Regular Session - May 19, 2014

                                                                   2563

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 19, 2014

11                     3:45 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID CARLUCCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2564

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

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT CARLUCCI:   To 

10   lead us in our invocation we are joined by the 

11   Reverend Peter G. Young, of Mother Teresa 

12   Community in Albany.

13                REVEREND YOUNG:   Thank you, 

14   Senator.

15                Let us pray.

16                Dear God, by Your love You have 

17   made a world where we have to become then 

18   neighbors to each other and we are enabled to 

19   love one another.  And grant that we too may use 

20   then the Senate to strive toward a way of life 

21   in keeping with Your plan.

22                God, You have given us a marvelous 

23   of charity in the call to us to love one 

24   another.  Send down Your blessing on these 

25   Senators who generously devote themselves to 


                                                               2565

 1   helping others and those in New York State as 

 2   citizens.  

 3                We want to remember one Catherine 

 4   Abate, who served well in this house for many, 

 5   many, many years and just died this past Saturday 

 6   after a dedicated working opportunity for the 

 7   Community Healthcare Network.  May she remain in 

 8   Your love now and forever.  

 9                Amen.

10                ACTING PRESIDENT CARLUCCI:   The 

11   reading of the Journal.  

12                THE SECRETARY:   In Senate, Friday, 

13   May 16th, the Senate met pursuant to adjournment.  

14   The Journal of Thursday, May 15th, was read and 

15   approved.  On motion, Senate adjourned.

16                ACTING PRESIDENT CARLUCCI:   Without 

17   objection, the Journal stands approved as read.

18                Presentation of petitions.

19                Messages from the Assembly.

20                The Secretary will read.

21                THE SECRETARY:   On page 35, Senator 

22   Young moves to discharge, from the Committee on 

23   Housing, Construction and Community Development, 

24   Assembly Bill Number 9360 and substitute it for 

25   the identical Senate Bill Number 6878, Third 


                                                               2566

 1   Reading Calendar 380.  

 2                On page 37, Senator Bonacic moves to 

 3   discharge, from the Committee on Judiciary, 

 4   Assembly Bill Number 8972 and substitute it for 

 5   the identical Senate Bill Number 7075, Third 

 6   Reading Calendar 425.

 7                ACTING PRESIDENT CARLUCCI:    

 8   Substitutions ordered.

 9                Messages from the Governor.

10                Reports of standing committees.

11                Reports of select committees.

12                Communications and reports from 

13   state officers.

14                Motions and resolutions.

15                Senator Hannon.

16                SENATOR HANNON:   Would you call on 

17   Senator Gianaris for some motions.

18                ACTING PRESIDENT CARLUCCI:   Senator 

19   Gianaris.

20                SENATOR GIANARIS:   Thank you, 

21   Mr. President.

22                On behalf of Senator Parker, I move 

23   that the following bills be discharged from their 

24   respective committees and be recommitted with 

25   instructions to strike the enacting clause:  


                                                               2567

 1   Senate Bill Numbers 953 and 5433.

 2                ACTING PRESIDENT CARLUCCI:   So 

 3   ordered.

 4                Senator Hannon.

 5                SENATOR HANNON:   And Senator 

 6   Valesky has motions.

 7                SENATOR VALESKY:   Thank you, 

 8   Mr. President.  

 9                On behalf of Senator Klein, on 

10   page 42 I offer the following amendments to 

11   Calendar Number 489, Senate Print 2331A, and ask 

12   that said bill retain its place on the Third 

13   Reading Calendar.

14                ACTING PRESIDENT CARLUCCI:   So 

15   ordered.

16                Senator Hannon.

17                SENATOR HANNON:   Mr. President, I 

18   have the following motions.  

19                On behalf of Senator Ranzenhofer, on 

20   page 34, Calendar Number 333, I offer the 

21   following amendments to Senate Print Number 6718 

22   and ask that said bill retain its place on the 

23   Third Reading Calendar.

24                ACTING PRESIDENT CARLUCCI:   So 

25   ordered.


                                                               2568

 1                SENATOR HANNON:   Also, on behalf of 

 2   Senator Golden, on page 36, Calendar 390, Senate 

 3   Print Number 6757, I offer the following 

 4   amendments and ask that the bill retain its place 

 5   on the Third Reading Calendar.

 6                ACTING PRESIDENT CARLUCCI:   So 

 7   ordered.

 8                SENATOR HANNON:   On behalf of 

 9   Senator LaValle, on page 38, Calendar Number 432, 

10   Senate Print 5268, I offer the following 

11   amendments and ask that the bill retain its place 

12   on the Third Reading Calendar.

13                ACTING PRESIDENT CARLUCCI:   So 

14   ordered.

15                SENATOR HANNON:   On behalf of 

16   Senator Flanagan, page 38, Calendar Number 440, 

17   Senate Print Number 6854, I offer the following 

18   amendments and ask that the bill retain its place 

19   on the Third Reading Calendar.

20                ACTING PRESIDENT CARLUCCI:   So 

21   ordered.

22                SENATOR HANNON:   And finally, on 

23   behalf of Senator Farley, on page 52, Calendar 

24   595, Senate Print Number 2932, I offer the 

25   following amendments and ask that the bill retain 


                                                               2569

 1   its place on the Third Reading Calendar.

 2                ACTING PRESIDENT CARLUCCI:   So 

 3   ordered.

 4                Senator Hannon.

 5                SENATOR HANNON:   Mr. President, I'd 

 6   like to ask if we could now take up a previously 

 7   adopted resolution, Number 3569, by Senator 

 8   Griffo, read it in its entirety, and ask 

 9   Senator Griffo to speak on it.

10                ACTING PRESIDENT CARLUCCI:   The 

11   Secretary will read.

12                THE SECRETARY:   Legislative 

13   Resolution Number 3569, by Senator Griffo, 

14   honoring Olympian Erin Hamlin of Remsen, 

15   New York, upon the occasion of capturing the 

16   Bronze Medal in Women's Singles Luge at the 

17   2014 Winter Olympic Games in Sochi.  

18                "WHEREAS, It is the sense of this 

19   Legislative Body to extend its full recognition 

20   and grateful tribute to the outstanding athletes 

21   of New York state who have dedicated their 

22   purposeful lives to athletic achievement and 

23   proudly represented their great state and nation 

24   in Olympic competition; and 

25                "WHEREAS, Attendant to such concern,  


                                                               2570

 1   and in full accord with its long-standing 

 2   traditions, this Legislative Body is justly proud 

 3   to join the community of Remsen, New York, in 

 4   honoring Olympian Erin Hamlin upon the occasion 

 5   of capturing the Bronze Medal in Women's Singles 

 6   Luge at the 2014 Winter Olympic Games in Sochi; 

 7   and 

 8                "WHEREAS, On February 11, 2014, Erin 

 9   Hamlin, a native of Remsen, New York, set a 

10   blistering pace during the Women's Singles Luge 

11   competition at the Sanki Sliding Center in 

12   Krasnaya Polyana, Russia, opening the race with 

13   the second fastest heat, and then turning in the 

14   third fastest times in each of the remaining legs 

15   to complete the race with a four-run total time 

16   of 3 minutes, 21.145 seconds -- fast enough to 

17   claim a long-coveted spot on the Olympic podium; 

18   and 

19                "WHEREAS, Erin Hamlin's Bronze Medal 

20   victory has made United States and Olympic Games 

21   history; it marks the first time any American 

22   singles luge athlete has earned a medal in the 

23   50 years since luge became part of the games; and 

24                "WHEREAS, A woman of great skill, 

25   personal courage and unparalleled dedication, 


                                                               2571

 1   27-year-old Erin Hamlin has an extraordinary 

 2   record of accomplishment in the luge; her 

 3   character and athletic achievements are 

 4   world-renowned; and 

 5                "WHEREAS, The most successful 

 6   singles racer in United States Olympic history,  

 7   Erin Hamlin is a three-time Olympian; she 

 8   finished 12th in the women's singles event at the 

 9   2006 Winter Olympics in Turin, Italy, and she was 

10   selected in December 2009 to compete at the 2010 

11   Winter Olympics in Vancouver, Canada, where she 

12   placed 16th in the luge competition, coming in as 

13   the highest-placed American in the event; and

14                "WHEREAS, In February 2009 she 

15   became the first American to win the Women's  

16   Luge World Championships in Lake Placid, 

17   New York, and the second American to ever win a 

18   medal in luging; and 

19                "WHEREAS, Erin Hamlin is a two-time  

20   Verizon United States Junior Women's Singles 

21   National Champion, and the 2008 Verizon Women's 

22   United States National Champion; she has also won 

23   three World Cup bronze medals, as well as gold, 

24   silver and bronze World Cup medals in team relay; 

25   and 


                                                               2572

 1                "WHEREAS, The daughter of Eileen and 

 2   Ronald Hamlin, Erin Hamlin began her luge career 

 3   at the age of 12 in Lake Placid, New York, on the 

 4   same track where she earned her world title; and 

 5                "WHEREAS, In winning the Bronze 

 6   Medal at the 2014 Winter Olympics, Erin Hamlin 

 7   has not only brought honor to her family, her 

 8   coaches, and her community of friends, she has 

 9   inspired the next generation of athletes to break 

10   barriers and push beyond their perceived limits 

11   to reach for excellence; and 

12                "WHEREAS, Many will only dream of 

13   competing in the Olympic Games; this gifted 

14   athlete from this great Empire State, through 

15   hard work and a tenacious spirit, has made that 

16   dream a reality; she has proudly represented her 

17   country in competition among the world's finest 

18   athletes, an honor that gives just cause for her 

19   family, community and state to be exceedingly 

20   proud of her athletic achievements; now, 

21   therefore, be it 

22                "RESOLVED, That this Legislative 

23   Body pause in its deliberations to honor Olympian 

24   Erin Hamlin upon the occasion of capturing a 

25   Bronze Medal in Women's Singles Luge at the 2014 


                                                               2573

 1   Winter Olympic Games in Sochi, to extend its 

 2   heartfelt congratulations on her outstanding 

 3   accomplishment, and to wish her continued 

 4   success; and be it further 

 5                "RESOLVED, That a copy of this  

 6   resolution, suitably engrossed, be transmitted to 

 7   Erin Hamlin."

 8                ACTING PRESIDENT CARLUCCI:   Senator 

 9   Griffo on the resolution.

10                SENATOR GRIFFO:   Thank you, 

11   Mr. President.

12                I am very honored to have with us in 

13   this chamber today Erin Hamlin and her dad, Ron.  

14                She is truly an extraordinary 

15   person.  You heard throughout the resolution of 

16   the many things that she has been able to 

17   accomplish in her very young life.  We are 

18   extremely proud of her in her home community in 

19   Oneida County in the town and village of Remsen.  

20   She is just an individual who has proven 

21   throughout her career that when you believe in 

22   something and you are truly determined and make 

23   that commitment to excellence, that you can 

24   succeed.  

25                I think you heard the many 


                                                               2574

 1   accomplishments, the several gold, silver and 

 2   bronze medals that she has been able to get 

 3   through World Cup competition from 2006 to 2011, 

 4   a three-time Olympian across this globe.  But 

 5   I'll tell you, one of the -- and the greatest 

 6   accomplishment this year to have her win the 

 7   Bronze Medal to become the first American to win 

 8   an Olympic medal in singles luge.  That is 

 9   extraordinary.

10                But because of this achievement, I 

11   think something else that shows you the caliber 

12   of this young lady.  Erin also won the honor of 

13   being named this year's Best Female Olympian by 

14   the United States Olympic Committee.  So of all 

15   the great athletes who participated in this 

16   year's Olympics that represented our great 

17   country, we are so proud that Erin, by the 

18   committee and her fellow Olympians, they chose 

19   her as the Best Female Olympian.  And we're so 

20   proud of that.  

21                It's a sport that's dominated by 

22   Australians and Germans, but Erin proved that an 

23   American is not only able to compete in this 

24   sport but also to achieve the results and the 

25   great recognition that she did because of her 


                                                               2575

 1   talents in winning a medal.  

 2                And those feats have not ended with 

 3   this Olympic medal that she's received.  Again, 

 4   to show you the type of individual she is -- and 

 5   she's been raised by a great family, with her 

 6   parents -- again, Ron, who is with us, and her 

 7   mom, Eileen, who could not be here today -- 

 8   grandparents on both sides.  

 9                I know grandfather Les is a member 

10   of the county legislature, Oneida County.  And 

11   she also kept the memory of her other grandmother 

12   who passed away this year, just before, in a 

13   tragic accident in our area.  And she made a 

14   commitment and kept her in her memory as she 

15   competed throughout this Olympic cycle.  

16                So Erin continues to give back to 

17   the community.  And that's what's so important.  

18   Not only is she in demand right now, and it's so 

19   difficult to try to arrange to get her to appear 

20   here -- but we're so pleased that she was able to 

21   come here, because we wanted to bestow this type 

22   of honor and recognition on her.  But she is 

23   giving commencement addresses and speaking to 

24   chamber organizations.  

25                But the most important thing is she 


                                                               2576

 1   is continuing to interact with children and 

 2   continuing to serve as a role model to young 

 3   people across not only this state but across the 

 4   nation.  And she she's very involved in an effort 

 5   called City Kids, which provides educational and 

 6   motivational support to middle and high school 

 7   students living in New York City.  

 8                So she has really given of herself 

 9   in so many ways, not unseen or unheard of from 

10   people in our community, because we know she 

11   comes from good stock.  But she has been a great 

12   example of a person who, when blessed with talent 

13   and when making that commitment to excel, also 

14   then gives back and contributes to her community.  

15                So today it's a pleasure to be with 

16   you, Erin, to have you come here to this chamber 

17   for us to bestow this honor upon you.  We thank 

18   you for your hard work.  We thank you for your 

19   continued contributions and service to our 

20   community.  We wish you continued success in life 

21   because you've got it all ahead of you.  

22                And we wish you God's blessing and 

23   Godspeed.  

24                I give you Erin Hamlin.  

25                (Standing ovation.)


                                                               2577

 1                ACTING PRESIDENT CARLUCCI:   Thank 

 2   you, Senator Griffo.  

 3                Senator Farley.

 4                SENATOR FARLEY:   Thank you, 

 5   Mr. President.  

 6                I had the good fortune of meeting 

 7   Erin at the St. Patrick's Day Parade in 

 8   Old Forge, where she was the star, and was so 

 9   impressed with this young woman and the 

10   remarkable accomplishment that she did in winning 

11   the Bronze Medal in the Olympics.

12                You know, she goes headfirst in a 

13   million miles an hour luge, and as she won that 

14   event I was thrilled because I was sure she was 

15   my constituent, because she only lives a few 

16   hundred yards, actually, over in Oneida County.  

17   And her uncle I believe lives in the town of 

18   Russia right across the way.  And I thought that 

19   she may have been my constituent for a few hours; 

20   then I find out she's with Senator Griffo.

21                But anyway, what a remarkable 

22   accomplishment you did for the United States, and 

23   the courage that this young woman has done, 

24   particularly the training that goes into this and 

25   the practice and so forth.  And to come from the 


                                                               2578

 1   small town of Remsen in upstate New York, where 

 2   you must go down that hill into Utica, that's how 

 3   you get your training.

 4                But anyway, Erin is a remarkable 

 5   young woman who really did proud for our area.  

 6   And we welcome you here, and congratulations to 

 7   you and your family.

 8                ACTING PRESIDENT CARLUCCI:   Senator 

 9   Little.

10                SENATOR LITTLE:   Thank you, 

11   Mr. President.  

12                I would like to join Senator Griffo 

13   and Senator Farley in congratulating Erin and 

14   taking a little bit of credit, as she has a 

15   second home, kind of, in Lake Placid.  Certainly 

16   she has been able to train in Lake Placid.  

17                And very, very proud of her 

18   achievements, but also proud of the person that 

19   she is.  As Senator Griffo said, she's not only 

20   an excellent athlete with tremendous perseverance 

21   and dedication to her sport, but she is a role 

22   model for other athletes, particularly young 

23   women.  

24                And I also want to acknowledge the 

25   fact that through the New York State Olympic 


                                                               2579

 1   Regional Development Authority, New York State -- 

 2   and we should all be proud of this -- has 

 3   invested a great deal of money in the bobsled, 

 4   luge and skeleton runs, and the venues in 

 5   Lake Placid.  Many of them were built -- a couple 

 6   for the 1932 Olympics, but obviously upgraded -- 

 7   for the 1980 Olympics.  

 8                But because the state has continued 

 9   to invest in those venues, we have athletes like 

10   Erin who will come up, practice, compete.  We 

11   have many World Cup races that take place there.  

12   And we can all be proud of New York's investment, 

13   and also very proud of New York State's athlete.

14                Congratulations, Erin.

15                ACTING PRESIDENT CARLUCCI:   Thank 

16   you, Senator Little.

17                Senator DeFrancisco.

18                SENATOR DeFRANCISCO:   Yes, it is an 

19   incredible list of accomplishments that have been 

20   outlined by previous speakers.  

21                The only thing that surprises me is 

22   that you're not from Syracuse.  Because we bring 

23   so many great athletes here from Syracuse that 

24   there must have been something that went wrong on 

25   the way to this particular area of the state.


                                                               2580

 1                But in any event, I want to pick up 

 2   on something that Senator Little just said.  You 

 3   know, if there's anything we all need nowadays, 

 4   it's role models.  And we can't pick up the paper 

 5   or turn on the TV or do anything without hearing 

 6   about somebody doing some incredibly foolish 

 7   thing or criminal thing or something that 

 8   embarrasses everybody.  But those seem to get 

 9   that kind of publicity and that kind of attention 

10   by the media.

11                This is truly what young people 

12   need -- old people need as well -- people that we 

13   can look up to as doing the right thing, working 

14   as hard as you have to work, and even more than 

15   that, to accomplish a goal.

16                So thank you very much for what 

17   you've done for all of us in New York State and 

18   actually throughout the country.

19                ACTING PRESIDENT CARLUCCI:   Thank 

20   you, Senator DeFrancisco.

21                This resolution was previously 

22   adopted on February 27th of this year.

23                Thank you, Erin.

24                Senator Hannon.

25                SENATOR HANNON:   Mr. President, I'd 


                                                               2581

 1   ask if we could call on Senator Tkaczyk in regard 

 2   to some previously adopted resolutions:  3405, 

 3   3804, 4872.  If you'd just read the title of 

 4   those and then call on Senator Tkaczyk.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Legislative 

 8   Resolution Number 3405, by Senator Tkaczyk, 

 9   honoring Coach Ken Benton upon the occasion of 

10   his retirement as wrestling coach at Amsterdam 

11   High School after all 21 years of distinguished 

12   service.

13                Legislative Resolution Number 3804, 

14   by Senator Tkaczyk, congratulating Amsterdam High 

15   School wrestler Brandon Lapi upon the occasion of 

16   capturing the New York State Public High School 

17   Athletic Association Division I Wrestling 

18   Championship on Saturday, March 1, 2014.

19                And Legislative Resolution Number 

20   4872, by Senator Tkaczyk, honoring Coach Todd 

21   Jones upon the occasion of his retirement after 

22   37 years of distinguished service as the 

23   wrestling coach and athletic director at 

24   Canajoharie High School.

25                ACTING PRESIDENT CARLUCCI:   Senator 


                                                               2582

 1   Tkaczyk.

 2                SENATOR TKACZYK:   Thank you, 

 3   Mr. President.

 4                Many people may know that in my 

 5   district this year we had three outstanding 

 6   coaches who taught wrestling retire.  These men 

 7   had very long and distinguished careers, and they 

 8   focused not only on teaching the wrestlers how to 

 9   be great athletes but also how to be great 

10   individuals and citizens.  All of the students 

11   these gentlemen came in contact with are winners.  

12                We're also joined by an outstanding 

13   young athlete, Brandon Lapi, who wrestled for 

14   Amsterdam High School and finished his amazing 

15   high school career with more than 260 victories 

16   and five Section II titles.  And in the final 

17   match of his high school career, he won the 

18   Division I 138-pound title match to become State 

19   Wrestling Champ.  He was also selected the 

20   Division I Most Outstanding Wrestler.

21                His coach is Amsterdam High School 

22   Coach Ken Benton, who announced at the end of the 

23   season that this would be his last.  

24   Unfortunately, Ken could not be with us today, 

25   but his achievements are noted in the resolution 


                                                               2583

 1   we passed previously.  Ken began teaching at 

 2   Amsterdam High School in 1993 and saw his team 

 3   win 334 matches and nine consecutive Big 10 

 4   titles.

 5                Also with us today is Coach Todd 

 6   Jones.  I know he's up there.  If you could 

 7   stand, that would be great.  

 8                He served as wrestling coach and 

 9   athletic director at Canajoharie for 37 years.  

10   Under Coach Jones' leadership, the Canajoharie 

11   High School Wrestling Team had dozens of Section 

12   II finalists, more than 300 varsity wins, three 

13   trips to the State Tournament.  He was honored a 

14   few years back when the school's wrestling room 

15   was named the Todd Jones Wrestling Facility.

16                In addition to his and his team's 

17   many athletic achievements, this year his 

18   wrestling team was honored by the New York State 

19   Public High School Athletic Association as 

20   Scholar-Athlete Team Award winners.  Their team 

21   grade average is 92.

22                Also with us today, I am very proud 

23   to announce, is someone who's teaching wrestling 

24   at Duanesburg, my home school.  Joe Benna is 

25   retiring after 48 years as coach.  Not only did 


                                                               2584

 1   he coach at Duanesburg, he also coached at 

 2   Newburgh Free Academy and Niskayuna.

 3                He compiled 673 victories, the most 

 4   of any coach in the entire state.  He's mentored 

 5   Olympic medal winners, College All-Americans, and 

 6   New York State champions.  I want to tell you 

 7   about two of them.  

 8                One of Coach Benna's wrestlers is 

 9   Nick Gwiazdowski.  He was a two-time New York 

10   State titlist who graduated from Duanesburg in 

11   2011.  This year, wrestling for North Carolina, 

12   Nick became Section II's first NCAA champion with 

13   an upset victory over the two-time defending 

14   champion.

15                Another one of Coach Benna's 

16   wrestlers at Duanesburg was Amy Whitbeck.  She 

17   made New York State history when she became the 

18   first female wrestler to win a sectional 

19   championship.  And she wrestled in a New York 

20   State high school championship.  

21                Amy was also a member of the 2006 

22   United States Female Junior Olympic Wrestling 

23   Team and was rated 5th in the world during the 

24   Beijing Junior Olympics in 2006.

25                Brandon Lapi is a winner.  But these 


                                                               2585

 1   coaches taught so many winners.  All of the 

 2   students they taught learned so much more about 

 3   life.  Coach Benna even taught my son.  He 

 4   believed he could be an Olympic champion.  That 

 5   was the start, getting these kids to believe in 

 6   themselves and work on being productive citizens.

 7                Please join me in welcoming these 

 8   great athletes and extraordinary coaches who are 

 9   such a wonderful example to our young people.  

10   And join me in thanking them for all the work 

11   that they've done and the lives that they've 

12   touched.

13                Please stand.

14                (Standing ovation.)

15                SENATOR TKACZYK:   I would add that 

16   they're joined by some family, friends, and sons 

17   and a grandson.  And I know their families are 

18   all very, very proud of them and look forward to 

19   the time that they now will have off.  But I'm 

20   sure they will continue to be busy.

21                Thank you all so much for what 

22   you've done.

23                ACTING PRESIDENT CARLUCCI:   Thank 

24   you, Senator Tkaczyk.

25                Senator Farley on the resolutions.


                                                               2586

 1                SENATOR FARLEY:   Yes, thank you, 

 2   Mr. President.

 3                I rise to salute the honorees, but I 

 4   particularly want to mention one in Joe Benna, 

 5   who's an absolute icon as a wrestling coach.  

 6                He was a neighbor of mine, just 

 7   lived just a few yards away on the same street 

 8   for many years until he moved to the high-rent 

 9   district in Duanesburg.  

10                And Coach Benna coached so many 

11   champions in Niskayuna, it was unbelievable the 

12   job that he did for wrestling.  He's absolutely 

13   been beloved by his students and everybody that 

14   ever served under him.

15                Coach Benna is a remarkable man in 

16   that he's a fighter and has had some health 

17   issues which he won't surrender on.  He certainly 

18   is beloved in this whole Capital Area with all 

19   the champions that he has coached.  

20                And I rise to salute him and of 

21   course the other honorees also for what they've 

22   done.  We have become a wrestling area for the 

23   entire State of New York.

24                My best wishes, Joe, and to your 

25   family.


                                                               2587

 1                ACTING PRESIDENT CARLUCCI:   Thank 

 2   you, Senator Farley.

 3                These resolutions were previously 

 4   adopted earlier this year.

 5                Senator Hannon.

 6                SENATOR HANNON:   Mr. President, I 

 7   was going to call upon Senator Ball and ask if he 

 8   could make comments on a resolution, but he's 

 9   again left the chamber.  So we're going to have 

10   to move on.

11                Mr. President, if you would ask 

12   Senator Ball or recognize him to comment on the 

13   previously adopted Resolution 2719, after the 

14   title is read. 

15                ACTING PRESIDENT CARLUCCI:   The 

16   Secretary will read.

17                THE SECRETARY:   Legislative 

18   Resolution Number 2719, by Senator Ball, paying 

19   tribute to Firefighter Ryan Blackwell, in 

20   recognition of his prompt and heroic actions on 

21   September 14, 2013.  

22                ACTING PRESIDENT CARLUCCI:   Senator 

23   Ball on the resolution.

24                SENATOR BALL:   It's an extreme 

25   honor to be here today and have behind me Ryan 


                                                               2588

 1   Blackwell, with FDNY, his mother, Jane, and his 

 2   girlfriend Elana Molina.  

 3                I want to read a little bit from a 

 4   local newspaper article about what happened in 

 5   September of last year.  

 6                "One person has died after a fire 

 7   broke out Saturday morning inside an apartment in 

 8   the Bronxwood section of the Bronx.  However, the 

 9   fire could have much worse if it were not for a 

10   rookie firefighter" -- Ryan, and his valiant 

11   efforts -- "who had just four months on the job."  

12                "A mother and her wheelchair-bound 

13   son became trapped by flames and thick smoke from 

14   the fire that started in the kitchen of their 

15   fifth-floor apartment on Colden Avenue.  The 

16   heavy smoke also trapped neighbors."  

17                "Firefighters from Engine Company 62 

18   rushed into the deadly apartment fire to try and 

19   rescue the disabled son and his mother."  

20                "Rookie firefighter Ryan Blackwell, 

21   who had only four months on the job, found the  

22   mother on a hallway floor and pulled her to 

23   safety."  

24                Ryan says that he just did what he 

25   was trained to do.  And of course we would expect 


                                                               2589

 1   Ryan to say no less, because that's the same 

 2   thing that special forces troops do and combat 

 3   troops, FDNY, and the bravest amongst us that 

 4   fight for us every single day.  You know, it's so 

 5   easy to forget those men and women in public 

 6   service until we really need them.  

 7                Ryan's father, Christopher Blackwell 

 8   died on 9/11 undergoing similar heroic efforts.  

 9                So from me and I know this entire 

10   chamber, Ryan, and to a very proud family, thank 

11   you for fulfilling a lifetime of public service.  

12   Thank God you made it out alive.  And we hope 

13   that you continue to do great things and stay 

14   safe.  

15                God bless you, and thank you for 

16   being here.  

17                (Standing ovation.)

18                ACTING PRESIDENT CARLUCCI:   Senator 

19   Hassell-Thompson on the resolution.  

20                SENATOR HASSELL-THOMPSON:   Thank 

21   you.  That means you'll all have to stand again.  

22                I rise, Mr. President, to applaud 

23   Senator Ball for his recognition, but more to 

24   congratulate you, on behalf of the residents of 

25   the Bronxwood section of the Bronx, for your 


                                                               2590

 1   courageous efforts.  

 2                And as the representative for that 

 3   district, I did not have the opportunity to know 

 4   who you were, but I am very proud to stand with 

 5   Senator Ball today to congratulate you and to 

 6   thank you on behalf of my residents for your act 

 7   of bravery.  

 8                I thought about the fact that you 

 9   were a brand-new firefighter.  And I thought 

10   about a young man that I met very briefly when he 

11   had just finished the academy and he was trying 

12   very, very hard to get the points necessary.  And 

13   his mother introduced me to him to give him a 

14   letter of reference.  And that young man, like 

15   you, very brand new too, so new that his badge 

16   was still very shiny and gleaming, was one of 

17   those that ran into the building at 9/11 and 

18   never returned.

19                You returned.  But I know that the 

20   work that you do is so extraordinary, and it's 

21   not the kind of thing that most of us would ever 

22   do.  We run in the other direction.  You run to, 

23   into danger.  And we thank you and we commend you 

24   for your act of heroism.  

25                Even though you think you were just 


                                                               2591

 1   doing your job, believe me, we are all very 

 2   grateful for what you do, you and all of your 

 3   fellow officers.  So I thank you for that.  

 4                Thank you, Mr. President.

 5                (Applause.)

 6                ACTING PRESIDENT CARLUCCI:   This 

 7   resolution was previously adopted on January 14, 

 8   2014.  

 9                And thank you, Ryan, for your 

10   commitment to the people of New York State.

11                Senator Hannon.

12                SENATOR HANNON:   May we now proceed 

13   to having the noncontroversial reading of the 

14   calendar.

15                ACTING PRESIDENT CARLUCCI:   The 

16   Secretary will read.

17                THE SECRETARY:   Calendar Number 31, 

18   by Senator Hannon, Senate Print 5537A, an act to 

19   amend the Public Health Law.

20                ACTING PRESIDENT CARLUCCI:   Read 

21   the last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT CARLUCCI:   Call 

25   the roll.


                                                               2592

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CARLUCCI:   

 3   Announce the result.

 4                THE SECRETARY:   Ayes, 58.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 68, 

 8   by Senator Maziarz, Senate Print 3977, an act to 

 9   amend Chapter 631 of the Laws of 2008.  

10                ACTING PRESIDENT CARLUCCI:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT CARLUCCI:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT CARLUCCI:    

18   Announce the result.

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT CARLUCCI:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   150, by Senator Seward, Senate Print 6545A, an 

24   act to amend the Insurance Law.

25                ACTING PRESIDENT CARLUCCI:   Read 


                                                               2593

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the 90th day.

 4                ACTING PRESIDENT CARLUCCI:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT CARLUCCI:    

 8   Announce the result.

 9                THE SECRETARY:   Ayes, 58.

10                ACTING PRESIDENT CARLUCCI:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   241, by Senator Seward, Senate Print 6526A, an 

14   act to amend the Insurance Law.

15                ACTING PRESIDENT CARLUCCI:   Read 

16   the last section.

17                THE SECRETARY:   Section 6.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT CARLUCCI:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT CARLUCCI:    

23   Announce the result.

24                THE SECRETARY:   Ayes, 57.  Nays, 1.  

25   Senator Krueger recorded in the negative.


                                                               2594

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   260, by Senator Flanagan, Senate Print 5358, an 

 5   act to amend the Education Law.

 6                ACTING PRESIDENT CARLUCCI:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT CARLUCCI:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT CARLUCCI:    

14   Announce the result.

15                THE SECRETARY:   In relation to 

16   Calendar 260, those recorded in the negative are 

17   Senators Avella, Carlucci, Gianaris, 

18   Hassell-Thompson, Hoylman, Krueger, Parker, 

19   Perkins, Rivera, Serrano, Squadron and Stavisky.

20                Ayes, 46.  Nays, 12.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   380, substituted earlier by Member of the 

25   Assembly Wright, Assembly Print Number 9360, an 


                                                               2595

 1   act to amend Chapter 253 of the Laws of 2004.

 2                ACTING PRESIDENT CARLUCCI:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT CARLUCCI:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT CARLUCCI:   

10   Announce the result.

11                THE SECRETARY:   Ayes, 58.

12                ACTING PRESIDENT CARLUCCI:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   425, substituted earlier by Member of the 

16   Assembly Hennessey, Assembly Print Number 8972, 

17   an act to amend the Civil Practice Law and Rules.

18                ACTING PRESIDENT CARLUCCI:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT CARLUCCI:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT CARLUCCI:    


                                                               2596

 1   Announce the result.

 2                THE SECRETARY:   Ayes, 58.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   445, by Senator Klein, Senate Print 6579A, an act 

 7   to amend the Local Finance Law.

 8                ACTING PRESIDENT CARLUCCI:   Read 

 9   the last section.

10                SENATOR GIANARIS:   Lay it aside.

11                ACTING PRESIDENT CARLUCCI:   The 

12   bill is laid aside.

13                THE SECRETARY:   Calendar Number 

14   449, by Senator Stewart-Cousins, Senate Print 

15   6817, an act to amend the Local Finance Law.

16                ACTING PRESIDENT CARLUCCI:   Read 

17   the last section.

18                SENATOR VALESKY:   Lay it aside.

19                ACTING PRESIDENT CARLUCCI:   The 

20   bill is laid aside.

21                THE SECRETARY:   Calendar Number 

22   460, by Senator Little, Senate Print 1358A, an 

23   act to amend the Penal Law.

24                ACTING PRESIDENT CARLUCCI:   Read 

25   the last section.


                                                               2597

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect on the first of November.

 3                ACTING PRESIDENT CARLUCCI:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT CARLUCCI:    

 7   Announce the result.

 8                THE SECRETARY:   Ayes, 58.

 9                ACTING PRESIDENT CARLUCCI:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   510, by Senator Gallivan, Senate Print 1698A, an 

13   act to amend the Vehicle and Traffic Law.

14                ACTING PRESIDENT CARLUCCI:   Read 

15   the last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT CARLUCCI:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT CARLUCCI:    

22   Announce the result.

23                THE SECRETARY:   Ayes, 58.

24                ACTING PRESIDENT CARLUCCI:   The 

25   bill is passed.


                                                               2598

 1                THE SECRETARY:   Calendar Number 

 2   518, by Senator Boyle, Senate Print 6828 --

 3                SENATOR HANNON:   Lay it aside for 

 4   the day.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is laid aside for the day.

 7                THE SECRETARY:   Calendar Number 

 8   529, by Senator Golden, Senate Print 1975, an act 

 9   to amend the Executive Law.

10                ACTING PRESIDENT CARLUCCI:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the first of January.

14                ACTING PRESIDENT CARLUCCI:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT CARLUCCI:    

18   Announce the result.

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT CARLUCCI:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   531, by Senator Young, Senate Print 2048, an act 

24   to amend the Private Housing Finance Law.

25                ACTING PRESIDENT CARLUCCI:   Read 


                                                               2599

 1   the last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT CARLUCCI:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT CARLUCCI:    

 8   Announce the result.

 9                THE SECRETARY:   Ayes, 56.  Nays, 2.  

10   Senators Dilan and Krueger recorded in the 

11   negative.

12                ACTING PRESIDENT CARLUCCI:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   534, by Senator Farley, Senate Print 2857B, an 

16   act to amend the Education Law.

17                ACTING PRESIDENT CARLUCCI:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT CARLUCCI:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT CARLUCCI:    

25   Announce the result.


                                                               2600

 1                THE SECRETARY:   Ayes, 58.

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   535, by Senator Martins, Senate Print 3141, an 

 6   act to amend subpart F of part C of Chapter 97 of 

 7   the Laws of 2011.

 8                ACTING PRESIDENT CARLUCCI:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  this 

11   act shall take effect immediately.

12                ACTING PRESIDENT CARLUCCI:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT CARLUCCI:    

16   Announce the result.

17                THE SECRETARY:   Ayes, 58.

18                ACTING PRESIDENT CARLUCCI:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   544, by Senator Young, Senate Print 4338, an act 

22   to amend the General City Law.

23                ACTING PRESIDENT CARLUCCI:   Read 

24   the last section.

25                THE SECRETARY:   Section 10.  This 


                                                               2601

 1   act shall take effect on the first of July.

 2                ACTING PRESIDENT CARLUCCI:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT CARLUCCI:    

 6   Announce the result.

 7                THE SECRETARY:   Ayes, 58.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   586, by Senator Maziarz, Senate Print --

12                SENATOR HANNON:   Lay it aside for 

13   the day, please.

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is laid aside for the day.

16                THE SECRETARY:   Calendar Number 

17   610, by Senator Marchione, Senate Print 6934, an 

18   act to amend the Public Authorities Law.

19                ACTING PRESIDENT CARLUCCI:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT CARLUCCI:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               2602

 1                ACTING PRESIDENT CARLUCCI:    

 2   Announce the result.

 3                THE SECRETARY:   Ayes, 57.  Nays, 1.  

 4   Senator Ball recorded in the negative.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   611, by Senator Larkin, Senate Print 7066, an act 

 9   to amend Chapter 672 of the Laws of 1993.

10                ACTING PRESIDENT CARLUCCI:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT CARLUCCI:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT CARLUCCI:    

18   Announce the result.

19                THE SECRETARY:   Ayes, 57.  Nays, 1.  

20   Senator Ball recorded in the negative.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   612, by Senator Marcellino, Senate Print 7105, an 

25   act to amend the Not-for-Profit Corporation Law.


                                                               2603

 1                ACTING PRESIDENT CARLUCCI:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT CARLUCCI:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT CARLUCCI:    

 9   Announce the result.

10                THE SECRETARY:   Ayes, 58.

11                ACTING PRESIDENT CARLUCCI:   The 

12   bill is passed.

13                Senator Hannon, that completes the 

14   noncontroversial reading of the calendar.

15                SENATOR HANNON:   Mr. President, 

16   could we now take up the controversial calendar.

17                ACTING PRESIDENT CARLUCCI:   The 

18   Secretary will ring the bell.

19                The Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   445, by Senator Klein, Senate Print 6579A, an act 

22   to amend the Local Finance Law.

23                SENATOR KRUEGER:   Explanation.

24                SENATOR VALESKY:   Lay the bill 

25   aside for the day.


                                                               2604

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   bill is laid aside for the day.

 3                THE SECRETARY:   Calendar Number 

 4   449, by Senator Stewart-Cousins, Senate Print 

 5   6817, an act to amend the Local Finance Law.

 6                SENATOR VALESKY:   Explanation.

 7                ACTING PRESIDENT CARLUCCI:   Senator 

 8   Valesky has requested an explanation.

 9                (Pause.)

10                ACTING PRESIDENT CARLUCCI:   Senator 

11   Krueger.

12                SENATOR KRUEGER:   Thank you.  In 

13   the absence of the sponsor, I am going to explain 

14   the bill.

15                This bill would allow two additional 

16   years for the City of Yonkers to keep the bond 

17   anticipation notes issued during calendar years 

18   2010 and 2011.  

19                Originally this was passed 

20   unanimously by both the Senate on 5/30/12 and 

21   also by the Assembly on 5/30/12.  And this would 

22   allow the municipality to keep its BANs for an 

23   additional two years where, because of the cost 

24   of the bond market, they are only paying a .30 

25   interest rate on the BANs now.  And if they were 


                                                               2605

 1   to go to the bond market, it would cost them two 

 2   and a half to three times in interest what they 

 3   are currently paying.

 4                SENATOR VALESKY:   Mr. President.

 5                ACTING PRESIDENT CARLUCCI:   Senator 

 6   Valesky.

 7                SENATOR VALESKY:   Would Senator 

 8   Krueger yield for questions?  

 9                SENATOR KRUEGER:   Certainly.

10                ACTING PRESIDENT CARLUCCI:   The 

11   Senator yields.

12                SENATOR VALESKY:   Mr. President, 

13   does this bill apply only to the City of Yonkers?

14                ACTING PRESIDENT CARLUCCI:   Senator 

15   Krueger.  

16                SENATOR KRUEGER:   Excuse me, my 

17   mistake.  I spoke incorrectly on the sponsor's 

18   bill.  

19                No, it is a statewide option.

20                ACTING PRESIDENT CARLUCCI:   Senator 

21   Valesky.

22                SENATOR VALESKY:   Mr. President, 

23   would Senator Krueger continue to yield?  

24                ACTING PRESIDENT CARLUCCI:   The 

25   Senator yields.


                                                               2606

 1                SENATOR VALESKY:   The original law 

 2   in 2010, I believe you had indicated in your 

 3   explanation, was the original law a request of a 

 4   specific municipality?

 5                ACTING PRESIDENT CARLUCCI:   Senator 

 6   Krueger.

 7                SENATOR KRUEGER:   One second.

 8                In 2010, originally, it was asked 

 9   for by NYCOM, the New York Conference of Mayors.  

10   And this year it has further been asked for and 

11   supported for an extension by the Westchester 

12   Municipal Officers Association.

13                ACTING PRESIDENT CARLUCCI:   Senator 

14   Valesky.

15                SENATOR VALESKY:   So if Senator 

16   Krueger would continue to yield, please.

17                SENATOR KRUEGER:   Certainly.

18                ACTING PRESIDENT CARLUCCI:   The 

19   Senator yields.

20                SENATOR VALESKY:   So just so I'm 

21   clear.  So this extension, it is requested only 

22   by Westchester County and municipalities within 

23   the jurisdiction of Westchester County, or is it 

24   requested by all municipalities across the state?

25                ACTING PRESIDENT CARLUCCI:   Senator 


                                                               2607

 1   Krueger.

 2                SENATOR KRUEGER:   My understanding 

 3   is that the Town of Ulster is particularly 

 4   interested in the continuation and extension of 

 5   this bill.  And there's also been a survey of 

 6   some other towns that could be interested in 

 7   taking advantage of this, including, in my notes, 

 8   the Town of Amherst.

 9                ACTING PRESIDENT CARLUCCI:   Senator 

10   Valesky.

11                SENATOR VALESKY:   Mr. President, 

12   would Senator Krueger continue to yield.

13                SENATOR KRUEGER:   Certainly.

14                ACTING PRESIDENT CARLUCCI:   The 

15   Senator yields.

16                SENATOR VALESKY:   So this would be 

17   the second extension that we are being asked to 

18   vote on since the original law was approved in 

19   2010.  Was there any consideration of making the 

20   statute permanent, or is there a particular 

21   reason why we continue to do short-term 

22   extensions?  

23                ACTING PRESIDENT CARLUCCI:   Senator 

24   Krueger.

25                SENATOR KRUEGER:   Excellent 


                                                               2608

 1   question.  Let me speak to counsel.

 2               Through you, Mr. President.  My 

 3  understanding is that there might be an argument 

 4  for a permanency, but that there's a concern by 

 5  the Comptroller's office that they would actually 

 6  like to see these towns get out of this system 

 7  over time, and therefore we wouldn't want to 

 8  necessarily make it a permanent system.  

 9                But I haven't asked the Comptroller 

10   personally today.

11                ACTING PRESIDENT CARLUCCI:   Senator 

12   Valesky.

13                SENATOR VALESKY:   Mr. President, 

14   would Senator Krueger continue to yield.

15                SENATOR KRUEGER:   Certainly.

16                ACTING PRESIDENT CARLUCCI:   The 

17   Senator yields.

18                SENATOR VALESKY:   Senator Krueger, 

19   I'm curious as to if we were not to pass this 

20   bill this session and not to do this extension, 

21   and this law were to expire, I'm just curious as 

22   to what the impact would be on the localities 

23   that requested this bill and, for that matter, 

24   all localities in the state, since this is a 

25   statewide bill.


                                                               2609

 1                ACTING PRESIDENT CARLUCCI:   Senator 

 2   Krueger.

 3                SENATOR KRUEGER:   Through you, 

 4   Mr. President, it's my understanding if we do not 

 5   offer them this extension option, they would have 

 6   to pay back these BANs.  So they would have to 

 7   find the money to pay back this money, and likely 

 8   go to the bond market to borrow what they just 

 9   paid back.  

10                The problem is, as the example I 

11   gave before, if you're paying .30 percent on 

12   current BANs, then you would have to retire them 

13   and go to the bond market to borrow to repay the 

14   money you'd be paying two and a half to three 

15   times the interest rate on the bonds that you 

16   need to retire the BAN debt, therefore costing 

17   the municipalities more money.

18                ACTING PRESIDENT CARLUCCI:   Senator 

19   Valesky.

20                SENATOR VALESKY   Mr. President, 

21   would Senator Krueger continue to yield.

22                SENATOR KRUEGER:   Certainly.

23                ACTING PRESIDENT CARLUCCI:   The 

24   Senator yields.

25                SENATOR VALESKY:   So is it Senator 


                                                               2610

 1   Krueger's contention that costs for local 

 2   governments, if we were not to pass this 

 3   legislation, would increase?  Is that a fair 

 4   statement?  

 5                ACTING PRESIDENT CARLUCCI:   Senator 

 6   Krueger.

 7                SENATOR KRUEGER:   Yes.  Through 

 8   you, Mr. President, it is my understanding that 

 9   the costs for these governments would increase if 

10   we didn't pass this.

11                ACTING PRESIDENT CARLUCCI:   Senator 

12   Valesky.

13                SENATOR VALESKY:   Mr. President, 

14   would Senator Krueger continue to yield.

15                SENATOR KRUEGER:   Certainly.

16                ACTING PRESIDENT CARLUCCI:   The 

17   Senator yields.

18                SENATOR VALESKY:   My understanding, 

19   Senator Krueger, is that in the original law 

20   there was a five-year rollover period and that 

21   this bill before us, I believe -- correct me if 

22   I'm wrong -- extends the rollover period from 

23   five to seven years.  Is that correct?  

24                And if so, what's the reason for the 

25   extension in that period of time?  


                                                               2611

 1                ACTING PRESIDENT CARLUCCI:   Senator 

 2   Krueger.

 3                SENATOR KRUEGER:   I believe that 

 4   the Senator is correct, this would extend for two 

 5   more years a bill that originally was only for 

 6   five years.  

 7                And the reason they're asking for 

 8   the extension is because the economics of the 

 9   bond market for these localities being so much 

10   more expensive than the current rate of the BANs 

11   they have out.

12                ACTING PRESIDENT CARLUCCI:   Senator 

13   Valesky.

14                SENATOR VALESKY:   Thank you, 

15   Mr. President.

16                Thank you, Senator Krueger, for your 

17   responses.

18                SENATOR KRUEGER:   Thank you.

19                ACTING PRESIDENT CARLUCCI:   Are 

20   there any other members wishing to be heard?  

21                Senator Stavisky.

22                SENATOR STAVISKY:   Yes.  Would 

23   Senator Krueger yield for a question?  

24                SENATOR KRUEGER:   Through you, 

25   Mr. President, certainly.


                                                               2612

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   Senator yields.

 3                SENATOR STAVISKY:   Does the Senator 

 4   remember we had a bond request from the City of 

 5   Long Beach several months ago?  

 6                SENATOR KRUEGER:   Yes, I do, 

 7   Mr. President.

 8                SENATOR STAVISKY:   And does the 

 9   Senator recall that there was already some 

10   indebtedness and we authorized another round of 

11   indebtedness to help the city?

12                ACTING PRESIDENT CARLUCCI:   Senator 

13   Krueger.

14                SENATOR KRUEGER:   Through you, I 

15   believe that was correct, Mr. President.

16                ACTING PRESIDENT CARLUCCI:   Senator 

17   Stavisky.

18                SENATOR STAVISKY:   And in fact so 

19   there is a precedent for doing this kind of 

20   legislation.

21                SENATOR KRUEGER:   Through you, 

22   Mr. President, I think, without having done any 

23   research today, that there have been any number 

24   of precedents where we have allowed localities to 

25   extend out the timeline of both bonds, BANs and 


                                                               2613

 1   repayments owed to the state.

 2                So I do not think this concept is 

 3   unprecedented, but I didn't do homework about any 

 4   specific exact examples.

 5                SENATOR STAVISKY:   Thank you, 

 6   Senator Krueger.  

 7                And in fact, the sponsor of that 

 8   bill ironically was Senator Skelos, and 

 9   Senator Libous had to get up and defend that 

10   bill.  So I do see another similarity here.

11                Thank you, Mr. President.

12                ACTING PRESIDENT CARLUCCI:   Thank 

13   you.

14                Are there any other members wishing 

15   to be heard?

16                Seeing none, the Secretary will ring 

17   the bell.

18                The Secretary will read the last 

19   section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT CARLUCCI:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT CARLUCCI:    


                                                               2614

 1   Announce the result.

 2                THE SECRETARY:   Ayes, 56.

 3                Absent from voting:  Senators 

 4   Espaillat and Montgomery.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is passed.

 7                Senator Hannon, that completes the 

 8   controversial reading of the calendar.

 9                SENATOR HANNON:   Could we have some 

10   order.

11                Mr. President, I would ask that we 

12   adjourn --

13                ACTING PRESIDENT CARLUCCI:   Senator 

14   Hannon.  

15                SENATOR HANNON:   First of all, I 

16   presume there's no further business --

17                ACTING PRESIDENT CARLUCCI:   Senator 

18   Hannon, we need to reannounce the result of the 

19   last bill.

20                THE SECRETARY:  In relation to 

21   Calendar Number 449:  Ayes, 55.  Nays, 1.  

22   Senator Ball recorded in the negative.

23                Senators Espaillat and Montgomery 

24   absent from voting.

25                ACTING PRESIDENT CARLUCCI:   The 


                                                               2615

 1   bill is passed.

 2                Senator Hannon, that completes the 

 3   controversial reading of the calendar, and there 

 4   is no further business before the desk. 

 5                SENATOR HANNON:   All right.  Then I 

 6   would ask that we adjourn.  

 7                And I'd ask that we adjourn in the 

 8   memory of our deceased former colleague, 

 9   Catherine Abate, and do so until Tuesday, 

10   May 20th, at 3:00 p.m.

11                ACTING PRESIDENT CARLUCCI:   On 

12   motion, we adjourn in memory of Senator Abate to 

13   Tuesday, May 20th, at 3:00 p.m.

14                (Whereupon, at 4:40 p.m., the Senate 

15   adjourned.)

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