Regular Session - May 29, 2014

                                                                   2937

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 29, 2014

11                     11:20 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR PHIL M. BOYLE, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2938

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

 2                ACTING PRESIDENT BOYLE:   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 BOYLE:   In the 

10   absence of clergy, may we please bow our heads 

11   for a moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT BOYLE:   Thank 

15   you.  

16                The reading of the Journal.

17                THE SECRETARY:   In Senate, 

18   Wednesday, May 28th, the Senate met pursuant to 

19   adjournment.  The Journal of Tuesday, May 27th, 

20   was read and approved.  On motion, Senate 

21   adjourned.

22                ACTING PRESIDENT BOYLE:   Without 

23   objection, the Journal stands approved as read.

24                Presentation of petitions.

25                Messages from the Assembly.


                                                               2939

 1                The Secretary will read.

 2                THE SECRETARY:   On page 25, 

 3   Senator Martins moves to discharge, from the 

 4   Committee on Elections, Assembly Bill Number 8340 

 5   and substitute it for the identical Senate Bill 

 6   Number 6742, Third Reading Calendar 325.

 7                ACTING PRESIDENT BOYLE:    

 8   Substitution 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 Libous.

16                SENATOR LIBOUS:   Mr. President, 

17   would you please call on Senator Valesky, then 

18   Senator Gianaris, and then myself.  

19                ACTING PRESIDENT BOYLE:   Senator 

20   Valesky.

21                SENATOR VALESKY:   Mr. President, on 

22   behalf of Senator Avella, I move that the 

23   following bill be discharged from its respective 

24   committee and be recommitted with instructions to 

25   strike the enacting clause:  Senate Bill 7088.


                                                               2940

 1                ACTING PRESIDENT BOYLE:   So 

 2   ordered.

 3                Senator Gianaris.

 4                SENATOR GIANARIS:   Thank you, 

 5   Mr. President.  

 6                On behalf of Senator Breslin, on 

 7   page 58 I offer the following amendments to 

 8   Calendar Number 809, Senate Print 5714A, and ask 

 9   that said bill retain its place on Third Reading 

10   Calendar.

11                ACTING PRESIDENT BOYLE:   So 

12   ordered.

13                Senator Libous.

14                SENATOR LIBOUS:   Thank you, 

15   Mr. President.

16                On behalf of Senator Zeldin, 

17   Mr. President, I wish to call up his bill, Senate 

18   Print 1687, recalled from the Assembly, which is 

19   now at the desk.

20                ACTING PRESIDENT BOYLE:   The 

21   Secretary will read.

22                THE SECRETARY:   Calendar Number 62, 

23   by Senator Zeldin, Senate Print 1687, an act to 

24   amend the Public Authorities Law.

25                SENATOR LIBOUS:   Mr. President, I 


                                                               2941

 1   now move to reconsider the vote by which this 

 2   bill was passed.

 3                ACTING PRESIDENT BOYLE:   The 

 4   Secretary will call the roll on reconsideration.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 55.

 7                SENATOR LIBOUS:   Mr. President, I 

 8   now hand up the following amendments.

 9                ACTING PRESIDENT BOYLE:   The 

10   amendments are received.

11                Senator Libous.

12                SENATOR LIBOUS:   Thank you, 

13   Mr. President.  

14                On behalf of Senator Ball, on 

15   page 39 I offer the following amendments to 

16   Calendar Number 593, Senate Print 6563, and ask 

17   that said bill retain its place on the Third 

18   Reading Calendar.

19                ACTING PRESIDENT BOYLE:   So 

20   ordered.

21                Senator Libous.  

22                SENATOR LIBOUS:   On behalf of 

23   Senator Hannon, on page 37 I offer the following 

24   amendments to Calendar Number 565, Senate Print 

25   7027A, and ask that said bill retain its place on 


                                                               2942

 1   the Third Reading Calendar.

 2                ACTING PRESIDENT BOYLE:   So 

 3   ordered.

 4                Senator Libous.  

 5                SENATOR LIBOUS:   On behalf of 

 6   Senator LaValle, on page 41 I offer the following 

 7   amendments to Calendar Number 620, Senate Print 

 8   2922, and ask that said bill retain its place on 

 9   the Third Reading Calendar.

10                ACTING PRESIDENT BOYLE:   So 

11   ordered.

12                Senator Libous.  

13                SENATOR LIBOUS:   On behalf of 

14   Senator Libous, Mr. President, on page 42 I offer 

15   the following amendments to Calendar Number 642, 

16   Senate Print 970, and ask that said bill retain 

17   its place on the Third Reading Calendar.

18                ACTING PRESIDENT BOYLE:   So 

19   ordered.

20                Senator Libous.  

21                SENATOR LIBOUS:   Mr. President, at 

22   this time if we could take up a previously 

23   adopted resolution by Senator Avella, 

24   Number 4468, which is at the desk.  Could you 

25   please have it read it in its entirety and call 


                                                               2943

 1   on Senator Avella before passage of the 

 2   resolution.

 3                ACTING PRESIDENT BOYLE:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Legislative 

 6   Resolution Number 4468, by Senator Avella, 

 7   memorializing Governor Andrew M. Cuomo to 

 8   proclaim May 2014 as Korean American Family Month 

 9   in the State of New York.  

10                "WHEREAS, When the sons and 

11   daughters of other nations move to the 

12   United States, the traditions they carry with 

13   them greatly enhance and strengthen the American 

14   population; and 

15                WHEREAS, In December of 1902, 

16   56 men, 21 women and 25 children left Korea and 

17   traveled across the Pacific Ocean on the 

18   S.S. Gaelic and landed in Honolulu, Hawaii, on 

19   January 13, 1903; and 

20                "WHEREAS, Since their arrival, 

21   Korean Americans have taken root and thrived in 

22   the United States through strong family ties, 

23   community support, and hard work; and 

24                "WHEREAS, Family values and the 

25   importance of education are at the core of Korean 


                                                               2944

 1   culture; specifically, the concept of 'filial 

 2   piety,' or love and respect for one's parents and  

 3   ancestors, is a vital family virtue honored by 

 4   Koreans for centuries; and 

 5                "WHEREAS, May is considered 'Family 

 6   Month' in Korean culture, with Children's Day 

 7   falling on May 5th, Parents' Day on May 8th, and 

 8   Teachers' Day on May 15th; and 

 9                "WHEREAS, Children's Day was founded 

10   in 1923, by Mr. Jeong-Hwan Bang, a children's 

11   book author and children's rights activist, to 

12   promote love and respect for youth; and 

13                "WHEREAS, The Proclamation of 

14   Children's Day, which was presented by Mr. Bang 

15   on May 1, 1923, contains eight requests by 

16   children to adults, such as treating children 

17   with respect and providing a caring environment 

18   for children to learn and develop; and 

19                "WHEREAS, Acknowledging that 

20   children are the future of the nation, the day 

21   became a public holiday in Korea in 1975, 

22   allowing parents and children to spend the day 

23   together to strengthen the ties of the family; 

24   and 

25                "WHEREAS, Since 1973, Koreans have 


                                                               2945

 1   celebrated Parents' Day on May 8th by presenting 

 2   their parents with a red carnation and gifts; in 

 3   addition, various ceremonies are held in the 

 4   Korean-American community to recognize sons and  

 5   daughters who have rendered exemplary care and 

 6   services to parents and elderly; and 

 7                "WHEREAS, May 15th is designated as 

 8   Teacher's Day; while teachers are not blood 

 9   relatives, they have long occupied a special 

10   place of honor and dignity in Korean culture; and 

11                "WHEREAS, Korea has a long tradition 

12   of sincere respect and admiration for teachers, 

13   and students are taught to respect their teachers 

14   from the very first time they enter a school; and 

15                "WHEREAS, Respect for teachers does 

16   not only take place in schools but also in every 

17   household; it goes along with Korean culture 

18   where the elderly are greatly respected for their 

19   lifelong wisdom and hard work on behalf of Korean 

20   society; and 

21                "WHEREAS, The Korean-American 

22   community in New York State continues to honor 

23   family values through various events and 

24   ceremonies held annually during the month of May; 

25   and 


                                                               2946

 1                "WHEREAS, The State of New York has 

 2   always been richer, culturally and socially, as a 

 3   result of many contributions of its vibrant 

 4   Korean-American community; New York is also 

 5   fortunate to have in its midst a substantial 

 6   number of citizens who trace their origins to 

 7   Korea; now, therefore, be it 

 8                "RESOLVED, That this Legislative 

 9   Body pause in its deliberations to memorialize  

10   Governor Andrew M. Cuomo to proclaim May 2014 as 

11   Korean American Family Month in the State of 

12   New York; and be it further 

13                "RESOLVED, That copies of this  

14   resolution, suitably engrossed, be transmitted  

15   to the Honorable Andrew M. Cuomo, Governor of the 

16   State of New York; the Korean American 

17   Association of Greater New York; the Korean 

18   American Association of  Queens; Korean American 

19   Filial Piety, Inc.; and the Korean American 

20   Parents Association of Greater New York."

21                ACTING PRESIDENT BOYLE:   Senator 

22   Avella.

23                SENATOR AVELLA:   Thank you, 

24   Mr. President.

25                And thank you for reading the 


                                                               2947

 1   previously adopted resolution, which called upon 

 2   Governor Cuomo to declare May as Korean American 

 3   Family Month in the State of New York.

 4                I'm happy to report that last week 

 5   Governor Cuomo did exactly that, and it really is 

 6   a tribute to the Korean-American community in the 

 7   state.  

 8                We had a ceremony back in the City 

 9   of New York.  We didn't have all the groups come 

10   up, but I did want to mention for the record all 

11   the groups that participated in the ceremony and 

12   thanking the Governor for this wonderful tribute 

13   to the Korean-American community.

14                For the record, those organizations 

15   that were there:  Korean American Association of 

16   Greater New York, Korean American Association of 

17   Queens, Korean American Parents Association of 

18   New York, Korean Community Services of 

19   Metropolitan New York, Korean American Family 

20   Service Center, Korean American Political 

21   Advancement, Korean American Filial Piety, Korean 

22   American Seafood Association of Greater New York, 

23   Korean American Senior Citizens Society of 

24   New York, ROK Marine Corps Veterans of Eastern 

25   USA, and finally the Korean Veterans Association 


                                                               2948

 1   of Eastern USA.  

 2                And I thank this body for approving 

 3   the resolution, which the Governor then signed 

 4   into law proclaiming May as Korean American 

 5   Family Month.  I hope we can do this every year.  

 6   But we are the first state in the country to do 

 7   such an honor to the Korean-American community.  

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT BOYLE:   Thank you, 

10   Senator.

11                As was mentioned, this was 

12   previously adopted on April 29th.

13                Senator Libous.

14                SENATOR LIBOUS:   Excuse me, 

15   Mr. President.  Senator Maziarz was rudely 

16   interrupting me, sir.

17                (Laughter.)

18                SENATOR LIBOUS:   At this time could 

19   we move to adopt the Resolution Calendar.

20                ACTING PRESIDENT BOYLE:   All in 

21   favor of adopting the Resolution Calendar signify 

22   by saying aye.

23                (Response of "Aye.")

24                ACTING PRESIDENT BOYLE:   Opposed, 

25   nay.


                                                               2949

 1                (No response.)

 2                ACTING PRESIDENT BOYLE:   The 

 3   Resolution Calendar is adopted.

 4                Senator Libous.

 5                SENATOR LIBOUS:   Mr. President, 

 6   could we take up a previously adopted resolution 

 7   by Senator Kennedy, Number 4807.  Would you 

 8   please have it read in its entirety and then call 

 9   on Senator Kennedy.

10                ACTING PRESIDENT BOYLE:   The 

11   Secretary will read.

12                THE SECRETARY:   Legislative 

13   Resolution Number 4807, by Senator Kennedy, 

14   mourning the death of Edward F. Wagner, 

15   distinguished citizen and devoted member of his 

16   community.  

17                "WHEREAS, It is the custom of this 

18   Legislative Body to pay tribute to citizens of 

19   the State of New York whose lifework and civic 

20   endeavor served to enhance the quality of life in 

21   their communities and the great State of 

22   New York; and 

23                "WHEREAS, Edward F. Wagner, of 

24   Cheektowaga, New York, died on Saturday, 

25   February 8, 2014, at the age of 90; and 


                                                               2950

 1                "WHEREAS, Edward Frank Wagner was 

 2   born on October 1, 1923, the oldest of five 

 3   children in his family; at the age of 15, he 

 4   joined the Civilian Conservation Corps, sending 

 5   two-thirds of his paycheck home to help support 

 6   his mother and siblings; and 

 7                "WHEREAS, This esteemed man 

 8   continued his service to his country when, at the 

 9   age of 20, he enlisted as a member of the United 

10   States Marine Corps during World War II; and 

11                "WHEREAS, Edward F. Wagner served 

12   courageously as a lance corporal, experiencing 

13   heavy fighting during the Allied landings on 

14   Saipan and Tinian in the Mariana Island Campaign;  

15   his many military decorations include a 

16   Purple Heart for injuries sustained during 

17   battle; and 

18                "WHEREAS,  After the war, Edward F. 

19   Wagner returned home, married and started a  

20   wonderful family with his late wife, the former 

21   Adele Jendrasek; he also began a career with the 

22   Westinghouse Corporation that would last 

23   49 years; and 

24                "WHEREAS, This remarkable 

25   Marine Corps veteran distinguished himself in his 


                                                               2951

 1   profession and by his sincere dedication and  

 2   substantial contributions to patriotic causes in 

 3   his community; and 

 4                "WHEREAS, Edward F. Wagner was a 

 5   longtime member of Pvt. Leonard VFW Post No. 

 6   6251, the Cheektowaga Patriotic Commission, and  

 7   Marine Corps League Detachment No. 239; he was 

 8   also a founding member of Boy Scouts of America 

 9   Troop No. 554; and 

10                "WHEREAS, Edward F. Wagner's 

11   commitment to excellence, and his spirit of 

12   humanity, carried over into all fields of 

13   enterprise, including charitable and civic 

14   endeavors; and 

15                "WHEREAS, Known for his dedication 

16   to veterans' causes, he was proud to visit the 

17   injured at the VA Hospital and sell poppies to 

18   raise funds for war veterans; on Veteran's Day he 

19   would visit local elementary schools to give 

20   educational talks to children; and 

21                "WHEREAS, A man of faith, Edward F. 

22   Wagner was a lifelong member of St. Barnabas 

23   Catholic Church, where he served as an usher, and 

24   the Knights of Columbus; and 

25                "WHEREAS, Predeceased by his first 


                                                               2952

 1   wife, Adele; two brothers, Harry and Frank; and  

 2   his sister, Irene; Edward F. Wagner is survived 

 3   by his wife Mary Margaret; two brothers, James 

 4   and John; his daughter, Patricia (John), son, 

 5   Robert (Wendy); his four stepchildren, Barbara 

 6   (Dan), Lisa (Jonathan), Ober, and Eric 

 7   (Michelle), two grandchildren, Veronika and 

 8   Paulina; and ten step-grandchildren:  Jordan, 

 9   Amanda, Gabrielle, Halee, Rebekah, Anastasia, 

10   Emma, Oliver, Jasmine and Patrick; as well as 

11   several nieces and cousins; and 

12                "WHEREAS, Armed with a humanistic 

13   spirit, imbued with a sense of compassion, and 

14   remembered by a loving family, Edward F. Wagner 

15   leaves behind a legacy which will long endure the  

16   passage of time and will remain as a comforting 

17   memory to all he served and befriended; now, 

18   therefore, be it 

19                "RESOLVED, That this Legislative 

20   Body pause in its deliberations to mourn the 

21   death of Edward F. Wagner; and be it further 

22                "RESOLVED, That a copy of this 

23   resolution, suitably engrossed, be transmitted to 

24   the family of Edward F. Wagner."

25                ACTING PRESIDENT BOYLE:   Senator 


                                                               2953

 1   Kennedy.

 2                SENATOR KENNEDY:   Thank you, 

 3   Mr. President.

 4                I rise today to honor the life of 

 5   Edward Frank Wagner, a devoted husband, father, 

 6   grandfather, decorated serviceman and friend, who 

 7   passed away on February 8th of this year at the 

 8   age of 90 years old.  

 9                To know Ed was to love Ed.  He was a 

10   dear friend.  We extend our condolences to his 

11   family and friends as they mourn this tremendous 

12   loss.  And we fondly remember the contributions 

13   that he made to our community in Western 

14   New York, in New York State, and to our nation 

15   throughout his life.  

16                We are joined here today by many 

17   members of Ed's extended family -- his extensive 

18   family.  As we all heard in the reading of this 

19   resolution, the Wagner family is very large.  And 

20   they are wonderful people and have carried on his 

21   sense of nobility and his spirit in our community 

22   in Western New York.

23                Ed was a strong, courageous and 

24   incredibly humble individual who made his family 

25   life first and took great pride in the Western 


                                                               2954

 1   New York community.  I met Ed through his work 

 2   through the Patriotic Commission in Cheektowaga.  

 3   And like anyone who met Ed, we not only became 

 4   good colleagues, but we became good friends.  

 5                And in putting this resolution 

 6   together, we were doing some digging on history 

 7   of Ed Wagner and what he really meant to our 

 8   community in Western New York, to our state and 

 9   to our nation.  

10                And you know, Ed wasn't an 

11   individual who liked to brag about himself, so it 

12   gives me great pride to be able to honor his life 

13   and his memory, through speaking about some of 

14   the sacrifices that he made for our country and 

15   our community, on the floor of the Senate today.

16                In 1923, he was born, the oldest of 

17   five children in his family.  And he always put 

18   his family, his brothers and his sisters, first.  

19   In the height of the Great Depression, he joined 

20   the Civilian Conservation Corps.  And at only 

21   15 years old, Ed sent his paycheck home each week 

22   in order to support his family.  

23                And when the Second World War broke 

24   out, Ed volunteered to join the United States 

25   Marine Corps to serve the country.  And as the 


                                                               2955

 1   war waged on in the Pacific, he fought valiantly 

 2   on behalf of our great country, earning a Purple 

 3   Heart in service to our country.  

 4                After the war ended, he came home, 

 5   he met his wife and married his wife Adele, 

 6   started a family in Cheektowaga.  And for nearly 

 7   five decades, he worked and labored to raise his 

 8   family, working at Westinghouse Corporation, 

 9   demonstrating the resilient blue-collar spirit 

10   that makes Western New York famous.  

11                His family and friends are here with 

12   us today.  His wife Peggy, Margaret Mary Wagner, 

13   who's here with Bob, Ed's son; Lisa, Barb, and 

14   Eric, his stepchildren; his daughter Patty.  

15                He's remembered also by his two 

16   grandchildren and 10 step-grandchildren, 

17   including Jordan, who is here with us today, 

18   studying nursing at D'Youville College, the 

19   greatest college on earth -- it happens to be my 

20   alma mater.  She's going to be a nurse in the 

21   near future, she's going into her junior year.  

22                Ed's two brothers, James and John, 

23   his sister Margaret, and his friends John and 

24   Ginny Fasser are also here with us today.

25                Known for his hard work, his great 


                                                               2956

 1   sense of humor, and his generosity, Ed Wagner was 

 2   a family man who carried about his community and 

 3   did all he could to support his family, his 

 4   neighbors and our community.  He'll be deeply 

 5   missed.  And it's with his tremendous spirit that 

 6   we honor his memory on the floor of the Senate 

 7   today.  

 8                Thank you for coming here to 

 9   celebrate his life in service to our community, 

10   our state, and our nation.  

11                Thank you, Mr. President.

12                ACTING PRESIDENT BOYLE:   Thank you, 

13   Senator.

14                The resolution was previously 

15   adopted on May 6th.  

16                And I'd like to join with the Senate 

17   in thanking the Wagner family for coming here, 

18   mourning the loss of a great man and celebrating 

19   his life.  Thank you for joining us.

20                Senator Libous.

21                SENATOR LIBOUS:   Thank you, 

22   Mr. President.

23                If we can just go back to the Avella 

24   resolution, the Senator would like to open that 

25   up for all members.  And if any reason someone 


                                                               2957

 1   would like to come off it, let the desk know, as 

 2   our policy stands.

 3                ACTING PRESIDENT BOYLE:   Senator 

 4   Avella's resolution, Number 4468, is open for 

 5   cosponsorship.  If you choose not to be on the 

 6   resolution, please notify the desk. 

 7                Senator Libous.

 8                SENATOR LIBOUS:   Thank you.  

 9                Mr. President, at this point I think 

10   it's time to read the noncontroversial calendar.

11                ACTING PRESIDENT BOYLE:   The 

12   Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   280, by Senator LaValle, Senate Print 6790A, an 

15   act to amend the Education Law.

16                ACTING PRESIDENT BOYLE:   Read the 

17   last section.

18                SENATOR GIANARIS:   Lay it aside.

19                ACTING PRESIDENT BOYLE:   Lay the 

20   bill aside.

21                THE SECRETARY:   Calendar Number 

22   325, substituted earlier by Member of the 

23   Assembly Buchwald, Assembly Bill Number 8340, an 

24   act to amend the Election Law.

25                ACTING PRESIDENT BOYLE:   Read the 


                                                               2958

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BOYLE:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BOYLE:   Announce 

 8   the results.

 9                THE SECRETARY:   Ayes, 58.

10                ACTING PRESIDENT BOYLE:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   381, by Senator Young, Senate Print 6884, an act 

14   to amend Chapter 449 of the Laws of 1986.

15                ACTING PRESIDENT BOYLE:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BOYLE:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BOYLE:   Announce 

23   the result.

24                THE SECRETARY:   Ayes, 58.

25                ACTING PRESIDENT BOYLE:   The bill 


                                                               2959

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   382, by Senator Young, Senate Print 6885, an act 

 4   to amend Chapter 777 of the Laws of 1986.

 5                ACTING PRESIDENT BOYLE:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT BOYLE:   Call the 

10   roll.

11                (The Secretary called the roll.) 

12                ACTING PRESIDENT BOYLE:   Announce 

13   the result.

14                THE SECRETARY:   Ayes, 58.

15                ACTING PRESIDENT BOYLE:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   464, by Senator Klein, Senate Print 2333, an act 

19   to amend the Civil Practice Law and Rules.

20                ACTING PRESIDENT BOYLE:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the 30th day.

24                ACTING PRESIDENT BOYLE:   Call the 

25   roll.


                                                               2960

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BOYLE:   Announce 

 3   the result.  

 4                THE SECRETARY:   In relation to 

 5   Calendar 464, those recorded in the negative are 

 6   Senators Dilan, Krueger, Montgomery and Perkins.

 7                Ayes, 54.  Nays, 4.

 8                ACTING PRESIDENT BOYLE:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   526, by Senator Bonacic, Senate Print 7144, an 

12   act to amend the Estates, Powers and Trusts Law.

13                ACTING PRESIDENT BOYLE:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BOYLE:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BOYLE:   Announce 

21   the result.

22                THE SECRETARY:   Ayes, 58.

23                ACTING PRESIDENT BOYLE:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2961

 1   596, by Senator Peralta, Senate Print 3930, an 

 2   act to amend the Banking Law.

 3                ACTING PRESIDENT BOYLE:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 180th day.

 7                ACTING PRESIDENT BOYLE:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT BOYLE:   Announce 

11   the result.

12                THE SECRETARY:   Ayes, 58.

13                ACTING PRESIDENT BOYLE:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   680, by Senator Klein, Senate Print 6434, an act 

17   to amend the Alcoholic Beverage Control Law.

18                SENATOR LIBOUS:   Lay it aside for 

19   the day.

20                ACTING PRESIDENT BOYLE:   The bill 

21   is laid aside for the day.

22                THE SECRETARY:   Calendar Number 

23   692, by Senator LaValle, Senate Print 2282, an 

24   act to amend the Education Law. 

25                SENATOR LIBOUS:   Lay it aside for 


                                                               2962

 1   the day.

 2                ACTING PRESIDENT BOYLE:   Lay the 

 3   bill aside for the day.

 4                THE SECRETARY:   Calendar Number 

 5   713, by Senator LaValle, Senate Print 1770, an 

 6   act to amend the Public Health Law.

 7                ACTING PRESIDENT BOYLE:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT BOYLE:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BOYLE:   Announce 

15   the result.

16                THE SECRETARY:   Ayes, 58.

17                ACTING PRESIDENT BOYLE:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   734, by Senator Maziarz, Senate Print 1063, an 

21   act to amend County Law.

22                ACTING PRESIDENT BOYLE:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect on the 180th day.


                                                               2963

 1                ACTING PRESIDENT BOYLE:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BOYLE:   Announce 

 5   the result.

 6                THE SECRETARY:   Ayes, 58.

 7                ACTING PRESIDENT BOYLE:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   751, by Senator Golden, Senate Print 2244, an act 

11   to amend the Penal Law.

12                ACTING PRESIDENT BOYLE:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the first of November.

16                ACTING PRESIDENT BOYLE:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BOYLE:   Announce 

20   the result.

21                THE SECRETARY:   Ayes, 58.

22                ACTING PRESIDENT BOYLE:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   752, by Senator Klein, Senate Print 2261, an act 


                                                               2964

 1   to amend the Penal Law.

 2                ACTING PRESIDENT BOYLE:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BOYLE:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BOYLE:   Announce 

10   the result.

11                THE SECRETARY:   Ayes, 55.  Nays, 3.  

12   Senators Montgomery, Perkins and Sanders recorded 

13   in the negative.

14                ACTING PRESIDENT BOYLE:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   753, by Senator Lanza, Senate Print 2492, an act 

18   to amend the Penal Law.

19                ACTING PRESIDENT BOYLE:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the first of November.

23                ACTING PRESIDENT BOYLE:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2965

 1                THE SECRETARY:   In relation to 

 2   Calendar 753, those recorded in the negative are 

 3   Senators Hoylman, Krueger, Perkins and Sanders.

 4                Ayes, 54.  Nays, 4.

 5                ACTING PRESIDENT BOYLE:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   756, by Senator Lanza, Senate Print 3847, an act 

 9   to amend the Penal Law.

10                ACTING PRESIDENT BOYLE:   Read the 

11   last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect on the first of November.

14                ACTING PRESIDENT BOYLE:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT BOYLE:   Announce 

18   the result.

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT BOYLE:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   759, by Senator Nozzolio, Senate Print 4928B, an 

24   act to amend the Criminal Procedure Law.

25                ACTING PRESIDENT BOYLE:   Read the 


                                                               2966

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect January 1, 2016.

 4                ACTING PRESIDENT BOYLE:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   In relation to 

 8   Calendar 759, those recorded in the negative are 

 9   Senators Hassell-Thompson, Montgomery, Perkins 

10   and Sanders.

11                Ayes, 54.  Nays, 4.

12                ACTING PRESIDENT BOYLE:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   768, by Senator Nozzolio, Senate Print 7246, an 

16   act to amend the Penal Law.

17                ACTING PRESIDENT BOYLE:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BOYLE:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BOYLE:   Announce 

25   the result.


                                                               2967

 1                THE SECRETARY:   In relation to 

 2   Calendar 768, those recorded in the negative are 

 3   Senators Hassell-Thompson, Hoylman, Krueger, 

 4   Montgomery, Perkins and Squadron.

 5                Ayes, 52.  Nays 6.

 6                ACTING PRESIDENT BOYLE:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   769, by Senator Latimer, Senate Print 4843A, an 

10   act to amend the State Technology Law.

11                ACTING PRESIDENT BOYLE:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect on the 120th day.

15                ACTING PRESIDENT BOYLE:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BOYLE:   Announce 

19   the result.

20                THE SECRETARY:   Ayes, 58.

21                ACTING PRESIDENT BOYLE:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   772, by Senator Ranzenhofer, Senate Print 6544, 

25   an act to amend the Public Authorities Law.


                                                               2968

 1                ACTING PRESIDENT BOYLE:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT BOYLE:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BOYLE:   Announce 

 9   the result.

10                THE SECRETARY:   Ayes, 58.

11                ACTING PRESIDENT BOYLE:   The bill 

12   is passed.

13                THE SECRETARY:   On page 55, Senator 

14   Seward moves to discharge, from the Committee on 

15   Housing, Construction and Community Development, 

16   Assembly Bill Number 8323A and substitute it for 

17   the identical Senate Bill Number 5992A, Third 

18   Reading Calendar 778.

19                ACTING PRESIDENT BOYLE:    

20   Substitution ordered.

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   778, by Member of the Assembly Magee, Assembly 

24   Print 8323A, an act to amend the Real Property 

25   Tax Law.


                                                               2969

 1                ACTING PRESIDENT BOYLE:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT BOYLE:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BOYLE:   Announce 

 9   the result.

10                THE SECRETARY:   Ayes, 58.

11                ACTING PRESIDENT BOYLE:   The bill 

12   is passed.

13                Senator Libous, this completes the 

14   reading of the noncontroversial calendar.

15                SENATOR LIBOUS:   Thank you, 

16   Mr. President.

17                Mr. President, before I ask if 

18   there's any further business at the desk, I have 

19   a couple of announcements.  

20                The Cities Committee will meet 

21   immediately following Session in Room 123.  

22   That's the Cities Committee.  And immediately 

23   following the Cities Committee meeting will be 

24   the Codes Committee.  And that will be meeting 

25   next door in Room 124 of the Capitol.  


                                                               2970

 1                So Cities meeting immediately in 

 2   Room 123.  Once Cities is concluded, Codes will 

 3   meet in Room 124.  

 4                Hang on, Mr. President, I've got 

 5   something coming in from headquarters.

 6                (Laughter.)

 7                SENATOR LIBOUS:   Mr. President, I 

 8   can't believe that someone didn't hear me say 

 9   something, but Calendar 280 is and was laid aside 

10   for the day.

11                ACTING PRESIDENT BOYLE:   The bill 

12   will be laid aside for the day.

13                SENATOR LIBOUS:   Being subtle has 

14   never been one of my traits.  

15                Is there any further business, 

16   Mr. President, at the desk?  

17                ACTING PRESIDENT BOYLE:   There is 

18   no further business at the desk.

19                SENATOR LIBOUS:   There being no 

20   further business, I move that the Senate adjourn 

21   until Monday, June 2nd, at 3:00 p.m., intervening 

22   days being legislative days.

23                ACTING PRESIDENT BOYLE:   On motion, 

24   the Senate stands adjourned until Monday, 

25   June 2nd, at 3:00 p.m., intervening days being 


                                                               2971

 1   legislative days.

 2                (Whereupon, at 11:49 a.m., the 

 3   Senate adjourned.)

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