Regular Session - June 2, 2014

                                                                   2981

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 2, 2014

11                     3:26 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR CARL L. MARCELLINO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2982

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

 2                ACTING PRESIDENT MARCELLINO:   The 

 3   Senate will come to order.  

 4                I ask everyone present to rise for 

 5   the presentation of the colors by the Color 

 6   Guard from Stratton Air National Guard Base.  

 7                Gentlemen, present the colors.

 8                (The Color Guard entered the 

 9   chamber and presented the colors.)  

10                ACTING PRESIDENT MARCELLINO:    

11   Please repeat with me the pledge to our country.

12                (Whereupon, the assemblage recited 

13   the Pledge of Allegiance to the Flag.)

14                (The Color Guard lowered the colors 

15   and exited the chamber.)

16                ACTING PRESIDENT MARCELLINO:   In 

17   the absence of clergy, may we bow our heads for 

18   a moment of silence.

19                (Whereupon, the assemblage 

20   respected a moment of silence.)

21                ACTING PRESIDENT MARCELLINO:   The 

22   reading of the Journal.

23                THE SECRETARY:   In Senate, Sunday, 

24   June 1st, the Senate met pursuant to 

25   adjournment.  The Journal of Saturday, May 31st, 


                                                               2983

 1   was read and approved.  On motion, Senate 

 2   adjourned.

 3                ACTING PRESIDENT MARCELLINO:    

 4   Without objection, the Journal stands approved as 

 5   read.

 6                Presentation of petitions.

 7                Messages from the Assembly.

 8                The Secretary will read.

 9                THE SECRETARY:   On page 37, Senator 

10   Libous moves to discharge, from the Committee on 

11   Transportation, Assembly Bill Number 7844B and 

12   substitute it for the identical Senate Bill 

13   Number 6797A, Third Reading Calendar 516.

14                ACTING PRESIDENT MARCELLINO:   So 

15   ordered.

16                THE SECRETARY:   On page 61, Senator 

17   Valesky moves to discharge, from the Committee on 

18   Aging, Assembly Bill Number 8871 and substitute 

19   it for the identical Senate Bill Number 7255, 

20   Third Reading Calendar 830.

21                ACTING PRESIDENT MARCELLINO:   So 

22   ordered.

23                Messages from the Governor.

24                Reports from standing committees.

25                Reports from select committees.


                                                               2984

 1                Communications and reports from 

 2   state officers.

 3                Motions and resolutions.

 4                Senator Libous.

 5                SENATOR LIBOUS:   Mr. President, 

 6   would you please call on Senator Valesky, Senator 

 7   Gianaris, and then come back to me.

 8                ACTING PRESIDENT MARCELLINO:   If I 

 9   can remember.

10                Senator Valesky.

11                SENATOR VALESKY:   Thank you, 

12   Mr. President.

13                On behalf of Senator Avella, on 

14   page 44 I offer the following amendments to 

15   Calendar 625, Senate Bill 6903A, and ask that 

16   said bill retain its place on the Third Reading 

17   Calendar.

18                ACTING PRESIDENT MARCELLINO:   So 

19   ordered.

20                SENATOR VALESKY:   Also on behalf of 

21   Senator Avella, on page 27 I offer the following 

22   amendments to Calendar 276, Senate Bill 725, and 

23   ask that that bill retain its place on the 

24   Third Reading Calendar.

25                ACTING PRESIDENT MARCELLINO:   So 


                                                               2985

 1   ordered.

 2                Senator Gianaris.

 3                SENATOR GIANARIS:   Thank you, 

 4   Mr. President.

 5                On behalf of Senator Espaillat, on 

 6   page number 21 I offer the following amendments 

 7   to Calendar 107, Senate Print 1728A, and ask that 

 8   said bill retain its place on Third Reading 

 9   Calendar.

10                ACTING PRESIDENT MARCELLINO:   Thank 

11   you.  That will happen.

12                Senator Valesky.

13                SENATOR VALESKY:   Mr. President, 

14   again, I would move at this time that the 

15   following bill be discharged from its respective 

16   committee and be recommitted with instructions to 

17   strike the enacting clause, and this is on behalf 

18   of Senator Carlucci.  That's Senate Bill 7579.

19                ACTING PRESIDENT MARCELLINO:   So 

20   ordered.

21                Senator Libous.

22                SENATOR LIBOUS:   Mr. President, on 

23   behalf of Senator Maziarz, I wish to call up his 

24   bill, Senate Print 3646A, recalled from the 

25   Assembly, which is now at the desk.


                                                               2986

 1                ACTING PRESIDENT MARCELLINO:  The 

 2   Secretary will read.

 3                THE SECRETARY:   Calendar Number 

 4   142, by Senator Maziarz, Senate Print 3646A, an 

 5   act to amend the Arts and Cultural Affairs Law.

 6                SENATOR LIBOUS:   I now move to 

 7   reconsider the vote by which this bill was 

 8   passed.

 9                ACTING PRESIDENT MARCELLINO:   Call 

10   the roll on reconsideration.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 52.

13                SENATOR LIBOUS:   Mr. President, I 

14   offer up the following amendments.

15                ACTING PRESIDENT MARCELLINO:   The 

16   amendments are received.

17                SENATOR LIBOUS:   Again, 

18   Mr. President, on behalf of Senator Maziarz, I 

19   wish to call up his bill, Senate Print 6138, 

20   recalled from the Assembly, which is now at the 

21   desk.

22                ACTING PRESIDENT MARCELLINO:   The 

23   Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   186, by Senator Maziarz, Senate Print 6138, an 


                                                               2987

 1   act to amend the Public Service Law.

 2                SENATOR LIBOUS:   Mr. President, I 

 3   now move to reconsider the vote by which this 

 4   bill was passed.

 5                ACTING PRESIDENT MARCELLINO:   The 

 6   Secretary will call the roll on reconsideration.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 52.

 9                SENATOR LIBOUS:   Mr. President, I 

10   hand up the following amendments.

11                ACTING PRESIDENT MARCELLINO:   The 

12   amendments are received, sir.

13                SENATOR LIBOUS:   Mr. President, on 

14   behalf of Senator Seward, I wish to call up his 

15   bill, Senate Print 6505A, recalled from the 

16   Assembly, which is now at the desk.

17                ACTING PRESIDENT MARCELLINO:   The 

18   Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   240, by Senator Seward, Senate Print 6505A, an 

21   act to amend the Insurance Law.

22                SENATOR LIBOUS:   Mr. President, I 

23   now move to reconsider the vote by which this 

24   bill was passed.

25                ACTING PRESIDENT MARCELLINO:   Call 


                                                               2988

 1   the roll on reconsideration.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 52.

 4                SENATOR LIBOUS:   Mr. President, I 

 5   hand up the following amendments.

 6                ACTING PRESIDENT MARCELLINO:   The 

 7   amendments are received, sir.

 8                SENATOR LIBOUS:   On behalf of 

 9   Senator Lanza, I wish to call up his bill, Senate 

10   Print 4751A, recalled from the Assembly, but it's 

11   now at the desk.

12                ACTING PRESIDENT MARCELLINO:   The 

13   Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   184, by Senator Lanza, Senate Print 4751A, an act 

16   to amend the Social Services Law.

17                SENATOR LIBOUS:   Mr. President, I 

18   now move to reconsider the vote by which this 

19   bill was passed.

20                ACTING PRESIDENT MARCELLINO:   Call 

21   the roll on reconsideration, please.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 52.

24                SENATOR LIBOUS:   Mr. President, I 

25   offer up the following amendments.


                                                               2989

 1                ACTING PRESIDENT MARCELLINO:   The 

 2   amendments are received, sir.

 3                SENATOR LIBOUS:   Mr. President, on 

 4   behalf of Senator Marchione, I wish to call up 

 5   her bill, Senate Print 6934, recalled from the 

 6   Assembly, which is now at the desk.

 7                ACTING PRESIDENT MARCELLINO:   The 

 8   Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   610, by Senator Marchione, Senate Print 6934, an 

11   act to amend the Public Authorities Law.

12                SENATOR LIBOUS:   Mr. President, I 

13   now move to reconsider the vote by which this 

14   bill was passed.

15                ACTING PRESIDENT MARCELLINO:   Call 

16   the roll on reconsideration, please. 

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 52.

19                SENATOR LIBOUS:   Mr. President, I 

20   hand up the following amendments.

21                ACTING PRESIDENT MARCELLINO:   The 

22   amendments are received.

23                SENATOR LIBOUS:   On behalf of 

24   Senator Ranzenhofer, Mr. President, I wish to 

25   call up his bill, Senate Print 4324, recalled 


                                                               2990

 1   from the Assembly, and it's now at the desk.

 2                ACTING PRESIDENT MARCELLINO:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   246, by Senator Ranzenhofer, Senate Print 4324, 

 6   an act to amend the Not-For-Profit Corporation 

 7   Law.

 8                SENATOR LIBOUS:   Mr. President, I 

 9   now move to reconsider the vote by which this 

10   bill was passed.

11                ACTING PRESIDENT MARCELLINO:   Call 

12   the roll on reconsideration, please.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 52.

15                SENATOR LIBOUS:   Mr. President, I 

16   offer up the following amendments.

17                ACTING PRESIDENT MARCELLINO:   The 

18   amendments are received.

19                SENATOR LIBOUS:   Mr. President, 

20   again on behalf of Senator Ranzenhofer, I'd like 

21   to call up his bill, Senate Print 6718A, recalled 

22   from the Assembly, and it's now at the desk.

23                ACTING PRESIDENT MARCELLINO:   The 

24   Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               2991

 1   333, by Senator Ranzenhofer, Senate Print 6718A, 

 2   an act to amend Chapter 154 of the Laws of 1921.

 3                SENATOR LIBOUS:   Mr. President, I 

 4   now move to reconsider the vote by which this 

 5   bill was passed.

 6                ACTING PRESIDENT MARCELLINO:    

 7   Please call the roll on reconsideration.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 52.

10                SENATOR LIBOUS:   Mr. President, I 

11   now hand up the following amendments.

12                ACTING PRESIDENT MARCELLINO:   The 

13   amendments are received, sir.

14                SENATOR LIBOUS:   Thank you.  

15                Mr. President, on behalf of Senator 

16   Flanagan, I wish to call up Calendar Number 279, 

17   Assembly Print 121.

18                ACTING PRESIDENT MARCELLINO:   The 

19   Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   279, by Member of the Assembly Nolan, Assembly 

22   Print 121, an act to amend the Education Law.

23                ACTING PRESIDENT MARCELLINO:   

24   Senator Libous.

25                SENATOR LIBOUS:   Mr. President, I 


                                                               2992

 1   now move to reconsider the vote by which this 

 2   Assembly bill was substituted for Senator 

 3   Flanagan's bill, Senate Print 6671, on May 20th.

 4                ACTING PRESIDENT MARCELLINO:   The 

 5   Secretary will call the roll on reconsideration.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 52.

 8                ACTING PRESIDENT MARCELLINO:   

 9   Senator Libous.  

10                SENATOR LIBOUS:   Mr. President, I 

11   now move that Assembly Bill 121 be recommitted to 

12   the Committee on Rules and that Senator 

13   Flanagan's bill be restored to the order of 

14   Third Reading Calendar.

15                ACTING PRESIDENT MARCELLINO:   It 

16   will be done, sir.

17                SENATOR LIBOUS:   I now offer up the 

18   following amendments.

19                ACTING PRESIDENT MARCELLINO:   They 

20   will be received and accepted.

21                SENATOR LIBOUS:   And, 

22   Mr. President, amendments are offered are on the 

23   following Third Reading Calendar bills:  

24                On behalf of Senator Little, page 

25   22, Calendar Number 143, Senate Print 4358B; 


                                                               2993

 1                On behalf of Senator Ranzenhofer, 

 2   page 26, Calendar Number 248, Senate Print 5111; 

 3                On behalf of Senator Boyle, page 31, 

 4   Calendar Number 398, Senate Print 4988; 

 5                On behalf of Senator Martins, that 

 6   would be page 32, Calendar Number 441, Senate 

 7   Print 5160A; 

 8                On behalf of Senator Golden, on 

 9   page 39, it would be Calendar Number 548 and 

10   Senate Print 7008; 

11                On behalf of Senator O'Mara, on 

12   page 60, Calendar Number 814, Senate Print 7273; 

13                On behalf of Senator Flanagan, on 

14   page 64, it would be Calendar Number 859 and 

15   Senate Print 6762; 

16                On behalf of Senator Marchione, on 

17   page 65, Calendar Number 862, Senate Print 6952; 

18                On behalf of Senator Maziarz, it 

19   would be page 68, Calendar Number 891, Senate 

20   Print 7026; 

21                And, Mr. President, on behalf of 

22   Senator Grisanti, page 70, Calendar Number 912, 

23   Senate Print 7344A.

24                Mr. President, I move that these 

25   bills retain their place on the Third Reading 


                                                               2994

 1   Calendar.

 2                ACTING PRESIDENT MARCELLINO:   It 

 3   will be done, sir.

 4                SENATOR LIBOUS:   Mr. President, at 

 5   this time I have a resolution at the desk by 

 6   Senator Larkin.  It had been previously adopted.  

 7   It's Resolution Number 5398.  At this time could 

 8   you please have the clerk read it in its entirety 

 9   and call on Senator Larkin.

10                ACTING PRESIDENT MARCELLINO:   The 

11   clerk will read.

12                Can we have some order in the house.  

13   Thank you.  

14                THE SECRETARY:   Legislative 

15   Resolution Number 5398, by Senator Larkin, 

16   commemorating the 70th Anniversary of the 

17   D-Day Invasion on June 6, 2014.  

18                "WHEREAS, On June 6, 1944, the 

19   military might of the Allies combined for the 

20   most extensive aerial and seaborne assault ever 

21   planned; the D-Day Invasion at the beaches of 

22   Normandy, France changed the direction of 

23   World War II, and the history of the 

24   20th century; planned for over two years by the 

25   Allied Forces, the D-Day Invasion was an 


                                                               2995

 1   intricate coordination of the world's greatest 

 2   military forces, and an exercise in cooperation 

 3   that marked the turning point of the war and the 

 4   world's history; and 

 5                "WHEREAS, The Allied Invasion of 

 6   Europe, code-named Operation Overlord, consisted 

 7   of five infantry divisions, two American, two 

 8   British, and one Canadian, assigned to beaches 

 9   code-named, from west to east, Utah, Omaha, Gold, 

10   Juno, and Sword; on the first day of the 

11   invasion, two American airborne divisions landed 

12   behind the western end of the assault area and 

13   one British at the eastern, while amphibious 

14   armor was to swim ashore with the leading waves; 

15   and 

16                "WHEREAS, The Americans constituted 

17   the United States 1st Army, under Major General 

18   Omar Bradley, and the British and Canadians the 

19   British 2nd Army, under General Miles Dempsey; 

20   and 

21                "WHEREAS, The invasion was supported 

22   by more than 13,000 fighter, bomber, and 

23   transport aircraft that, between April 1st and 

24   June 5, 1944, flew 200,000 sorties and succeeded 

25   in breaking all the bridges across the Seine and 


                                                               2996

 1   Loire rivers to isolate the Normandy Invasion 

 2   area from the rest of France; and 

 3                "WHEREAS, The air campaign was 

 4   designed not only to disrupt German anti-invasion  

 5   preparations but also to serve as a deception 

 6   operation, in an attempt to persuade the enemy 

 7   that the landings would be made in the 

 8   Pas-de-Calais area, directly opposite Dover, 

 9   England, rather than in Normandy; and 

10                "WHEREAS, Meanwhile, intensive 

11   logistic preparations provided, by May 1944, 

12   almost 6,500 ships and landing craft, which would 

13   land nearly 200,000 vehicles and 600,000 tons of 

14   supplies in the first three weeks of 

15   Operation Overlord; and 

16                "WHEREAS, June 5, 1944, was fixed as 

17   the unalterable date by Supreme Commander of the 

18   Allied Expeditionary Forces, General Dwight  

19   D. Eisenhower, on May 17th; as the day approached 

20   and troops began to embark for the crossing, bad 

21   weather set in, threatening dangerous landing  

22   conditions; after tense debate, a 24-hour delay 

23   was decided on, requiring the recall of some 

24   ships already at sea; and 

25                "WHEREAS, On the morning of 


                                                               2997

 1   June 5th, assured of a weather break, an armada 

 2   of 3,000 landing craft, 2,500 other ships, and 

 3   500 naval vessels began to leave English ports; 

 4   that night, 822 aircraft, carrying parachutists 

 5   or towing gliders, roared overhead to the 

 6   Normandy landing zones; and 

 7                "WHEREAS, The airborne troops were 

 8   the D-Day vanguard, and their landings were a 

 9   heartening success; the American 82nd and 101st 

10   Airborne Divisions, dropping into a deliberately 

11   inundated zone at the base of the Cotentin 

12   Peninsula, suffered many casualties but 

13   nevertheless secured their objective; the British 

14   6th Airborne Division seized its objectives at 

15   the eastern end, and its special task force also 

16   captured key bridges over the Caen Canal and Orne 

17   River; and 

18                "WHEREAS, When the seaborne units 

19   began to land at dawn on June 6th, the British 

20   and Canadians on Gold, Juno, and Sword Beaches 

21   overcame light opposition, as did the Americans  

22   at Utah; the American 1st Division at 

23   Omaha Beach, however, confronted the best of the 

24   German coast divisions, and its landing  

25   threatened to fail; only dedicated local 


                                                               2998

 1   leadership eventually got the troops inland; and 

 2                "WHEREAS, On June 7, 1944, the 

 3   beachhead consisted of three separate sectors: 

 4   the British and Canadian between Caen, not taken, 

 5   and Bayeux; that of the American 5th Corps,  

 6   between Port-en-Bessin and Saint-Pierre-du-Mont; 

 7   and that of the American 7th Corps, west of the 

 8   Vire River behind Utah Beach; and 

 9                "WHEREAS, The narrow gap between 

10   Gold and Omaha at Port-en-Bessin was quickly 

11   closed, but it was not until June 12th that the 

12   American corps were able to capture Carentan; the 

13   beachhead then formed a continuous zone, deepest 

14   southwest of Bayeux, where the 5th Corps had 

15   driven nearly 15 miles inland; and 

16                "WHEREAS, Thanks to the success of 

17   the airborne landings, the flanks of the 

18   beachhead were firmly held, but efforts to break 

19   out of the center were frustrated by fierce 

20   German resistance and counterattacks, 

21   particularly around Caen in the British-Canadian 

22   sector; and 

23                "WHEREAS, The Americans were able to  

24   break into the base of the Cotentin Peninsula and 

25   advance on Cherbourg; the last bastion in the 


                                                               2999

 1   heavily fortified city fell on June 28th, and 

 2   clearance of the port began at once; the German 

 3   defense of Normandy had taken a turn for the 

 4   worse; Saint-Lo fell in the second and third  

 5   weeks of July, and the success of the American 

 6   1st Army's battle of attrition was to lay the 

 7   basis for the long-awaited breakout; and 

 8                "WHEREAS, The Normandy campaign was 

 9   a stunning success; by early September 1944, all 

10   but a fraction of France had been liberated, and 

11   American and British/Canadian forces occupied 

12   Belgium and part of the Netherlands and had 

13   reached the German frontier; and 

14                "WHEREAS, It is the sense of this 

15   Legislative Body that when events of such 

16   historical consequences are brought to our 

17   attention, they should be celebrated and 

18   recognized by all the citizens of the great 

19   State of New York; now, therefore, be it 

20                "RESOLVED, That this Legislative 

21   Body pause in its deliberations to commemorate 

22   the 70th Anniversary of the D-Day Invasion on 

23   June 6, 2014."

24                ACTING PRESIDENT MARCELLINO:    

25   Senator Larkin.


                                                               3000

 1                SENATOR LARKIN:   Thank you, 

 2   Mr. President.  

 3                In just a short few minutes you 

 4   heard the history of D-Day.  But just look to 

 5   your right, and there are the veterans of 

 6   World War II.  Please stand, ladies and 

 7   gentlemen.

 8                (Standing ovation.)

 9                SENATOR LARKIN:   I'm really honored 

10   for the Army folks here.  

11                I don't know how the Air Force got 

12   here, because all they did was run over, drop the 

13   bombs and come home and get martinis.

14                (Laughter.)

15                SENATOR LARKIN:   And the sailors, 

16   they lived in nice clean sheets.

17                But think about that day, 

18   Operation Overlord.  It had been going on for 

19   over three months.  Problems arose constantly 

20   about weather.  How about the Channel, what was 

21   going on?  Were the Higgins boats that were made 

22   in New Orleans, Louisiana, fitted enough?  

23                We were trying in this battle things 

24   that had never been tried before:  landing 

25   vehicles, landing vehicles infantry, landing 


                                                               3001

 1   vehicles tanks, landing vehicles supplies.  It 

 2   was an exercise that never was dreamed of.  The 

 3   largest armada in the world in any battle that 

 4   this country or any other country has 

 5   participated in.

 6                But you know, we had a leader.  And 

 7   there's a motto with our servicemen:  Lead or get 

 8   out of the way.  General Eisenhower had a glass 

 9   of water one night with Montgomery, the British 

10   general.  And the British general said to him:  

11   "I don't think" -- General Eisenhower was 

12   reported to say, "We don't get paid to think.  We 

13   get paid to act."

14                The delay was one day.  Then 

15   Eisenhower said, "It's now or never, because in a 

16   month it will be worse."

17                What did he do that afternoon?  

18   There's a paper on your desks, there's a sheet 

19   missing; it will be added to both sides of the 

20   aisle.  It shows Eisenhower in the Ike jacket 

21   down there talking to the troops, airborne.  And 

22   he said very clearly -- and look in the documents 

23   you have -- he said:  "Men, this is the most 

24   important action this military will ever take in 

25   this war.  We cannot fail.  If we fail, I will 


                                                               3002

 1   assume my responsibilities because I didn't do it 

 2   right."

 3                That's leadership.  That's what we 

 4   needed on D-Day.  Ten thousand Americans were 

 5   killed that morning.  Over 21,000 were wounded, 

 6   later died on the beaches.  Some of the material 

 7   you look at, you'll see them coming off the 

 8   barges and getting shot dead right at the barge, 

 9   never got on the land.  

10                But one of the things that 

11   Eisenhower did when the battle plan started -- I 

12   wasn't there.  I graduated from basic training on 

13   the 6th of June, so I couldn't be there to test 

14   it.  

15                What did they do?  They took phony 

16   air balloons out on the southern end of France 

17   and put them in as paratroopers.  So the Germans 

18   switched where they were and went down and were 

19   shooting at empty gliders and a balloon-phased 

20   airborne unit.  They put forces in there galore, 

21   diverted them from where the main battle was, and 

22   we were very successful.

23                This fight this day 70 years ago 

24   made this country safe.  Because the battle from 

25   there on, up into France, Belgium -- some of you 


                                                               3003

 1   get a picture of Belgium and you'll see the 

 2   crosses that were a result of this war.  This was 

 3   a war that we'll never forget.  This is a war we 

 4   should never, and we should remember.  The total 

 5   losses that we had that one day, they said the 

 6   average age was 21 years old.  Twenty-one.  

 7                My colleagues in the room have been 

 8   there.  My good friend from the 1st Cavalry 

 9   Division, I salute you.  But I was in the 7th, 

10   not the 8th.

11                What are we saying?  We owe these 

12   men a debt of gratitude.  You don't owe me 

13   anything.  But the men and women that came back, 

14   somebody forgot.  There's an organization called 

15   WASP, W-A-S-P.  And I'm not talking religion.  

16   They did flying of all types of aircraft to bring 

17   supplies to the east, and they did flights 

18   overseas into England for us.  

19                This was a day at the end of the day 

20   General Mark Clark in Italy sent Eisenhower a 

21   note.  And he said:  "I have always been amazed 

22   at your brilliance and being a technician.  I am 

23   more proud of you today than ever.  You are the 

24   greatest leader this nation has ever had."  And 

25   he was.


                                                               3004

 1                I look at the empty seats here, kind 

 2   of disappointing.  Because we're talking about 

 3   people who gave their lives, and we don't have a 

 4   few minutes to say to it?  

 5                Operation Overlord made it so that 

 6   we were successful.  And we were successful in 

 7   Italy and Africa into Germany.  And we were also 

 8   capable of having the forces to do the same thing 

 9   in the Pacific.

10                I'm proud.  I'm very proud of my 

11   colleagues here, very proud of our servicemen 

12   from World War II.  But don't go home tonight and 

13   say it's over and Thursday, when it's the real 

14   day, we'll speak up.  If some of you -- many of 

15   you, I have been told, have taken pictures down 

16   by.  You ought to sit by, look at Eisenhower when 

17   he was talking to the airborne troops.  You 

18   should look at some of those beachheads and you 

19   saw young kids, some of them as old as your 

20   children, never made it off the barges.  And you 

21   ought to say to yourself tonight, we are a 

22   blessed nation because we had Americans that put 

23   their country before their self.

24                I'd like to ask everybody to stand 

25   up for a moment in a moment of silence on behalf 


                                                               3005

 1   of those who participated in that battle and 

 2   those who never came home.

 3                (Whereupon, the assemblage rose and 

 4   respected a moment of silence.)

 5                SENATOR LARKIN:   Thank you.  

 6                ACTING PRESIDENT MARCELLINO:    

 7   Senator Skelos.

 8                SENATOR SKELOS:   Thank you, 

 9   Mr. President.

10                I want to thank Colonel Senator 

11   Larkin for your service to our great country and 

12   for your comments right now.  Thank you, Senator.

13                We honor the veterans that served 

14   our country in World War II.  We honor our 

15   veterans that have served our country throughout 

16   the years and for generations.  At this time in 

17   particular, as we approach the 70th anniversary 

18   of D-Day, we are recognizing the incredible 

19   courage of our World War II veterans, including 

20   our own Senator Larkin.

21                I'd like to welcome Senator Ball's 

22   grandfather, Herman Schreiber, and wish him a 

23   happy 88th birthday.  So happy birthday.

24                (Applause.)

25                SENATOR SKELOS:   Now, I want to 


                                                               3006

 1   point out that my father, who's 93, served in the 

 2   Merchant Marines and actually just retired, and 

 3   my wife Gail's father served in the cavalry 

 4   during World War II.

 5                And there's a reason why the people 

 6   that served in World War II are known as the 

 7   Greatest Generation.  That's because June 6, 

 8   1944, was the greatest day of the greatest 

 9   generation.  On that day the largest amphibious 

10   invasion force ever turned the tide of the 

11   world's history from oppression to freedom, from 

12   a brutality that we saw at the killing camps of 

13   Adolf Hitler, and less than a year later from war 

14   to peace.  And it all began with the incredible 

15   bravery and sacrifice on the beaches of Normandy 

16   70 years ago.  

17                The cost of freedom was very high.  

18   More than 9,000 to 10,000 Allied military 

19   personnel were killed or wounded.  And 

20   Senator Larkin mentioned how the average age was 

21   21.  If you ever have an opportunity to go to one 

22   of the American cemeteries in Europe, I've been 

23   to -- I was never at Normandy, but I was to 

24   Luxembourg and a couple of others, the 

25   Netherlands.  And when I asked the commandant who 


                                                               3007

 1   was giving us the tour what was the average age, 

 2   it was actually even less than 21.  I think he 

 3   said the oldest person in the cemetery was in his 

 4   early 30s.  

 5                So think about what that generation 

 6   of young men and women did to protect our 

 7   freedoms.  And that's something we should all 

 8   remember as we serve here in the State Senate and 

 9   as we serve our constituents.

10                There's a tremendous display in the 

11   LOB that I would urge you to go by and take a 

12   look at -- videos, different mobile devices that 

13   were used during the war -- and see what our men 

14   and women were using as compared to what we have 

15   today.

16                So to all of our World War II 

17   veterans, especially those who served on D-Day, 

18   we say thank you to you.  For those of you who 

19   are no longer with us, we will always remember 

20   you.  And we should also remember that as they 

21   came home, they helped create the greatest 

22   economy, the greatest expansion of an economy, 

23   and the greatest nation in the world.

24                So Senator Larkin, again, I thank 

25   you for your service.  And to the men and women 


                                                               3008

 1   that are here, we thank you for your service.

 2                Thank you.

 3                (Applause.)

 4                ACTING PRESIDENT MARCELLINO:    

 5   Senator Serrano.

 6                SENATOR SERRANO:   Thank you very 

 7   much, Mr. President.  I just wanted to also thank 

 8   Senator Larkin and all of our colleagues here for 

 9   supporting this really important resolution.  

10                And you know, growing up, one of the 

11   things that interested me -- and I'm not sure 

12   why, but I've always been so interested in 

13   World War II history.  I've studied it a great 

14   deal.  I have a pretty extensive library of books 

15   on the subject.  I even had the good fortune in 

16   the 1990s of traveling to London, and I visited 

17   the Imperial War Museum, where you're able to see 

18   firsthand so much of the machinery used during 

19   this conflict.  

20                And even in Hollywood, you know, 

21   there were a number of really good movies that in 

22   many ways accurately depicted, or as close as 

23   possible, what was going on during that time.  I 

24   think of Saving Private Ryan and The Longest Day, 

25   and there were many other movies.  And of course 


                                                               3009

 1   it is Hollywood, but throughout all of that there 

 2   is some bit of reality as to what soldiers were 

 3   dealing with.  

 4                And World War II was so much more 

 5   than just a war.  It was really a struggle for 

 6   the human race.  It was really so much a turning 

 7   point for humanity.  The conflict and how the 

 8   United States entered into that conflict, really 

 9   at a time where things seemed insurmountable, and 

10   soldiers, many of whom are represented here, who 

11   were willing to sort of disrupt their lives, not 

12   just for that moment but for the rest of their 

13   lives, to enter into a conflict to fight against 

14   the evils of tyranny.  

15                People like myself, okay, born in 

16   the 1970s, never having lived through that 

17   conflict, only reading and hearing about it from 

18   those who are older than me, I empathize so 

19   deeply with how incredible that struggle must 

20   have been, and the burden.  

21                Things that I took for granted when 

22   I was in my early twenties -- you know, being in 

23   college, hanging out with my friends -- while 

24   that generation in the 1940s were wondering if 

25   they were going to be on a ship the next morning, 


                                                               3010

 1   if they were going to be on a beach fighting for 

 2   their lives.  And they knew that the reality was 

 3   that many of them would not be coming home, and 

 4   the psychological effect that that has not only 

 5   at that present moment, but something that they 

 6   carry with them throughout their lives.

 7                My fear is that as generations come 

 8   and go that we forget, that we will forget what 

 9   happened.  And that's why I think it's wonderful 

10   that that display is down in the LOB.  And when I 

11   saw it, I got so excited and took a lot of 

12   photos.  Because this wasn't Hollywood, this was 

13   real.  Those bullets were real.  The cloud of 

14   tyranny over Europe was getting closer to our 

15   shores.  

16                A lot of people don't realize that 

17   there were U-boats up and down the coast of the 

18   United States and they were attacking our ships 

19   and attacking our harbors.  And that on the 

20   Pacific front the Axis forces were doing 

21   tremendous harm and damage at Pearl Harbor and in 

22   other places.  This was truly a global conflict, 

23   and it was squeezing everything that was so 

24   important about the United States and why we 

25   stood for the things that we stood for.  


                                                               3011

 1                So when I hear a resolution like 

 2   today, I want Colonel Larkin to know that the 

 3   lessons have not been lost on my generation, if I 

 4   have anything to do with it, because I think that 

 5   this is something that we must never lose our 

 6   vigilance on.

 7                The same battles that the soldiers 

 8   who were fighting in World War II, that evil is 

 9   not gone forever.  It can return at any given 

10   moment.  And we can't be complacent, and we 

11   always have to be vigilant and stand up against 

12   injustice in any form, stand up against bigotry 

13   and racism and the totalitarian tyranny that we 

14   saw that sort of grew in the 1930s and 1940s 

15   throughout Europe.

16                So I thank Colonel Larkin, 

17   Senator Larkin, and my colleagues for bringing 

18   this resolution.  And I hope that we do continue 

19   to teach this lesson, that it will be accurately 

20   taught to future generations in schools, to know 

21   the sacrifices that were made for the freedoms 

22   that we take for granted this day and age.

23                Thank you.

24                (Applause.)

25                ACTING PRESIDENT MARCELLINO:    


                                                               3012

 1   Senator Nozzolio.

 2                SENATOR NOZZOLIO:   Thank you, 

 3   Mr. President, on the resolution.

 4                Mr. President and my colleagues, I 

 5   wish to thank Senator Skelos and Senator Larkin, 

 6   Senator Ball, for bringing this resolution before 

 7   us.  

 8                Last week I stood tall with Colonel 

 9   Larkin in front of the Normandy Day, the D-Day 

10   Memorial demonstration in our State Capitol, 

11   proudly stood with Senator Larkin as he read to 

12   me President Eisenhower's letter, handwritten, 

13   which took full responsibility for the success or 

14   failure of this important mission.

15                Five thousand ships, 11,000 

16   airplanes, 150,000 servicemen.  I want to talk 

17   about two of those servicemen very briefly.

18                As mankind faced one of its darkest 

19   hours, the men who fought in D-Day turned the 

20   tide of World War II and helped us prevent the 

21   enslavement of the world, protect liberty and 

22   preserve that liberty for future generations 

23   across the globe.  One such man is Tony DeTomaso 

24   of Auburn.  

25                As a member of the 299th Combat 


                                                               3013

 1   Engineer Battalion, many of whom were also from 

 2   Auburn in Central New York, Tony was among the 

 3   first wave of troops that landed on the beaches 

 4   of Normandy during the invasion.  Tony was only 

 5   19 when he and his fellow soldiers fought to 

 6   clear the beaches so that the Allied troops could 

 7   set up their command pass.  During that battle, 

 8   six members of the 299th made the ultimate 

 9   sacrifice and died while fighting to liberate the 

10   world.

11                When I first met Tony a few years 

12   ago, we discussed the tremendous sacrifices that 

13   were made by the 299th Engineer Combat Battalion 

14   during the entire war.  His devotion to his 

15   fellow veterans was inspiring.  And he asked me 

16   to pledge to him that I would do all possible to 

17   ensure that the accomplishments of those men, the 

18   recognition of their sacrifice, like the men 

19   seated here today, would never be forgotten.  

20                Well, my pledge to Tony, who 

21   unfortunately is no longer with us, continues 

22   today.  And our thanks to the members of the 

23   Greatest Generation for your wonderful 

24   sacrifices.

25                Also a member of that historic 


                                                               3014

 1   generation is Joseph Mack from the town of 

 2   Macedon in Wayne County, who was recently 

 3   selected by the Greatest Generation's foundation 

 4   to return to Normandy for the 70th anniversary of 

 5   D-Day.  Joe is traveling to Normandy as we speak 

 6   to be honored by the French Legion of Honor and 

 7   receive the Legion of Honor Medal for his service 

 8   during World War II.

 9                Joe, congratulations for the 

10   recognition you deserve.  And our special thanks 

11   for all that you, Tony DeTomaso, the 299th, and 

12   all did who gave their sacrifice.  As the saying 

13   goes, all gave some and some gave all.  And those 

14   are the sacrifices we recognize today.

15                Mr. President, it is indeed my honor 

16   to rise and discuss this very important 

17   resolution and to thank those who brought it to 

18   the attention, so that we never forget those 

19   sacrifices and we ensure the legacy of memory and 

20   honor continue.  

21                Thank you.

22                ACTING PRESIDENT GRIFFO:   Thank 

23   you, Senator Nozzolio.

24                (Applause.)

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               3015

 1   Marchione.

 2                SENATOR MARCHIONE:   Thank you.  I 

 3   rise in support of this resolution as well.  

 4                And thank you, Senator Larkin and 

 5   Senator Ball and others, for bringing this to us.  

 6   D-Day is such an important part of our history 

 7   and our freedom.  And that second generation and 

 8   the human element of it absolutely has earned the 

 9   Greatest Generation notoriety.

10                And you know, I think and I think 

11   about my own father-in-law, who was a gunner in 

12   the belly of a plane and made 26 missions, where 

13   they only usually last six missions and you're 

14   killed.  And I think of my own father during that 

15   time, who wasn't old enough to be in the Navy, 

16   yet at 14 he decided he was and joined the 

17   service.  And you think about the movie stars 

18   then, and the sports people; they never got out 

19   of going to war, they went to war.  

20                These men that are here today 

21   sitting in front of you, they're a member of the 

22   Greatest Generation, of a group of American 

23   citizens who gave it all.  And as they were 

24   giving it all to us, their wives and their 

25   families were back home growing gardens and using 


                                                               3016

 1   rationings.  They all sacrificed.  

 2                We now have a group of people in the 

 3   military that sacrifice, and sometimes we 

 4   ourselves don't do enough.

 5                But I wanted just to thank you for 

 6   all that you've done, for all of our veterans for 

 7   all that they've given.  

 8                And I'm honored today to have with 

 9   me, sitting up front from my district, Ray 

10   DuPuis.  And Ray, if I could ask that you stand.  

11   His daughter Marla heard that we were having this 

12   ceremony today, and without any sleep -- because 

13   she's a nurse and works all night -- said "I want 

14   my dad to be here."  

15                And I'm so thrilled, Ray -- if you 

16   would stand, please, and be recognized -- that 

17   you're with us today.  I don't think Ray hears 

18   well any longer.  But thank you, Ray.  I wanted 

19   to honor you, I wanted to say thank you, thank 

20   the sponsors.  Thank you.

21                (Applause.)

22                ACTING PRESIDENT GRIFFO:   Thank 

23   you, Senator Marchione.

24                Senator Ball.

25                SENATOR BALL:   Actually, I'm going 


                                                               3017

 1   to yield the floor; Senator O'Mara is going to 

 2   sing "Happy Birthday" to my grandfather, so -- 

 3   no?

 4                SENATOR O'MARA:   It's my birthday 

 5   too.

 6                SENATOR BALL:   It's also his 

 7   birthday as well.  So there's going to be a hell 

 8   of a party in about three hours.

 9                (Laughter.)

10                SENATOR BALL:   If the Balls, the 

11   Schreibers and the O'Maras get together, it would 

12   be a hell of a party.

13                Senator Larkin, thank you.  Thank 

14   you -- and I know many times we say thank you, 

15   but I want to thank you for something a little 

16   different.  

17                It has been a pleasure to serve in 

18   this conference and to watch over the past four 

19   years what it means to live a life well-lived and 

20   to be honored by your peers and your community 

21   accordingly in a way that I can't imagine most 

22   people could ever self-actualize.  

23                We all want to do the best we can, 

24   to live the best life we can, to give back to our 

25   community, to have a loving family and to be 


                                                               3018

 1   productive.  And you are a man who personifies a 

 2   life well-lived.  And you are an example to all 

 3   of us.  And I thank you for that from the bottom 

 4   of my heart.

 5                (Applause.)

 6                SENATOR BALL:   We put together a 

 7   trip down to the World War II Memorial.  I was a 

 8   young Air Force officer when they were building 

 9   that memorial in Washington, D.C.  And I've got 

10   to say that outside of graduating from the 

11   United States Air Force Academy, the best day of 

12   my life was taking approximately 50 World War II 

13   veterans, including my grandfather, Hermie 

14   Schreiber, down to that World War II Memorial.  

15                We went down there and joined 

16   efforts with Congressman Maloney and Congressman 

17   Gibson.  One of my friends was at that point the 

18   head of the United States Air Force Honor Guard.  

19   Hopefully Senator Larkin won't hold that against 

20   him or I.  

21                And we were down to that memorial -- 

22   this is a few weeks, actually, before the federal 

23   government found it within their interest to shut 

24   the place down.  They were extremely lucky that 

25   it was not shut down on that day, because I know 


                                                               3019

 1   that probably Congressman Maloney, Congressman 

 2   Gibson and Senator Ball would have been arrested, 

 3   because I would have called the Teamsters and I 

 4   would have went through the gates.  And everybody 

 5   who knows me, including my mother and my staff, 

 6   knows that is exactly true.  We would have 

 7   visited that memorial regardless.

 8                But that day, it was a beautiful 

 9   blue sky, we had these men and women there.  And 

10   you know what?  The United States Air Force Honor 

11   Guard did a presidential-level ceremony more 

12   these heroes.  And the tourists came around, we 

13   had about a thousand people watching on that day, 

14   and there was not a dry eye.

15                If you think about World War II -- 

16   and a couple of times I've heard people say "We 

17   will never forget."  I don't know.  9/11, how 

18   many people have already forgotten that?  World 

19   War II, we lose these heroes every day.  We are 

20   in the midst right now of a downsize of our 

21   military in this country that is unprecedented.  

22   You know, many of these men were drafted.  Today 

23   we live in this country, enjoy enormous freedom 

24   on their backs and on the backs of special forces 

25   troops and combat troops that serve today who 


                                                               3020

 1   volunteered and represent less than 1 percent of 

 2   the population.  

 3                We've had recent conflicts where 

 4   those special forces troops have gone into battle 

 5   and this country did not back them.  If you want 

 6   men and women to stand up and say "I am willing 

 7   to fight and die for this country," you sure as 

 8   hell better be there when their butts are on the 

 9   line.  

10                We were a very different country 

11   back then in World War II.  Sixty million people, 

12   including civilians, perished.  Two and a half 

13   percent of the world's population, 2.5 percent.  

14   Every single able-bodied young man stood up -- 

15   and many women -- to fight, and many died for 

16   this country.  And those that were here left in 

17   this country stood up, they sacrificed, and we 

18   had the best manufacturing might, and we were 

19   able to go to war.  

20                Could we today?  And would we?  How 

21   many of you would send your children?  

22                So as we stand here today and we 

23   honor these heroes -- and I know I speak to the 

24   choir with most of you -- we'd better realize 

25   that this country is very different than it was 


                                                               3021

 1   when these men, and many of their friends that 

 2   never came back, stood up.  And we'd better learn 

 3   from that lesson, because history has a funny way 

 4   of repeating itself.

 5                June 11th, the beachheads were 

 6   secured.  Three hundred twenty-six thousand 

 7   troops had crossed, over 100,000 tons of 

 8   equipment.  Paris was liberated -- talk about 

 9   forgetting history -- Paris was liberated 

10   August 25th.  And Germany surrendered in 

11   May 1945.  

12                I know we all have images in our 

13   head when we think of World War II.  I think of 

14   troops killing Jews, and I think of an image in 

15   my head that is iconic of a Jewish mother hovered 

16   over her children as soldiers aim on her and kill 

17   her.  You talk about evil?  That's evil.  

18                And you're right, evil still exists 

19   all around this world.  And that American flag 

20   represents the last remaining hope of defending 

21   moms and children and innocent people all around 

22   this world.  You can choose to deny it, but we 

23   must accomplish and continue to accomplish peace 

24   through strength.  And if you don't stand for 

25   anything, people will die.  This country needs to 


                                                               3022

 1   continue to stand for what's right.

 2                Okay, so I want to go through some 

 3   names here.  We have Peter "Barney" Bambace, 

 4   who's United States Air Force, Private 1st Class.  

 5   John Graziano, Navy -- please stand up when you 

 6   hear your name -- 3rd Class Petty Officer.  Peter 

 7   Senatore, Army, Lieutenant.  Jack Alonzo, Navy, 

 8   who's here with his wife, and they've been 

 9   married 56 years.

10                (Applause.)

11                SENATOR BALL:   That's his beautiful 

12   wife, Virginia Alonzo.  

13                As a guy of 36 that's not married, 

14   I'm going to talk to you guys later.  I want to 

15   know what the secret is, okay?

16                (Laughter.)

17                SENATOR BALL:   Hermie Schreiber, my 

18   grandfather, who it's his 88th birthday today.  

19   He doesn't look a day over 35.  

20                And actually my mother, who's here 

21   as well, Judy Ball, who is responsible for me.  

22   So the Democrats, you can yell at her, okay?  

23                (Laughter.)

24                SENATOR BALL:   And we have Ray 

25   DuPuis, from Senator Marchione's district, who's 


                                                               3023

 1   Army and Army Air Corps, Private 1st Class.  

 2                I just want to -- I'll leave you 

 3   with this.  And, you know, at the United States 

 4   Air Force Academy we had to memorize these 

 5   quotes, which I just hated, but I realize now the 

 6   importance.  And this quote is one that I 

 7   actually -- I'm not good at memorization, but 

 8   this is one that I actually did remember.  But I 

 9   can't say it, you know, verbatim, so I'm going to 

10   read it.  But I did remember it when I was a 

11   cadet.  

12                "A professional soldier 

13   understands" -- and it's by General Norman 

14   Schwarzkopf, who's also a Valley Forge alumni.  

15   Stormin' Norman.  "A professional soldier 

16   understands that war means killing people, war 

17   means maiming people, war means families left 

18   without fathers and mothers.  All you have to do 

19   is hold your first dying soldier in your arms and 

20   have that terrible futile feeling that his life 

21   is flowing out and you can't do anything about 

22   it.  Then you understand the horror of war.  Any 

23   soldier worth his salt should be antiwar.  And 

24   still, there are things worth fighting for."  

25                There are still things worth 


                                                               3024

 1   fighting for in this chamber, in this country.  I 

 2   hope to God that this nation remains strong, that 

 3   our leadership wakes up, because there are people 

 4   around this world that will rely upon the courage 

 5   of men like that.  

 6                God bless you each and every one of 

 7   you, and God bless America.  

 8                (Standing ovation.)

 9                ACTING PRESIDENT GRIFFO:   As 

10   indicated, the resolution commemorating the 

11   70th anniversary of the D-Day invasion was 

12   adopted on May 29, 2014.  

13                We again welcome our guests.  We 

14   honor you.  We thank you.  And we will always 

15   remember.  Thank you very much.

16                Senator Libous.

17                SENATOR LIBOUS:   Mr. President, 

18   Senator Larkin would like to open this resolution 

19   up to all the members of the house.  

20                So as our policy goes, if someone is 

21   not interested, please let the desk know.

22                ACTING PRESIDENT GRIFFO:   So noted.  

23                Senator Libous.

24                SENATOR LIBOUS:   Thank you, 

25   Mr. President.  


                                                               3025

 1                We are now going to go to another 

 2   previously adopted resolution, Number 5211, by 

 3   Senator Hassell-Thompson.  If you could read the 

 4   title only and call on Senator Hassell-Thompson, 

 5   please.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Legislative 

 9   Resolution Number 5211, by Senator 

10   Hassell-Thompson, memorializing Governor Andrew 

11   M. Cuomo to proclaim June 2014 as Gun Violence 

12   Awareness Month in the State of New York.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Hassell-Thompson.

15                SENATOR HASSELL-THOMPSON:   Thank 

16   you, Mr. President.  I rise to just talk for a 

17   moment on Gun Violence Awareness Month.

18                Last year New York was the first 

19   state in the nation to designate June as Gun 

20   Violence Awareness Month.  As the tragedy in 

21   California has once again illustrated, gun 

22   violence is significantly on the rise across our 

23   nation.  It is no longer simply an issue derived 

24   from poverty versus wealth, city versus suburb, 

25   black versus white, gang versus gang -- it is 


                                                               3026

 1   about people versus people.  

 2                Gun violence touches everyone's 

 3   lives.  Look at the toddler who shot his brother.

 4                Once again this June, communities 

 5   across New York will come together to devise 

 6   programs, events, activities and working group 

 7   sessions to change the culture surrounding gun 

 8   violence.  

 9                The goals for Gun Violence Awareness 

10   Month are threefold.  One is to promote greater 

11   awareness about gun violence and foster community 

12   urgency to eradicate it.  Two is to concentrate 

13   annual heightened attention to gun violence 

14   during the month it starts to rise.  And three, 

15   to bring citizens and thoughtful leaders 

16   together, in the months leading up to and 

17   including June, to develop ways to end gun 

18   violence.  

19                We must work together to stem this 

20   senseless violence through legislation, 

21   education, and community awareness.  

22                Many of you celebrated with me two 

23   years ago a young man who was a part of the 

24   New York State championship basketball players 

25   from the City of Mount Vernon.  He this week was 


                                                               3027

 1   shot in cross-fire.  He was not the intended 

 2   victim, and yet the gun violence in our community 

 3   continues to escalate.  He is an MBA draft choice 

 4   and may lose that opportunity because of gun 

 5   violence.  For him, and for others who have lost 

 6   their lives, this is an issue that requires all 

 7   of our attention.

 8                Many of us stood together across 

 9   party lines and across ethnic lines and gender 

10   lines today to declare that violence is 

11   absolutely unnecessary and unacceptable, and that 

12   gun violence in our communities must stop.

13                Thank you, Mr. President.

14                ACTING PRESIDENT GRIFFO:   Thank 

15   you, Senator Hassell-Thompson.

16                As previously indicated, the 

17   resolution was adopted on May 29th of 2014.

18                Senator Libous.

19                SENATOR LIBOUS:   Mr. President, 

20   Senator Parker has a previously adopted 

21   resolution, Number 3646.  Could we have the title 

22   read and call on Senator Parker, please.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will read.

25                THE SECRETARY:   Legislative 


                                                               3028

 1   Resolution Number 3646, by Senator Parker, 

 2   memorializing Governor Andrew M. Cuomo to 

 3   proclaim June 2014 as Caribbean American Heritage 

 4   Month in the State of New York.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Parker.

 7                SENATOR PARKER:   Thank you, 

 8   Mr. President.  On the resolution.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Parker on the resolution.

11                SENATOR PARKER:   As many of you 

12   know, I represent the 21st District in Brooklyn, 

13   which is Flatbush and East Flatbush, Midwood, 

14   Ditmas Park, Kensington, Windsor Terrace and Park 

15   Slope.  I represent and have the proud 

16   distinction of representing the largest 

17   concentration of Caribbean immigrants in the 

18   world outside of the Caribbean.  

19                And so it's really a pleasure and an 

20   honor for me to stand before you today in being 

21   the primary sponsor of this important resolution 

22   designating June as Caribbean American Heritage 

23   Month.

24                From government officials like 

25   Congresswoman Yvette D. Clark and Secretary of 


                                                               3029

 1   State Colin Powell to entertainers like Harry 

 2   Belafonte and Sydney Poitier and to academics 

 3   like W.E.B. Du Bois and James Weldon Johnson, 

 4   Caribbean Americans have played a vital role in 

 5   shaping New York and Brooklyn from colonial times 

 6   to the present.  

 7                And quite honestly, New Yorkers know 

 8   that Caribbean American heritage is not only part 

 9   of the story of America, but it's all of our 

10   stories.  And that's why in June we celebrate the 

11   heritage and honor the contributions that 

12   Caribbean Americans have made to our community.

13                Acting at the urging of 

14   Congresswoman Barbara Lee, Congress adopted June 

15   as Caribbean American Heritage Month in 2006.  

16   The purpose was to recognize the significance of 

17   Caribbean Americans and their descendants to the 

18   history and culture of the United States.  

19   Influential Caribbean Americans include U.S. 

20   Attorney General Eric Holder, Congresswoman 

21   Shirley Chisholm, actress Cicely Tyson.  

22                There are a lot of people in 

23   New York State obviously with this heritage over 

24   time.  Some of us may even know that the first 

25   person of African descent ever elected to the 


                                                               3030

 1   State Legislature was Bertram Baker, who was from 

 2   the island of Nevis.

 3                There are lots of other folks like 

 4   Malcolm X, who we spoke about during his birthday 

 5   last month, as well as Marcus Garvey, who created 

 6   the UNIA, the United Negro Improvement 

 7   Association, really the largest organization of 

 8   people of African descent in the world.

 9                You have editor-in-chief of Essence 

10   magazine Susan Taylor, and people liked Edwidge 

11   Danticat, who actually comes from my district, 

12   who is a well-known Haitian author and someone 

13   who has written and is known in academia for her 

14   writing both in English, Creole and in French, as 

15   well as Maurice Ashley, the first 

16   African-American to win the Chess Grandmaster 

17   title, all of Caribbean descent.

18                In Brooklyn we know that June is a 

19   great time to enjoy the Caribbean food, music, 

20   literature, history and communities that help 

21   make Brooklyn special.  

22                The countries and inhabitants of the 

23   Caribbean are not merely neighbors.  It is 

24   impossible to imagine New York and particularly 

25   Brooklyn without the vibrant presence of the 


                                                               3031

 1   60,000 immigrants of Caribbean descent who are 

 2   our families, friends, and treasured partners in 

 3   the prosperous and quality of life of our 

 4   community.

 5                I note in passing, by the way, that 

 6   the importance of the Caribbean-American 

 7   immigrant in New York history is one of the many 

 8   obvious reasons for passing the DREAM Act.  And 

 9   we hope that we still have time to make that 

10   important legislation happen before the end of 

11   this legislative session.  

12                And also we need to continue to 

13   advocate on the federal level for comprehensive 

14   immigration reform so that our ties with the 

15   Caribbean, that have always been important to 

16   New York, continue to remain strong.  

17                It is time, as I said earlier this 

18   year and last year, and for all the years I've 

19   been here advocating for the passage of the 

20   DREAM Act, that we provide a path to citizenship 

21   for undocumented immigrants and give their 

22   children a path to success through education by 

23   passing immigration reform as well.  That is one 

24   of the best and most meaningful ways that I can 

25   imagine this body and this state celebrating 


                                                               3032

 1   Caribbean American Heritage Month this month.  

 2                Thank you very much, Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Thank 

 4   you, Senator Parker.

 5                As indicated, the resolution was 

 6   adopted on 2/27 of 2014.

 7                Senator Libous.

 8                SENATOR LIBOUS:   Mr. President, can 

 9   we return to motions.  I believe Senator Valesky 

10   has a motion.

11                ACTING PRESIDENT GRIFFO:   We will 

12   return to motions.  

13                Senator Valesky.

14                SENATOR VALESKY:   Thank you, 

15   Mr. President.  

16                On behalf of Senator Carlucci, on 

17   page 43 I offer the following amendments to 

18   Calendar 613, Senate Bill 6846, and ask that said 

19   bill retain its place on the Third Reading 

20   Calendar.

21                ACTING PRESIDENT GRIFFO:   The 

22   amendments are received, and the bill shall 

23   retain its place on third reading.

24                Senator Libous.

25                SENATOR LIBOUS:   Mr. President, I 


                                                               3033

 1   too have a motion.  

 2                On behalf of Senator Farley, on 

 3   page 69 I offer the following amendments to 

 4   Calendar Number 909, Senate Print 2933A, and ask 

 5   that said bill retain its place on the Third 

 6   Reading Calendar.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   amendments are received, and the bill shall 

 9   retain its place on third reading.

10                Senator Libous.

11                SENATOR LIBOUS:   And at this time, 

12   Mr. President, if we could have the reading of 

13   the noncontroversial calendar, please.

14                ACTING PRESIDENT GRIFFO:   The 

15   Secretary will read.

16                THE SECRETARY:   Calendar Number 42, 

17   by Senator Maziarz, Senate Print 4673A, an act 

18   relating to authorizing.

19                ACTING PRESIDENT GRIFFO:   There is 

20   a home-rule message at the desk.

21                The Secretary will read the last 

22   section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3034

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 59.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   106, by Senator DeFrancisco, Senate Print 1216 --

 8                SENATOR LIBOUS:   Lay the bill aside 

 9   for the day.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is laid aside for the day.

12                THE SECRETARY:   Calendar Number 

13   420, by Senator Díaz, Senate Print 6364, an act 

14   to amend the Executive Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 57.  Nays, 2.  

23   Senators O'Mara and Seward recorded in the 

24   negative.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3035

 1   is passed.

 2                THE SECRETARY:   Also Senator 

 3   DeFrancisco.  Ayes, 57 --

 4                ACTING PRESIDENT GRIFFO:   Announce 

 5   the results.

 6                THE SECRETARY:   Ayes, 56.  Nays, 3.  

 7   Senators DeFrancisco, Griffo and Seward recorded 

 8   in the negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   444, by Senator Latimer, Senate Print 5994, an 

13   act to authorize.

14                ACTING PRESIDENT GRIFFO:   There is 

15   a home-rule message at the desk.

16                The Secretary will read the last 

17   section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 59.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3036

 1                THE SECRETARY:   Calendar Number 

 2   445, by Senator Klein, Senate Print 6579A, an act 

 3   to amend the Local Finance Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                SENATOR SERRANO:   Lay the bill 

 7   aside.

 8                ACTING PRESIDENT GRIFFO:   Lay the 

 9   bill aside.

10                THE SECRETARY:   Calendar Number 

11   448, by Senator Griffo, Senate Print 6720, an act 

12   authorizing.

13                ACTING PRESIDENT GRIFFO:   There is 

14   a home-rule message at the desk.

15                Read the last section.

16                THE SECRETARY:   Section 7.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   516, substituted earlier by Member of the 

25   Assembly Gantt, Assembly Print Number 7844B, an 


                                                               3037

 1   act to amend the Vehicle and Traffic Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 59.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                Senator Hoylman to explain your 

13   vote?  I'm sorry.

14                SENATOR HOYLMAN:   Thank you, 

15   Mr. President.

16                I just wanted to state that I'll 

17   actually be voting against this bill, for the 

18   reason that it carves out one car company, Tesla, 

19   which we've all heard about, which has an 

20   admirable product but a starting price of $70,000 

21   an automobile.  

22                And the question that I have is, 

23   what about future Teslas?  What about future 

24   companies that want to innovate, create consumer 

25   choice, bring new products to market?  


                                                               3038

 1                This deal was done behind closed 

 2   doors, not with any public scrutiny or public 

 3   hearings, so I'll be voting against it.

 4                Thank you.  

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Hoylman to be recorded in the negative.

 7                Re-announce the results.

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

 9   Senator Hoylman recorded in the negative.

10                ACTING PRESIDENT GRIFFO:   And the 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   517, by Senator Zeldin, Senate Print 6821, an act 

14   to amend the Vehicle and Traffic Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the first of November.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 59.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3039

 1   590, by Senator Zeldin, Senate Print 3931, an act 

 2   to amend the Real Property Tax Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect on the first of January.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 59.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   592, by Senator Zeldin, Senate Print 5735A, an 

15   act to amend the Executive Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 59.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3040

 1                THE SECRETARY:   Calendar Number 

 2   594, by Senator Carlucci, Senate Print 6781, an 

 3   act to amend the Real Property Tax Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 59.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   622, by Senator Young, Senate Print 5855B, an act 

16   to amend the Environmental Conservation Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 57.  Nays, 2.  

25   Senators Hoylman and Serrano recorded in the 


                                                               3041

 1   negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   637, by Senator Zeldin, Senate Print 7159A, an 

 6   act to amend the Environmental Conservation Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   642, by Senator Libous, Senate Print 970A, an act 

19   to amend the Vehicle and Traffic Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the 90th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3042

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 59.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   655, by Senator Griffo, Senate Print 3554, an act 

 7   to amend the Vehicle and Traffic Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 59.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   658, by Senator Ritchie, Senate Print 4198, an 

20   act to amend the Vehicle and Traffic Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the 120th day.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3043

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 59.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   662, by Senator Nozzolio, Senate Print 7122, an 

 8   act to amend the Vehicle and Traffic Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the first of April.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   698, by Senator Stewart-Cousins, Senate Print 

21   6738A, an act to amend Chapter 566 of the Laws of 

22   1967.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 7.  This 


                                                               3044

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   706, by Senator Klein, Senate Print 5684A, an act 

10   to amend the Administrative Code of the City of 

11   New York.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

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

20   Senator Zeldin recorded in the negative.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   714, by Senator Griffo, Senate Print 1963, an act 

25   to amend the Education Law.


                                                               3045

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect on the first of July.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 59.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   717, by Senator Golden, Senate Print 2095A, an 

13   act to establish.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 8.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   723, by Senator Nozzolio, Senate Print 3869, an 


                                                               3046

 1   act establishing.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 59.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   735, by Senator Marcellino, Senate Print 1526, an 

14   act to amend the Real Property Tax Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 59.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3047

 1   748, by Senator Flanagan, Senate Print 1455, an 

 2   act to amend the Penal Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 90th day.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Sanders to explain his vote.

12                SENATOR SANDERS:   Thank you, 

13   Mr. President.

14                I rise because this is a very worthy 

15   goal and a goal that I usually support; however, 

16   it did not spell out what would happen if the 

17   defendant was indigent.  And it could lead to 

18   America reconstituting a type of poorhouse.  

19                I look forward to that being spelled 

20   out more so that if a person simply does not have 

21   the money to pay, some other way of working out 

22   their sentence could be found.  

23                Thank you very much.  I vote no.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Sanders to be recorded in the negative.


                                                               3048

 1                Announce the results.

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

 3   Senator Sanders recorded in the negative.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   789, by Senator Savino, Senate Print 5162C, an 

 8   act to amend the Retirement and Social Security 

 9   Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   On page 58, Senator 

21   Savino moves to discharge, from the Committee on 

22   Civil Service and Pensions, Assembly Bill Number 

23   9367 and substitute it for the identical Senate 

24   Bill 6998, Third Reading Calendar 798.

25                ACTING PRESIDENT GRIFFO:    


                                                               3049

 1   Substitution so ordered.

 2                The Secretary will read.

 3                THE SECRETARY:   Calendar Number 

 4   798, by Member of the Assembly Abbate, Assembly 

 5   Print 9367, an act to amend the Civil Service 

 6   Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   808, by Senator Flanagan, Senate Print 5363, an 

19   act to amend the Environmental Conservation Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3050

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 56.  Nays, 3.  

 3   Senators Avella, Hoylman and Squadron recorded in 

 4   the negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   812, by Senator LaValle, Senate Print 6768A, an 

 9   act authorizing.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   On page 60, Senator 

21   Grisanti moves to discharge, from the Committee 

22   on Environmental Conservation, Assembly Bill 

23   Number 9430 and substitute it for the identical 

24   Senate Bill Number 7216, Third Reading Calendar 

25   813.


                                                               3051

 1                ACTING PRESIDENT GRIFFO:   The 

 2   substitution is so ordered.

 3                The Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   813, by Member of the Assembly Schimel, Assembly 

 6   Print 9430, an act to amend the Environmental 

 7   Conservation Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 59.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   816, by Senator Marcellino, Senate Print 1511A, 

20   an act to amend the Vehicle and Traffic Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the 60th day.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3052

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 59.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   820, by Senator Flanagan, Senate Print 3726, an 

 8   act to amend the Highway Law.

 9                ACTING PRESIDENT GRIFFO:   There is 

10   a home-rule message at the desk.

11                The Secretary will read the last 

12   section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 59.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   821, by Senator Flanagan, Senate Print 3727, an 

23   act to amend the Highway Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3053

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   830, substituted earlier by Member of the 

11   Assembly Millman, Assembly Print 8871, an act to 

12   amend the Elder Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 59.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   831, by Senator Marcellino, Senate Print 1484B, 

25   an act to amend the Agriculture and Markets Law.


                                                               3054

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the first of November.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

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

 9   Senator Montgomery recorded in the negative.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   833, by Senator Robach, Senate Print 1978, an act 

14   to amend the Education Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 59.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3055

 1   834, by Senator Griffo, Senate Print 2090A, an 

 2   act to amend the Tax Law.

 3                SENATOR LIBOUS:   Lay it aside for 

 4   the day, please.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is laid aside for the day.

 7                THE SECRETARY:   Calendar Number 

 8   835, by Senator Griffo, Senate Print 2233A, an 

 9   act to amend the State Technology Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 5.  This 

13   act shall take effect on the 120th day.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   839, by Senator Griffo, Senate Print 3558D, an 

22   act to amend the Education Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3056

 1   act shall take effect July 1, 2015.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   841, by Senator LaValle, Senate Print 3651A, an 

10   act to amend the Tax Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 59.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   842, by Senator Lanza, Senate Print --

23                SENATOR LIBOUS:   Lay it aside for 

24   the day.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3057

 1   is laid aside for the day.

 2                THE SECRETARY:   Calendar Number 

 3   844, by Senator Young, Senate Print 4331, an act 

 4   to amend the Agriculture and Markets Law.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Secretary will read the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 59.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   878, by Senator Carlucci, Senate Print 1998, an 

17   act to amend the Real Property Tax Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 57.  Nays, 2.  


                                                               3058

 1   Senators DeFrancisco and Ranzenhofer recorded in 

 2   the negative.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   893, by Senator Peralta, Senate Print 129, an act 

 7   to amend the Penal Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 8.  This 

11   act shall take effect on the first of November.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 59.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   928, by Senator Maziarz, Senate Print 1051, an 

20   act to amend the Education Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3059

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 59.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   930, by Senator Ranzenhofer, Senate Print 1435, 

 8   an act to amend the Real Property Tax Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   940, by Senator Seward, Senate Print 3572A, an 

21   act to amend the Tax Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect September 1, 2014.


                                                               3060

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   953, by Senator Marchione, Senate Print 6160, an 

 9   act to amend the Military Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 4.  This 

13   act shall take effect on the 120th day.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Marchione to explain her vote.

19                SENATOR MARCHIONE:   Thank you, 

20   Mr. President.

21                I just wanted to talk about the 

22   issuance of a Korean War Service Medal.  You 

23   know, those folks who fought in that war between 

24   1950 and 1953 are sometimes known as "The 

25   Forgotten War."  And we don't want our veterans 


                                                               3061

 1   to ever feel that way.  

 2                We talked about it today with our 

 3   World War II veterans being the Greatest 

 4   Generation.  We need to make sure that our Korean 

 5   War veterans feel that they were not forgotten, 

 6   and I think that a medal specifically for them 

 7   will go a long way.

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT GRIFFO:   Thank 

10   you.  Senator Marchione to be recorded in the 

11   affirmative.

12                Announce the results.

13                THE SECRETARY:   Ayes, 59.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   954, by Senator Marchione, Senate Print 6161, an 

18   act to amend the Military Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect on the 120th day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3062

 1                THE SECRETARY:   Ayes, 59.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1008, by Senator Lanza, Senate Print 4136A, an 

 6   act to amend the Real Property Tax Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1010, by Senator Gallivan, Senate Print 6429, an 

19   act to amend the Real Property Tax Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3063

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 59.  

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1014, by Senator Skelos, Senate Print 7617A, an 

 7   act to amend the Parks, Recreation and Historic 

 8   Preservation Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                Senator Libous, that completes the 

20   noncontroversial reading of today's calendar.

21                Senator Valesky, why do you rise?

22                SENATOR VALESKY:   Mr. President, 

23   would you please lay Calendar Number 445 aside 

24   for the day.

25                ACTING PRESIDENT GRIFFO:   We will 


                                                               3064

 1   to return to Calendar Number 445, by 

 2   Senator Klein, and the bill will be laid aside 

 3   for the day.

 4                SENATOR VALESKY:   Thank you.

 5                ACTING PRESIDENT GRIFFO:   Thank 

 6   you, Senator Valesky.

 7                Senator Libous.

 8                SENATOR LIBOUS:   Is there any 

 9   further business at the desk, Mr. President?  

10                ACTING PRESIDENT GRIFFO:   There is 

11   no further business before the desk.

12                SENATOR LIBOUS:   There being no 

13   further business, Mr. President, I move that the 

14   Senate adjourn until Tuesday, June 3rd, at 

15   10:00 a.m.

16                ACTING PRESIDENT GRIFFO:   On 

17   motion, the Senate stands adjourned until 

18   Tuesday, June 3rd, at 10:00 a.m.  

19                Senate adjourned.

20                (Whereupon, at 4:42 p.m., the Senate 

21   adjourned.)

22

23

24

25