert system and you sign up for a 

18   contract, what is the company required to do 

19   before you are on the hook to extend that 

20   contract?  

21                SENATOR RANZENHOFER:   Currently 

22   what you have to do -- and again, this just 

23   doesn't apply to elderly individuals or infirm 

24   individuals, this would apply to anybody that had 

25   an electronic system or life safety system which 


                                                               3748

 1   would protect your life or protect your 

 2   property.  

 3                The law right now requires certified 

 4   mail to be given 15 to 30 days in advance before 

 5   you renew your contract.  That's the current 

 6   state of the law right now.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Squadron.

 9                SENATOR SQUADRON:   Thank you.  If 

10   the sponsor would continue to yield.

11                ACTING PRESIDENT GRIFFO:   Does the 

12   sponsor yield?  

13                SENATOR RANZENHOFER:   Yes, 

14   Mr. President.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Squadron.

17                SENATOR SQUADRON:   And under this 

18   bill, what would it take in order to put such a 

19   vulnerable person or elderly person who has a 

20   life alert system on the hook for an additional 

21   contract term of up to a year?  

22                SENATOR RANZENHOFER:   I didn't 

23   quite catch the comment.  There's a little too 

24   much noise.

25                SENATOR SQUADRON:   Through you, 


                                                               3749

 1   I'll repeat it, Mr. President.

 2                Under this bill, if it were to 

 3   become law, what would be required of a company 

 4   to put an elderly or vulnerable person who had a 

 5   life alert system on the hook for up to an 

 6   additional year?

 7                SENATOR RANZENHOFER:   Someone who 

 8   has decided that they feel it's important that 

 9   they have life safety equipment or electronic 

10   equipment, under this bill they would still 

11   receive notice from the company that they can 

12   continue to receive the service which they 

13   elected to have in the first place and which is 

14   there to protect their life and their safety.  If 

15   they want to continue with this equipment and 

16   this system, that they can pay that bill and that 

17   would continue that service that they had 

18   originally opted to purchase.

19                SENATOR SQUADRON:   If the sponsor 

20   would continue to yield.

21                SENATOR RANZENHOFER:   Yes, 

22   Mr. President.

23                ACTING PRESIDENT GRIFFO:   The 

24   sponsor yields.

25                SENATOR SQUADRON:   Within the term 


                                                               3750

 1   of a contract, what is the obligation of an 

 2   elderly or vulnerable person who has a life alert 

 3   system to pay a bill that is sent in a timely 

 4   fashion by the company?  

 5                SENATOR RANZENHOFER:   I'm sorry, 

 6   can you repeat that question again?  

 7                SENATOR SQUADRON:   Through you, 

 8   Mr. President.  Within an existing contract, if 

 9   an elderly or vulnerable person with a life alert 

10   system receives a bill in a timely fashion, what 

11   is their obligation in relation to that bill?  

12                SENATOR RANZENHOFER:   With any 

13   bill, whether it's for this service or any 

14   service, if the person was to receive a bill any 

15   time during the contract and they wanted to 

16   continue with the service, they would pay their 

17   bill.  

18                So if they got a bill, they signed 

19   up for the service on January 1st -- and again, 

20   you could either have it paid through -- you 

21   know, a lot of people pay their bills 

22   electronically, a lot of people pay them by check 

23   through the mail or whatever means you want.  But 

24   if they signed up for the service on January 1st 

25   and they signed up for monthly billing, when they 


                                                               3751

 1   got a billing for the month of February, they 

 2   would then pay that bill if they wanted to 

 3   continue with their service.

 4                SENATOR SQUADRON:   If the sponsor 

 5   would continue to yield.

 6                SENATOR RANZENHOFER:   Yes, 

 7   Mr. President.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   sponsor yields.

10                SENATOR SQUADRON:   Thank you, 

11   Mr. President.

12                I appreciate that answer and where 

13   you took it.  So just to be very clear, if this 

14   bill were to become law and an elderly or 

15   vulnerable person who had a life alert system 

16   received a bill outside of their contract, what 

17   would be their obligation relative to that bill?

18                SENATOR RANZENHOFER:   I can't 

19   imagine a situation where a person would receive 

20   a bill if they did not have a contract for the 

21   service.

22                SENATOR SQUADRON:   If the sponsor 

23   would continue to yield.

24                SENATOR RANZENHOFER:   Yes, 

25   Mr. President.


                                                               3752

 1                ACTING PRESIDENT GRIFFO:   The 

 2   sponsor yields.

 3                SENATOR SQUADRON:   It's an 

 4   interesting point the sponsor makes, that it 

 5   would be strange to be sent a bill if you had a 

 6   prior contract that had expired.

 7                But in the sponsor's bill it says 

 8   payment by the person receiving the service or 

 9   invoice on a contract for electronic and life 

10   safety alarm services after expiration of the 

11   term of the contract shall be considered 

12   acknowledgment by the person receiving the 

13   service that the term of the contract has been 

14   extended or renewed.  An invoice, another term 

15   for a bill.

16                So it seems that the sponsor has 

17   contemplated exactly such an instance in which 

18   someone, an elderly or vulnerable person in the 

19   example we're talking about, out of contract, 

20   would receive an invoice for a service that 

21   they're no longer under contract to pay.

22                SENATOR RANZENHOFER:   You've got it 

23   actually backwards.  That's not the way it would 

24   work.  

25                This is actually a bill which 


                                                               3753

 1   actually protects elderly and vulnerable 

 2   individuals because it gives them the option that 

 3   if they want to continue with the service when 

 4   they get this invoice for services that they've 

 5   already purchased, if they want to continue with 

 6   the services, they can pay their last bill and 

 7   renew that contract.

 8                What often happens right now is 

 9   people that have this type of system, whether 

10   they're traveling, whether they don't get the 

11   certified letter, what happens is this service 

12   lapses and these people are no longer protected.  

13                So what they're doing is this really 

14   protects the elderly, the infirm, because if for 

15   some reason they don't get the certified mail -- 

16   whether they are traveling, whether they are 

17   unable to get to the post office, which would 

18   require them to pick up the certified letter -- 

19   these people are now exposed.  

20                And I don't think that they should 

21   be exposed.  I think they should be able to be 

22   protected, and this bill does protect them.

23                SENATOR SQUADRON:   If the sponsor 

24   will yield for a final question.

25                SENATOR RANZENHOFER:   Absolutely.


                                                               3754

 1                ACTING PRESIDENT GRIFFO:   The 

 2   sponsor yields for a final question.  

 3                SENATOR SQUADRON:   Under this bill, 

 4   would there be any requirement that the invoice 

 5   that would obligate the elderly or vulnerable 

 6   person to an additional year of service be any 

 7   different, would that invoice be required to be 

 8   any different than the invoice that was sent 

 9   during the period of the contract?  

10                SENATOR RANZENHOFER:   Yes, this 

11   invoice would be different than the other 

12   invoices.  The earlier invoice would be an 

13   invoice which would have your monthly amount.  

14   This invoice would be much different because it 

15   would say on the invoice that if you want to 

16   renew -- it's very much like the invoice that 

17   they get right now, or the notice that they get 

18   right now.  

19                The difference is right now they get 

20   it by certified mail, which sometimes results in 

21   lapse of service.  So they would now get an 

22   invoice which would say the -- which would have 

23   the exact same contents to the invoices that they 

24   are receiving right now.

25                SENATOR SQUADRON:   On the bill, 


                                                               3755

 1   Mr. President.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Squadron on the bill.

 4                SENATOR SQUADRON:   Unfortunately, I 

 5   don't think the final answer is how these 

 6   companies would end up putting this bill into 

 7   practice.

 8                What the bill does require is notice 

 9   that payment would extend the contract.  But what 

10   we would see there is the same thing that we see 

11   in other instances where automatic extensions are 

12   allowed on contracts where every single month the 

13   notice is put on the invoice that payment could 

14   extend the contract.  Which would, as I read it, 

15   comply with the requirements in the bill.

16                Which would mean that you're the 

17   sort of person who has a life alert system, you 

18   probably have it because you are either elderly 

19   or vulnerable or you have some other reason that 

20   you feel you might need some help in your home -- 

21   exactly the kind of population that we shouldn't 

22   put in the position of being forced to have 

23   obligations, up to a year-long obligations, or 

24   have to figure out in the fine print of a bill 

25   that they're actually not meeting the obligation 


                                                               3756

 1   they've already kept and have their credit rating 

 2   and their to have a life alert system or fire 

 3   safety system in the future called into question.

 4                You know, this is -- the certified 

 5   mail issue that the sponsor raises does seem to 

 6   be an issue.  This is an issue we've debated 

 7   before.  I know Senator Diaz and others would 

 8   like us to debate this further.  

 9                But in the interests of time, I 

10   would simply say to replace a system that's not 

11   working with a system that ensures perpetual 

12   obligations for those folks who can least afford 

13   them is a bad bill for consumers and in this case 

14   a bad bill for the sorts of consumers who we 

15   should do our most work to protect -- elderly, 

16   vulnerable, others who depend on these sorts of 

17   systems.  

18                So I urge my colleagues to vote no.  

19   Thank you, Mr. President.  

20                ACTING PRESIDENT GRIFFO:   Any other 

21   Senator wishing to be heard?

22                Senator Ranzenhofer.

23                SENATOR RANZENHOFER:   Thank you, 

24   Mr. President.

25                This is a pro-consumer bill.  This 


                                                               3757

 1   helps consumers.  What you have right now is -- 

 2   again, whether you're elderly or young, if you 

 3   have decided that you want a certain service -- 

 4   okay?  This is not something that is forced upon 

 5   you, this is something that's optional.  

 6                This is not like a utility bill 

 7   where every single home or every single apartment 

 8   has utilities.  You have chosen, you have gone 

 9   out and you have decided that you want to protect 

10   your family, you want to protect yourself.  If 

11   you're on a life alert system and if you fall 

12   down, you want a company to be notified.  You 

13   want your home protected; you have a burglary 

14   system.  This is something that you have decided 

15   on your own that you feel is important to protect 

16   your safety and to protect your life.  

17                What this bill does, it allows for a 

18   continuation of the service so that the service 

19   doesn't lapse for a service that you have chosen 

20   that you want to protect yourself.

21                What is happening right now is you 

22   are having lapses and you are leaving these 

23   people unprotected with a very antiquated system 

24   that does not work and does not protect, whether 

25   young or old, whoever they are, someone who has 


                                                               3758

 1   decided to purchase this system for the 

 2   protection of their own home and their own 

 3   person.

 4                This is a very important bill.  This 

 5   would provide a continuation of that service for 

 6   someone who chooses to continue that service.  

 7                For someone who determines that they 

 8   no longer want to be protected or they don't want 

 9   to have their property protected, they no longer 

10   want to have their life protected, they have the 

11   option to do that, to not continue with that 

12   service.  

13                But this is pro-consumer, this is 

14   pro-homeowner, this is pro-young, this is 

15   pro-old.  Whoever decides to have this service, 

16   this protects that individual from continuing the 

17   service that they have originally decided is 

18   important to them.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Squadron, why do you rise?  

21                SENATOR SQUADRON:   If the sponsor 

22   would yield for a final, final question based on 

23   that.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Ranzenhofer, do you yield to a final, final 


                                                               3759

 1   question?

 2                SENATOR RANZENHOFER:   For another 

 3   final, final question?  Absolutely.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Squadron.

 6                SENATOR SQUADRON:   This one is 

 7   dedicated to Senator Diaz.

 8                If the clear goal here is to simply 

 9   ensure that the sort of folks who have these 

10   sorts of service, elderly and vulnerable folks, 

11   don't have a discontinuation in service, why 

12   would the bill obligate folks to a new contract 

13   simply by paying for up to a year, rather than 

14   just allow them to get continued service for any 

15   bill they pay?  

16                SENATOR RANZENHOFER:   Right now you 

17   have service contracts that go for a period of 

18   time.  I don't know anybody that purchases a 

19   security system for one month.  I mean, if that 

20   was the premise, then you would have a different 

21   type of contract.  It would be like purchasing an 

22   automobile for one month.

23                That's not the way people purchase 

24   these type of services.  People want to be 

25   protected.  People want to have a system in their 


                                                               3760

 1   home that's going to protect their life and going 

 2   to protect their property, not for a month.  It 

 3   would be silly and ridiculous, quite frankly, to 

 4   purchase a burglar alarm system for one month.  I 

 5   can't imagine anybody purchasing that type of 

 6   protection for one month.  That's not the way 

 7   that people operate.  They don't purchase those 

 8   systems for that length of time.

 9                SENATOR SQUADRON:   On the bill.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Squadron on the bill.

12                SENATOR SQUADRON:   Thank you.  

13                We're not talking about a purchase, 

14   we're talking about a continuation of an existing 

15   service.  And if the fear is that folks are going 

16   to lose the service, let them extend it for a 

17   period of one month at a time.  If it's about 

18   tricking folks into obligations that they 

19   wouldn't otherwise make, then this bill is a 

20   perfect.  

21                I still vote no, and I urge my 

22   colleagues to do the same.  Thank you.  

23                ACTING PRESIDENT GRIFFO:   Is there 

24   any other Senator that wishes to be heard?

25                Seeing none, hearing none, debate is 


                                                               3761

 1   closed.  The Secretary will ring the bell.  

 2                Read the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the 90th day.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Diaz to explain his vote.

10                SENATOR DIAZ:   Thank you, 

11   Mr. President.

12                You look good there.  Always I say 

13   that.  Say hello to your father and your mother 

14   for me.

15                Mr. President, I just rise up to 

16   support this bill, to congratulate Senator 

17   Ranzenhofer for this magnificent piece of 

18   legislation.  

19                At the same time I will take this 

20   opportunity to invite my colleagues for tonight's 

21   celebration of Bronx Night in the Egg.  So I hope 

22   all of you and the staff members could join the 

23   Bronx Borough President, Ruben Diaz, Jr., and the 

24   Bronx elected officials here in Albany, 

25   celebrating Bronx Night after 5:30 p.m. in the 


                                                               3762

 1   Egg.  

 2                Thank you.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Diaz to be recorded in the affirmative.

 5                Announce the results.  

 6                THE SECRETARY:   In relation to 

 7   Calendar Number 1429, those recorded in the 

 8   negative are Senators Avella, Bonacic, Breslin, 

 9   Felder, Fuschillo, Gianaris, Hoylman, Krueger, 

10   Latimer, Martins, Parker, Perkins, Rivera, 

11   Serrano, Squadron, Stavisky and Tkaczyk.

12                Ayes, 45.  Nays, 17.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                Senator Libous, that completes the 

16   controversial reading.

17                SENATOR LIBOUS:   Mr. President, is 

18   there any further business at the desk?  

19                ACTING PRESIDENT GRIFFO:   There is 

20   no further business, Senator Libous.

21                SENATOR LIBOUS:   Mr. President, 

22   there being no further business, I move that the 

23   Senate -- I'm sorry, there is further business.

24                Would you recognize Senator Serrano, 

25   please.


                                                               3763

 1                ACTING PRESIDENT GRIFFO:   Can I 

 2   have some order in the chamber, please.  

 3                Senator Serrano.

 4                SENATOR SERRANO:   There will be an 

 5   immediate meeting of the Democratic Conference in 

 6   Room 315.

 7                ACTING PRESIDENT GRIFFO:   There 

 8   will be an immediate meeting of the Democrat 

 9   Conference in Room 315.

10                Senator Libous.

11                SENATOR LIBOUS:   Is there any 

12   further business at the desk?  

13                ACTING PRESIDENT GRIFFO:   There is 

14   no further business before the desk.

15                SENATOR LIBOUS:   Mr. President, 

16   there being no further business, I move that the 

17   Senate adjourn until Wednesday, June 19th, at 

18   1:00 p.m.

19                ACTING PRESIDENT GRIFFO:   On 

20   motion, the Senate stands adjourned until 

21   Wednesday, June 19th, at 1:00 p.m. 

22                Senate adjourned.

23                (Whereupon, at 3:22 p.m., the Senate 

24   adjourned.)

25