Regular Session - June 10, 2014

                                                                   3364

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 10, 2014

11                     11:34 a.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  


                                                               3365

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

 2                ACTING PRESIDENT MARCELLINO:   The 

 3   Senate will come to order, now that the right 

 4   person has applauded.

 5                (Laughter.)

 6                ACTING PRESIDENT MARCELLINO:   I 

 7   ask everyone present to please rise and repeat 

 8   with me the Pledge of Allegiance to our nation.

 9                (Whereupon, the assemblage recited 

10   the Pledge of Allegiance to the Flag.)

11                ACTING PRESIDENT MARCELLINO:   In 

12   the absence of clergy, can we bow our heads in a 

13   moment of silence.

14                (Whereupon, the assemblage 

15   respected a moment of silence.)

16                ACTING PRESIDENT MARCELLINO:   The 

17   reading of the Journal.

18                THE SECRETARY:   In Senate, Monday, 

19   June 9th, the Senate met pursuant to 

20   adjournment.  The Journal of Sunday, June 8th, 

21   was read and approved.  On motion, Senate 

22   adjourned.

23                ACTING PRESIDENT MARCELLINO:    

24   Without objection, the Journal stands approved 

25   as read.


                                                               3366

 1                Presentation of petitions.

 2                Messages from the Assembly.

 3                The Secretary will read.

 4                THE SECRETARY:   On page 17, Senator 

 5   Klein moves to discharge, from the Committee on 

 6   Investigations and Government Operations, 

 7   Assembly Bill Number 8679 and substitute it for 

 8   the identical Senate Bill Number 2321A, Third 

 9   Reading Calendar 300.

10                On page 19, Senator Griffo moves to 

11   discharge, from the Committee on Banks, Assembly 

12   Bill Number 9057 and substitute it for the 

13   identical Senate Bill Number 6735, Third Reading 

14   Calendar 366.

15                On page 32, Senator Valesky moves to 

16   discharge, from the Committee on Corporations, 

17   Authorities and Commissions, Assembly Bill Number 

18   8819 and substitute it for the identical Senate 

19   Bill Number 6731, Third Reading Calendar 608.

20                On page 35, Senator Bonacic moves to 

21   discharge, from the Committee on Judiciary, 

22   Assembly Bill Number 9757 and substitute it for 

23   the identical Senate Bill Number 7244, Third 

24   Reading Calendar 668.

25                On page 39, Senator Hannon moves to 


                                                               3367

 1   discharge, from the Committee on Higher 

 2   Education, Assembly Bill Number 9124A and 

 3   substitute it for the identical Senate Bill 

 4   Number 6871, Third Reading Calendar 703.

 5                On page 40, Senator DeFrancisco 

 6   moves to discharge, from the Committee on 

 7   Finance, Assembly Bill Number 9344 and substitute 

 8   it for the identical Senate Bill Number 7072, 

 9   Third Reading Calendar 731.

10                On page 41, Senator Golden moves to 

11   discharge, from the Committee on Local 

12   Government, Assembly Bill Number 9241A and 

13   substitute it for the identical Senate Bill 

14   Number 6931A, Third Reading Calendar 742.

15                On page 47, Senator Maziarz moves to 

16   discharge, from the Committee on Transportation, 

17   Assembly Bill Number 9518 and substitute it for 

18   the identical Senate Bill Number 7223, Third 

19   Reading Calendar 828.

20                On page 52, Senator Lanza moves to 

21   discharge, from the Committee on Local 

22   Government, Assembly Bill Number 8862 and 

23   substitute it for the identical Senate Bill 

24   Number 6656, Third Reading Calendar 888.

25                On page 54, Senator Maziarz moves to 


                                                               3368

 1   discharge, from the Committee on Energy and 

 2   Telecommunications, Assembly Bill Number 6367 and 

 3   substitute it for the identical Senate Bill 

 4   Number 2383, Third Reading Calendar 918.

 5                On page 62, Senator Gallivan moves 

 6   to discharge, from the Committee on Children and 

 7   Families, Assembly Bill Number 9225B and 

 8   substitute it for the identical Senate Bill 

 9   Number 6926A, Third Reading Calendar 1004.

10                On page 63, Senator Klein moves to 

11   discharge, from the Committee on Cultural 

12   Affairs, Tourism, and Parks and Recreation, 

13   Assembly Bill Number 9387B and substitute it for 

14   the identical Senate Bill Number 7313, Third 

15   Reading Calendar 1019.

16                On page 69, Senator Ritchie moves to 

17   discharge, from the Committee on Finance, 

18   Assembly Bill Number 7706 and substitute it for 

19   the identical Senate Bill Number 5482, Third 

20   Reading Calendar 1076.

21                On page 70, Senator Espaillat moves 

22   to discharge, from the Committee on Cultural 

23   Affairs, Tourism, and Parks and Recreation, 

24   Assembly Bill Number 5625A and substitute it for 

25   the identical Senate Bill Number 7605, 


                                                               3369

 1   Third Reading Calendar 1090.

 2                On page 73, Senator Klein moves to 

 3   discharge, from the Committee on Judiciary, 

 4   Assembly Bill Number 9354 and substitute it for 

 5   the identical Senate Bill Number 7119, Third 

 6   Reading Calendar 1125.

 7                On page 77, Senator DeFrancisco 

 8   moves to discharge, from the Committee on 

 9   Finance, Assembly Bill Number 9394 and substitute 

10   it for the identical Senate Bill Number 7208, 

11   Third Reading Calendar 1220.

12                On page 78, Senator Valesky moves to 

13   discharge, from the Committee on Agriculture, 

14   Assembly Bill Number 9215 and substitute it for 

15   the identical Senate Bill Number 7433, 

16   Third Reading Calendar 1222.

17                And on page 78, Senator Larkin moves 

18   to discharge, from the Committee on Judiciary, 

19   Assembly Bill Number 8479 and substitute it for 

20   the identical Senate Bill Number 7760, 

21   Third Reading Calendar 1225.

22                ACTING PRESIDENT MARCELLINO:   The 

23   substitutions are ordered.

24                Messages from the Governor.

25                Reports of standing committees.


                                                               3370

 1                Reports of select committees.

 2                Communications and reports from 

 3   state officers.

 4                Motions and resolutions.

 5                Senator Libous.  

 6                SENATOR LIBOUS:   Mr. President, I 

 7   believe Senator Gianaris has a motion that he'd 

 8   like to comment on.

 9                ACTING PRESIDENT MARCELLINO:    

10   Senator Gianaris.

11                SENATOR GIANARIS:   Thank you, 

12   Mr. President.  

13                On behalf of Senator Espaillat, 

14   please place a sponsor star on Calendar Numbers 

15   1090 and 1196.

16                ACTING PRESIDENT MARCELLINO:   So 

17   ordered.

18                Senator Libous.

19                SENATOR LIBOUS:   Thank you, 

20   Mr. President.  

21                On behalf of Senator Seward, on 

22   page 24 I offer the following amendments to 

23   Calendar Number 490, Senate Print 3539, and I ask 

24   that said bill retain its place on the 

25   Third Reading Calendar.


                                                               3371

 1                ACTING PRESIDENT MARCELLINO:   So 

 2   ordered.

 3                SENATOR LIBOUS:   On behalf of 

 4   Senator LaValle, Mr. President, on page 33 I 

 5   offer the following amendments to Calendar Number 

 6   624, Senate Print 6630, and ask that said bill 

 7   retain its place on the Third Reading Calendar.

 8                ACTING PRESIDENT MARCELLINO:   So 

 9   ordered.

10                SENATOR LIBOUS:   Mr. President, on 

11   behalf of Senator Maziarz, on page 55 I offer the 

12   following amendments to Calendar Number 925, 

13   Senate Print 7430, and ask that said bill retain 

14   its place on the Third Reading Calendar.

15                ACTING PRESIDENT MARCELLINO:   So 

16   ordered.

17                SENATOR LIBOUS:   And on behalf of 

18   Senator Marchione, on page 58 I offer the 

19   following amendments to Calendar Number 973, 

20   Senate Print 6764, and ask that said bill retain 

21   its place on the Third Reading Calendar.

22                ACTING PRESIDENT MARCELLINO:   So 

23   ordered.

24                SENATOR LIBOUS:   Mr. President, if 

25   you'd just give me a second here, we'll regroup 


                                                               3372

 1   to see where we want to go next.

 2                ACTING PRESIDENT MARCELLINO:    

 3   You're on the clock, sir.

 4                SENATOR LIBOUS:   Mr. President.

 5                ACTING PRESIDENT MARCELLINO:   

 6   Senator Libous.

 7                SENATOR LIBOUS:   I believe there's 

 8   a resolution at the desk by Senator O'Mara, 

 9   Number 5723.  Could we have it read in its 

10   entirety and call on the good Senator for 

11   comments.

12                ACTING PRESIDENT MARCELLINO:   The 

13   Secretary will read.

14                THE SECRETARY:   Legislative 

15   Resolution Number 5723, by Senator O'Mara, 

16   congratulating Sriram Hathwar upon the occasion 

17   of being crowned Co-Champion of the 2014 Scripps 

18   National Spelling Bee Championship on May 29, 

19   2014.  

20                "WHEREAS, It is the intent of this 

21   Legislative Body to commend and pay tribute to 

22   those young people who, by achieving outstanding 

23   success in educational competition, have  

24   inspired and brought pride to our majestic 

25   Empire State; and 


                                                               3373

 1                "WHEREAS, Attendant to such concern,  

 2   and in full accord with its long-standing 

 3   traditions, this Legislative Body is justly proud  

 4   to congratulate Sriram Hathwar upon the occasion 

 5   of being named Co-Champion of the 2014 Scripps 

 6   National Spelling Bee Championship on Thursday, 

 7   May 29, 2014, in National Harbor, Maryland; and 

 8                "WHEREAS, Sriram Hathwar, a 

 9   14-year-old from Painted Post, New  York, is an 

10   eighth-grade student at the Alternative School 

11   for Math and Science in Corning, New York; 

12   sponsored by the Corning Rotary Club, he is the 

13   son of Jagadeesh and Roopa Hathwar; and 

14                "WHEREAS, This year was Sriram 

15   Hathwar's fifth trip to the Scripps National 

16   Spelling Bee, and he was favored to win; he is 

17   the first Spelling Bee Champion from Upstate 

18   New York since 1976; and 

19                "WHEREAS, The 2014 Scripps National 

20   Spelling Bee was broadcast nationwide on ESPN, 

21   and welcomed 281 spellers from around the world; 

22   the spellers ranged in age from 8 to 14 years 

23   old, and were all vying for the esteemed title of 

24   Champion; and 

25                "WHEREAS, This astute young scholar 


                                                               3374

 1   assured himself at least a second-place finish by 

 2   correctly spelling 'characin,' a family of small 

 3   brightly colored fish; and 

 4                "WHEREAS, Sriram Hathwar forged 

 5   ahead with a correct spelling of 'skandhas' 

 6   followed by 'feijoada'; with only four words  

 7   remaining, he correctly spelled 'stichomythia,' 

 8   assuring himself at least a co-championship; the 

 9   two students were declared co-champions after  

10   Bee officials ran out of words to keep the duel 

11   going; and 

12                "WHEREAS, Sriram Hathwar, in 

13   achieving this high honor, may take just pride in 

14   the inspiration and contribution to the spirit of 

15   excellence he brings to his family, friends, 

16   school and region; and 

17                "WHEREAS, Educational competitions 

18   which serve to better prepare our students for 

19   their future participation in the marketplace of 

20   ideas are worthy of praise and support; and 

21                "WHEREAS, Poised with enthusiasm and 

22   determined purpose, this scholar now stands 

23   honorably, in eager anticipation of future 

24   challenges, understanding and appreciating the 

25   caring counsel and support provided by his 


                                                               3375

 1   teachers and parents; now, therefore, be it 

 2                "RESOLVED, That this Legislative 

 3   Body pause in its deliberations to congratulate  

 4   Sriram Hathwar upon the occasion of being crowned 

 5   Co-Champion of the 2014 Scripps National Spelling 

 6   Bee Championship on May 29, 2014; and be it 

 7   further 

 8                "RESOLVED, That a copy of this 

 9   resolution, suitably engrossed, be transmitted to 

10   Sriram Hathwar."

11                ACTING PRESIDENT MARCELLINO:   It's 

12   my pleasure to call on Senator O'Mara, a man who 

13   never runs out of words.

14                (Laughter.)

15                SENATOR O'MARA:   I'm not so sure 

16   about that, Mr. President, but thank you.  

17                And I thank the Secretary for 

18   pronouncing those words correctly, I think.  I 

19   don't know that any of us would be able to spell 

20   those words.  

21                But we have the Hathwar family here 

22   with us today from my district:  Sriram, who is 

23   there in the suit and tie, our National Spelling 

24   Bee co-champion; Jairam, his brother; 

25   Bhageerathi, his grandmother; and his parents, 


                                                               3376

 1   Roopa and Jagadeesh.  

 2                Thank you all for being here with us 

 3   today.  It's an honor to have you.  And thank you 

 4   for representing us so well in the National 

 5   Spelling Bee contest.  

 6                As was said in the resolution, there 

 7   was co-champions this year, for the first time in 

 8   the 87-year history of the National Spelling Bee 

 9   championship.  And there was co-champions because 

10   our winner here, Sriram, and his co-champion 

11   exhausted the words in the list from the 

12   competition.  So they ran out of words for them 

13   to do, so they crowned them co-champions.  Which 

14   was great.  

15                However, the contest kind of went 

16   into extra innings when they appeared on Jimmy 

17   Kimmel this past week.  And I would suggest you 

18   look up "YouTube Jimmy Kimmel spelling bee 

19   contest."  And they had the co-champions on with 

20   a spelling contest with Jimmy Kimmel.  Sriram was 

21   the only one that got the word correct.  

22                However, it was not really a fair 

23   competition, because the person asking the words 

24   was dressed in a bee outfit and speaking in a 

25   very cheesy Mexican accent, I believe, trying to 


                                                               3377

 1   mispronounce the words.  But Sriram actually got 

 2   the word right, "juggernaut," that was not being 

 3   pronounced at all the way it's supposed to be.

 4                But it's just an honor to have you 

 5   here, and from Painted Post, New York.  And I 

 6   learned this morning that Sriram was in a 

 7   preschool class with my son Thomas at the 

 8   Chemung Valley Montessori School.  Thomas has not 

 9   gone on to any spelling bee championships, 

10   although he did quite well at a spelling bee 

11   contest at St. Mary Our Mother School throughout 

12   his elementary school years, winning in the 

13   school one year.

14                But, Sriram, congratulations.  Thank 

15   you for representing us and making us proud to 

16   have you here in the State of New York.  We 

17   welcome you here today, and please enjoy your 

18   stay in the Capitol.

19                (Applause.)

20                ACTING PRESIDENT MARCELLINO:   The 

21   question is on the resolution.  All in favor 

22   signify by saying aye.  

23                (Response of "Aye.")

24                ACTING PRESIDENT MARCELLINO:   

25   Opposed, nay.


                                                               3378

 1                (No response.)

 2                ACTING PRESIDENT MARCELLINO:    The 

 3   resolution is adopted.  

 4                Congratulations, Sriram.  To your 

 5   whole family, enjoy.  And keep on studying.  Keep 

 6   on studying.  God bless.

 7                Senator Libous.

 8                SENATOR LIBOUS:   Mr. President, 

 9   could we take up Senate Resolution -- it's a 

10   privileged resolution on former Senator Roy 

11   Goodman, please.  I don't have a number on the 

12   form.

13                ACTING PRESIDENT MARCELLINO:   It's 

14   a privileged resolution, Senator, there is no 

15   number.

16                The Secretary will read the 

17   privileged resolution.

18                THE SECRETARY:   Legislative 

19   Resolution by Senators Skelos, Klein, 

20   Stewart-Cousins, Golden, Lanza and Krueger, 

21   paying tribute to the distinguished life and 

22   accomplishments of the Honorable Roy M. Goodman, 

23   former New York State Senator.  

24                "WHEREAS, It is fitting and proper 

25   that this Legislative Body recognize and pay 


                                                               3379

 1   tribute to the life and accomplishments of a 

 2   distinguished former colleague, New York State 

 3   Senator Roy Matz Goodman, whose career, purpose, 

 4   and commitment remain a great example of what a 

 5   noble calling public service should be; and 

 6                "WHEREAS, With sorrow and regret, 

 7   this Legislative Body mourns the passing of 

 8   Roy M. Goodman on June 3, 2014, and pauses to 

 9   note significant accomplishments of his 

10   meritorious life; and 

11                "WHEREAS, Roy Goodman was a 'larger 

12   than life' figure during his three decades as a 

13   Senator representing the 26th Senate District on 

14   the East Side of Manhattan, from which position 

15   he served as effective conduit to Albany state 

16   governmental leadership for several generations 

17   of Republican and Democratic mayors of New York 

18   City, was primary author of important changes in 

19   the New York City Charter, sponsor of over 1,200 

20   laws designed to improve the lives of all 

21   residents of this great state, and was a public 

22   official committed to defining and solving 

23   problems as chair of the Investigations, 

24   Taxation, and Government Operations Committee of 

25   the Senate; and 


                                                               3380

 1                "WHEREAS, In 1955, he married the 

 2   late Barbara Furrer, and they had three children, 

 3   his daughters Claire Goodman Pellegrini Cloud and 

 4   Leslie Goodman, and his son Randolph, all of whom 

 5   survive him, along with six grandchildren; and 

 6                "WHEREAS, Roy Goodman was a leader 

 7   of the moderate wing of the Republican Party in 

 8   the state, a fiscal conservative with a social 

 9   conscience who championed tax cuts and waged a 

10   war on government waste, while insisting on 

11   keeping the social services safety net intact; 

12   and 

13                "WHEREAS, One of the great loves of 

14   his life was the arts, which he viewed as 

15   important for the development of the mind, soul, 

16   and humanity of people, and he was able to bring 

17   state resources to bear in support of expansions 

18   of the arts as chairman of the Senate Special 

19   Committee on the Arts and Cultural Affairs and 

20   the leading legislative advocate of the arts in 

21   New York State, and a member of the National 

22   Endowment for the Arts Council, for which he was 

23   named Ambassador for the Arts by the National 

24   Endowment for the Arts 'in recognition of his 

25   unwavering support of the arts and cultural 


                                                               3381

 1   affairs,' and as a commissioner of the National  

 2   Commission of Fine Arts, by appointment of 

 3   President Ronald Reagan; the first President 

 4   George Bush later named him to the National 

 5   Council on the Arts; and 

 6                "WHEREAS, Roy Goodman was a Fellow  

 7   for Life of the Metropolitan Museum of Art; a 

 8   patron of the Metropolitan Opera; patron of the  

 9   New York Philharmonic Society; and president of  

10   the Goodman Family Foundation, a philanthropic 

11   trust; a member of the Council on Foreign 

12   Relations, and recipient of an honorary Doctorate 

13   of Humane Letters from Pratt Institute, and he 

14   received honorary awards from The Kennedy Center 

15   for Distinguished Government Leadership in Arts 

16   in Education; Carnegie Hall; the National Arts 

17   Club; the City University of New York; 

18   Brotherhood-in-Action; the Junior Chamber of 

19   Commerce; the Society for the Prevention of 

20   Cruelty to Children; Odyssey House; the Ripon 

21   Society; the UJA-Federation of New York; the 

22   Hebrew University of Jerusalem; the Columbia 

23   Association for Promoting Well-Being of Police 

24   Officers; Our Town; the Statesman Father of the 

25   Year Award of the National Father's Day  


                                                               3382

 1   Committee; Lenox Hill Neighborhood Association; 

 2   the New York City Police Foundation; the Fire 

 3   Safety Foundation; Playwrights Horizon; Catholic 

 4   Interracial Council; Stanley Isaacs Association;  

 5   New York Benevolence Council; Artists  

 6   Fellowship; South Street Seaport; Town Hall; the 

 7   New York Foundling Hospital; Family Planning 

 8   Advocates of New York; New York State Division of 

 9   Human Rights; New York State Humane Society;  

10   Kennedy School of Government; and the U.S. 

11   Treasury Department for Patriotic Service; and 

12                "WHEREAS, As a member of the 

13   then-dominant moderate-to-liberal wing of the 

14   Republican Party that centered around former 

15   New York State Governor Nelson Rockefeller, U.S. 

16   Senator Jacob Javits, and former New York City 

17   Mayor John Lindsay, his talent and abilities were 

18   such that he was perennially considered as a 

19   likely candidate for Mayor of New York City, for 

20   United States Senator, for a post as a cabinet  

21   officer, and for New York State Comptroller; and 

22                "WHEREAS, Roy Goodman grew up on the 

23   Upper East Side of Manhattan, graduated with 

24   honors from Harvard College in 1951, and received  

25   a Master's Degree with Distinction from the 


                                                               3383

 1   Harvard Graduate School of Business 

 2   Administration in 1953, and he then served as an 

 3   officer in the Navy, and, in the early 1960s, 

 4   after a brief career in investment banking, 

 5   joined the family business, becoming president of 

 6   Ex-Lax, Inc., at age 32, tripling its value in a 

 7   short time and selling it for tens of millions of 

 8   dollars; and 

 9                "WHEREAS, He was hooked by one of 

10   the great loves of his life, the love of public 

11   service, working first on the 1965 John Lindsay 

12   mayoral campaign and then becoming Finance 

13   Commissioner and Treasurer of the City of 

14   New York and served in the Mayor's Super Cabinet 

15   in Mr. Lindsay's first term, positions he held 

16   with distinction until 1968, when he left 

17   City Hall to run for a vacant State Senate seat, 

18   which he won; and 

19                "WHEREAS, From 1972 through 1975, he 

20   served as chairman of the New York State Charter 

21   Revision Commission for New York City, which 

22   significantly revised city government structure, 

23   in a task accounted by most people as impossible, 

24   as most of the panel's members were Democrats, 

25   who viewed him warily and fought among 


                                                               3384

 1   themselves, even as then-Mayor Abraham D. Beame 

 2   opposed the commission at every turn, and yet 

 3   Roy Goodman was able to bring the group into 

 4   agreement behind a set of recommendations adopted 

 5   by city voters in 1975, at the height of the 

 6   New York City fiscal crisis, with changes that 

 7   greatly expanded the power of community boards, 

 8   required balanced budgets and public disclosure 

 9   of labor contracts, loosened mayoral control of 

10   spending and gave the city comptroller broad 

11   power to audit agencies; and 

12                "WHEREAS, Roy Goodman ran for mayor 

13   of New York City in 1977, ultimately losing to 

14   Mario Cuomo and the mayoral winner, Edward I. 

15   Koch, with both of whom he became friends and the 

16   Albany go-between; and 

17                "WHEREAS, As chairman of the 

18   Committee on Investigations, he conducted 

19   investigations and inquiries that resulted in 

20   many changes in law and rules, including medical 

21   precautions at boxing matches and controls on 

22   investments by public authorities; Roy Goodman  

23   also identified emerging issues and took on very 

24   tough battles, including convincing Albany 

25   leaders in 1984 to establish the first in the  


                                                               3385

 1   nation AIDS Institute to combat the emerging and 

 2   still mysterious at the time AIDS crisis; he also 

 3   was the first legislator to expose the scourge  

 4   of crack cocaine in the mid-1980s; Roy Goodman's 

 5   Investigations Committee also issued a scathing 

 6   report detailing the breakdown in the city's 

 7   mechanism to build schools, which resulted in the 

 8   creation of a new School Construction Authority 

 9   to take over the task of school construction; and 

10                "WHEREAS, Senator Goodman's major 

11   initiatives included sponsorship of legislation 

12   to increase police patrols and toughen gun and 

13   ammunition controls; provide tax fairness for the  

14   owners of co-ops and condos; expand women's 

15   rights to choose and increase protections against 

16   domestic violence; cut the state income and 

17   corporate taxes; provide better housing and 

18   tenant protection; protect children against 

19   abuse; combat discrimination; and spearhead 

20   City Hall efforts to increase state aid for 

21   New York City; and 

22                "WHEREAS, In 1981, Roy Goodman 

23   became the Republican Party chairman of 

24   Manhattan, a post he held for two decades, 

25   hosting Republicans from around the country at 


                                                               3386

 1   party dinners and events; Roy Goodman built the 

 2   New York County Republican Party into a 

 3   powerhouse organization which provided, as he put 

 4   it many times, the 'high octane fuel' which led 

 5   to the elections of Assemblyman John Ravitz and  

 6   Councilmembers Charles Millard and Andrew 

 7   Eristoff on Manhattan's East Side, who, along 

 8   with Congressman Bill Green and Senator Goodman, 

 9   formed the nucleus for years of moderate 

10   Republican leadership in government; and 

11                "WHEREAS, After leaving the Senate, 

12   Mayor Michael R. Bloomberg and Governor George E. 

13   Pataki appointed Senator Goodman president of the 

14   United Nations Development Corporation, an agency 

15   charged with building new offices for the 

16   United Nations and a park along the East River; 

17   and 

18                "WHEREAS, Roy Goodman's commitment 

19   to public service extended to his friendship and 

20   mentoring of numerous individuals who served with 

21   him and served his community and the people of 

22   the State of New York with intelligence and 

23   caring dedication, contributing significantly to 

24   the quality of life of his constituents and the 

25   communities of the State of New York; now, 


                                                               3387

 1   therefore, be it 

 2                "RESOLVED, That this Legislative 

 3   Body pause in its  deliberations to honor the 

 4   memory and accomplishments of the Honorable Roy 

 5   M. Goodman; and be it further 

 6                "RESOLVED, That copies of this  

 7   resolution, suitably engrossed, be transmitted  

 8   to his daughters, Leslie Goodman and Claire  

 9   Goodman Pellegrini Cloud, and his son, Randolph 

10   Goodman."

11                ACTING PRESIDENT MARCELLINO:   On 

12   the resolution, Senator Libous.

13                SENATOR LIBOUS:   Thank you, 

14   Mr. President.

15                My colleagues, you heard the 

16   resolution on what I would call a giant of this 

17   chamber, Senator Roy Goodman.  Senator Goodman 

18   served here with great distinction, and his 

19   accomplishments, as the resolution states, go on 

20   and on and on.  And they're all real, every one 

21   of them.  Anything that Senator Roy Goodman got 

22   involved with, he put his full effort into.  

23                And not only did he love this house 

24   and this chamber and what the Senate stood for, 

25   but he also loved the City of New York, which he 


                                                               3388

 1   represented.  The City of New York would often 

 2   come first, as probably it should have, but he 

 3   did it with such great passion.  

 4                And I am almost embarrassed to stand 

 5   on this floor and make comment, because when 

 6   Senator Goodman got up to speak, this entire 

 7   chamber, including the gallery, would be totally 

 8   quiet, because many of the words he used were 

 9   above my pay grade.  And he was such an 

10   incredible speaker and was just so eloquent on 

11   making his point, whether it be something for his 

12   beloved city or, as was mentioned, the arts, 

13   which he put an awful lot of his time into, not 

14   only the arts of New York City but for all of 

15   New York State.

16                Senator Goodman had many sides to 

17   him.  While he was a very serious statesman -- 

18   and I referenced with Senator Krueger that I 

19   believe when he ran for office he put up signs 

20   that said he was the statesman of the Senate.  

21   And I don't think anyone would ever argue that.  

22   He was indeed the statesman of the New York State 

23   Senate.  

24                And while he was a very serious and 

25   committed individual, he also loved entertainment 


                                                               3389

 1   and joking.  He was fun to go to dinner with.  He 

 2   always had a repertoire of jokes or funny stories 

 3   that would keep you on the heels of your feet for 

 4   hours at a time.  When we had a Senate function, 

 5   he would often be part of the overall 

 6   entertainment.  I can remember doing a skit with 

 7   him where I think he had me in a wig with long 

 8   hair, I can't even remember what it was, it was 

 9   so long ago.  But I do know that our colleagues 

10   enjoyed it immensely, and the Senator was full of 

11   his good spirit.

12                As I said, you know, he indeed was a 

13   champion for New York City, a champion for the 

14   arts, and certainly was committed to so many good 

15   programs that were mentioned in the reso.

16                Senator Goodman would sometimes kid 

17   around.  I know oftentimes he would call me 

18   "Tommy Boy," and he would tell me to come over 

19   because he maybe had another story that he wanted 

20   to tell.

21                But he was indeed a serious 

22   statesman.  He was a giant of this chamber.  And, 

23   Mr. President, I would say that it will be a long 

24   time before another individual like Roy Goodman 

25   will come through this chamber.  


                                                               3390

 1                He will be missed, not only by his 

 2   family, but all of us as friends.  And it is just 

 3   indeed an honor for me to stand before this house 

 4   and make some simple comments about such a great 

 5   man.

 6                ACTING PRESIDENT MARCELLINO:   Thank 

 7   you, Senator Libous.

 8                Senator Krueger.

 9                SENATOR KRUEGER:   Thank you, 

10   Mr. President.  I'd also like to rise to pay my 

11   respects and honor to Roy Goodman.  

12                Senator Goodman, as Senator Libous 

13   just referenced, was known in my community as 

14   "the statesman of the State Senate" and was the 

15   last of the Rockefeller Republicans.  

16                His final campaign for office was 

17   also my first, and his graciousness and good 

18   humor were on full display from that campaign's 

19   beginning to end.  When victorious against me 

20   after a six-week recount, he jokingly dubbed 

21   himself "Landslide Goodman."  

22                In fact, Senator Roy Goodman and my 

23   father worked together and were friends, and he 

24   could never understand why my father couldn't 

25   convince me not to run against him.  I think many 


                                                               3391

 1   people here now know me and know that that wasn't 

 2   a possibility.

 3                But after Senator Goodman retired, 

 4   he continued to show personal warmth and a deep 

 5   knowledge of his commitment to the public and to 

 6   our community.  He served here with distinction 

 7   for 33 years.  Senator Libous listed out some of 

 8   his accomplishments.  

 9                I like to highlight the fact that as 

10   his replacement in the Senate, he and I continue 

11   to agree on issues of reproductive rights, 

12   tenants rights, progressive social issues that 

13   should be moving further ahead that he worked to 

14   try to get to move further ahead in his tenure in 

15   the Senate.

16                Even today, after 12 years in the 

17   Senate, people in my community still stop to talk 

18   to me about Senator Goodman and their memories of 

19   him.  

20                My condolences go out to his family 

21   and his grandchildren, his daughters, his son.  

22   And yes, we just listened to this full 

23   resolution.  We should all set as goals to be as 

24   broad-thinking and accomplished as Senator Roy 

25   Goodman was during his tenure.  


                                                               3392

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT MARCELLINO:    

 3   Senator LaValle.

 4                SENATOR LaVALLE:   Thank you, 

 5   Mr. President.

 6                It was a great pleasure for me to 

 7   know Roy Goodman in two ways, one as a staff 

 8   member working in this Senate and then as a 

 9   colleague.

10                As Senator Libous has said, and 

11   Senator Krueger, he was a giant here in this 

12   chamber.  I would say he was blue-chip pedigree 

13   in every respect -- intellect, culture, his wit, 

14   probably only to be matched by Senator Al Lewis, 

15   from the other side, who could both of them go 

16   and tell joke after joke without any cues or any 

17   briefing from anyone.  They were both terrific.

18                Roy Goodman created and was the 

19   chairman for many, many years of the 

20   Investigations Committee, and used that committee 

21   to cover many of the topics of the day that 

22   needed scrutiny.  And that he did, with his 

23   intellect and following through on each and every 

24   subject area.

25                One of the funniest things that I 


                                                               3393

 1   can recall is going out to dinner with Roy 

 2   Goodman and a bunch of other Senators.  And as 

 3   Senator Libous indicated, he would, through 

 4   dinner just one joke after another after another.  

 5   After dinner was done, the check comes, and Roy 

 6   Goodman says, "Please, let me pick up the check."  

 7   Now, Senator Goodman was a man of means.  And so 

 8   no one, no one at the table moved a muscle toward 

 9   that check.  And so he picked it up.  Nor did 

10   anyone feel guilty that he picked that check up.

11                Roy Goodman, during the budget 

12   processes, would handle the area of the budget.  

13   And he was the first person to come in with an 

14   easel and huge colored pie-shaped pictures that 

15   dealt with the budget.  That was a time before we 

16   had the Internet and could do things the way we 

17   do today using the computer.

18                In closing, we heard the resolution, 

19   and Senator Libous said it.  Everything in that 

20   resolution could have been even understated, 

21   because he was intellectually -- and as I said, 

22   the pedigree of culture and the arts, he was the 

23   person to be able to talk about these various 

24   subject areas.

25                And so we honor his loss.  And 


                                                               3394

 1   certainly to the people of the silk-stocking 

 2   district that he represented for many, many 

 3   years, it is a loss to them, the City of New York 

 4   and New York State.

 5                ACTING PRESIDENT MARCELLINO:   Thank 

 6   you, Senator LaValle.

 7                Senator Stavisky.

 8                SENATOR STAVISKY:   Thank you, 

 9   Mr. President.

10                I served very briefly with Senator 

11   Goodman when he was in the State Senate.  

12   However, I got to know him in the 1970s when he 

13   served as chair of the New York City Charter 

14   Revision Commission and my husband was on that 

15   commission.  

16                And this was a group that studied 

17   all areas of New York City governance and in fact 

18   studied the governance of London, Belgrade, 

19   Yugoslavia, and Stockholm, Sweden, firsthand.  He 

20   arranged -- we paid our own -- spouses were paid 

21   for by the spouses.  And I believe a foundation 

22   paid for their trip, so this was not a taxpayer 

23   junket.

24                On the other hand, it was a very 

25   informative trip.  And I must tell you, I think 


                                                               3395

 1   Senator Goodman missed his calling when he was 

 2   dealing with the ambassador from Washington, from 

 3   the United States, to the Court of St. James in 

 4   London.  And that's where I think his talents 

 5   really lay, in dealing with diplomatic issues, 

 6   and he was at his prime.  

 7                His choice of language was 

 8   remarkable, colorful.  I remember thinking on one 

 9   of those occasions that he was the first grown 

10   man I ever heard use the word "balderdash."  

11                He was widely respected by 

12   everybody, and certainly obviously represented 

13   his district with distinction and with flair and 

14   with a bipartisan attitude that is often lacking 

15   in today's society.

16                And I remember his wife quite well, 

17   because she was very involved with Columbia 

18   University.  She served as a trustee at one of 

19   the colleges when my husband was an adjunct 

20   professor in the School of International and 

21   Public Affairs at Columbia.  

22                And I too extend my sympathies to 

23   his family.  But they have, I'm sure, great 

24   memories of their father and of his service in 

25   the Senate.


                                                               3396

 1                Thank you.

 2                ACTING PRESIDENT MARCELLINO:   Thank 

 3   you, Senator.

 4                Senator Nozzolio.

 5                SENATOR NOZZOLIO:   Thank you, 

 6   Mr. President.  

 7                Mr. President and my colleagues, I 

 8   rise with heavy heart to mourn and celebrate the 

 9   life of a great American, a wonderful New Yorker, 

10   a fine man, and a great contributor to this 

11   institution.

12                Roy Goodman was bright, articulate, 

13   erudite and extremely cheerful.  He had a big 

14   heart, a heart that extended to all who joined 

15   this body.  I served with him for I believe at 

16   least six years, and that it was an honor to be 

17   in his presence, to know what he was thinking, to 

18   live some of his life experiences, because he 

19   certainly was long on sharing those with us, 

20   particularly the new Senators.

21                I appreciated Roy Goodman.  I 

22   appreciated the fact that we may not have always 

23   agreed on matters of substance, but Roy Goodman 

24   was never disagreeable.  He was a gentleman's 

25   gentleman, one who had a great deal of respect 


                                                               3397

 1   for every member of this body.  

 2                He loved this institution, this 

 3   institution of the New York State Senate.  And 

 4   that he certainly was a great Senator, one who 

 5   cared about his constituents, one who loved his 

 6   state and loved his nation.

 7                We mourn his passing but are pleased 

 8   to have shared time here in this body with 

 9   Senator Roy Goodman.  

10                Thank you, Mr. President.

11                ACTING PRESIDENT MARCELLINO:   Thank 

12   you, Senator Nozzolio.

13                Is there anyone else who wishes to 

14   be heard on the resolution?  

15                Seeing none, the question is on the 

16   resolution.  All in favor signify by saying aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT MARCELLINO:    

19   Opposed, nay.

20                (No response.)

21                ACTING PRESIDENT MARCELLINO:   The 

22   resolution is adopted.

23                Senator Libous, it is my 

24   understanding that Senator Skelos would like to 

25   open up the resolution.


                                                               3398

 1                SENATOR LIBOUS:   Yes, 

 2   Mr. President.  I would offer two things.  

 3                Number one, Senator Skelos would 

 4   like to offer up the resolution to all members to 

 5   go on.  And if someone does not want to go on the 

 6   resolution, to please let the desk know.  

 7                And I would ask my colleagues to 

 8   join me in a minute of silence for Senator 

 9   Goodman, please.

10                (Whereupon, the assemblage rose and 

11   respected a moment of silence.)

12                ACTING PRESIDENT MARCELLINO:   The 

13   resolution is open for cosponsorship.  Anyone who 

14   wishes not to be on the resolution please, at 

15   your own peril, notify the desk.

16                Senator Libous.

17                SENATOR LIBOUS:   Mr. President, I 

18   would like to, if we go back to motions and 

19   resolutions -- and we are on motions -- I'd like 

20   to adopt the Resolution Calendar, with the 

21   exception of Resolutions 5714, 5723 and 5760.  I 

22   believe 5723 we've already passed.

23                ACTING PRESIDENT MARCELLINO:   Yes, 

24   we did.

25                SENATOR LIBOUS:   Okay?


                                                               3399

 1                ACTING PRESIDENT MARCELLINO:   Yes.  

 2   The motion is on the Resolution Calendar.  All in 

 3   favor of adopting the Resolution Calendar, with 

 4   the exceptions as noted, please signify by saying 

 5   aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT MARCELLINO:    

 8   Opposed, nay.

 9                (No response.)

10                ACTING PRESIDENT MARCELLINO:   The 

11   Resolution Calendar is adopted, sir.

12                Senator Libous.

13                SENATOR LIBOUS:   Thank you, 

14   Mr. President.

15                I believe there's a resolution at 

16   the desk by Senator Flanagan, Number 5801.  Could 

17   we have it read in its entirety and call on 

18   Senator Flanagan.

19                ACTING PRESIDENT MARCELLINO:   The 

20   Clerk will read.

21                THE SECRETARY:   Legislative 

22   Resolution Number 5801, by Senator Flanagan, 

23   honoring the hard work, dedication and commitment 

24   of the members of the New York State Legislative 

25   Messenger Service.  


                                                               3400

 1                "WHEREAS, It is the sense of this 

 2   Legislative Body to honor individuals who have 

 3   faithfully served the people and the government  

 4   of the State of New York with dedication and 

 5   conscientious service; and 

 6                "WHEREAS, The New York State 

 7   Legislative Messenger Service was founded in 1973 

 8   as an avenue to provide job training and  

 9   opportunities to individuals with a disability; 

10   emphasis is placed on understanding and  

11   amplifying an individual's strengths while 

12   providing support, training and structure to 

13   lessen any barriers created by their disability; 

14   and 

15                "WHEREAS, This outstanding service 

16   plays a very important role in expediting the 

17   work of the New York State Legislature; and 

18                "WHEREAS, This Legislative Body is 

19   justly proud to honor the hard work, dedication 

20   and commitment of the members of the New York 

21   State Legislative Messenger Service; and 

22                "WHEREAS, For more than four 

23   decades, the New York State Legislative Messenger 

24   Service, located in the Legislative Office 

25   Building, has provided a communications network 


                                                               3401

 1   throughout the Empire State Plaza and neighboring 

 2   state buildings for Senate and Assembly 

 3   legislators and their staffs; and 

 4                "WHEREAS, The dedicated members of 

 5   the New York State Legislative Messenger Service  

 6   can always be relied on to provide swift and 

 7   dependable service; and 

 8                "WHEREAS, Under the able leadership 

 9   of Kevin Kather, Director, and Beth Bonesteel, 

10   Assistant Director, the members of the New York 

11   State Legislative Messenger Service, whom we see 

12   hurrying about their rounds, include Daniel 

13   Benes, Michael Cohen, Nancy Comley, Bill Crowe, 

14   Michelle Daly, Adam Denenberg, Robert DeSieno,  

15   William Faulkner, Sharon Forkeutis, 

16   Marcus Gagnon, William Gerard, Barbara Gosstola, 

17   Katherine Griffin, Kimberly Lapp, 

18   Barbara McDonald, Kathy O'Brien, Patrick O'Hara, 

19   Kadija Oliver, Francis Rotundo, 

20   Kathleen Schleich, Barb Wojtowicz, and 

21   Valerie Zeh; and 

22                "WHEREAS, This Legislative Body is 

23   pleased to recognize and pay just tribute to the 

24   members of the New York State Legislative  

25   Messenger Service, individuals who embody the 


                                                               3402

 1   true American spirit, demonstrating personal 

 2   determination and significantly contributing to 

 3   the workings of the New York State Legislature; 

 4   now, therefore, be it 

 5                "RESOLVED, That this Legislative 

 6   Body pause in its deliberations to honor the hard 

 7   work, dedication and commitment of the members of 

 8   the New York State Legislative Messenger Service; 

 9   and be it further 

10                "RESOLVED, That copies of this 

11   resolution, suitably engrossed, be transmitted to 

12   the members of the New York State Legislative  

13   Messenger Service."

14                ACTING PRESIDENT MARCELLINO:   To 

15   speak on the resolution, Senator Flanagan.

16                SENATOR FLANAGAN:   Yes, thank you, 

17   Mr. President.  Thank you, Senator Libous.

18                Today is a great day.  We just heard 

19   the accomplishments of a former colleague who was 

20   legendary in his own right, and an intellectual 

21   giant.  And we have with us -- really, this is 

22   great for everyone -- but these are all the 

23   people who work for the Legislative Messenger 

24   Service.  And we thought it was appropriate to 

25   take time out of their busy day to honor them and 


                                                               3403

 1   give them plaudits for the work they do, and 

 2   really recognize them and thank them.

 3                So there are a couple of different 

 4   things that I think everyone might want to know.  

 5   They deliver over 95,000 newspapers a year.  They 

 6   deliver, on average, 72,000 packages a year.  It 

 7   is common to deliver over 550 deliveries a day.  

 8   They have messengers who do computer operations, 

 9   telephone coordinators.  They deal with 600 

10   legislative and state offices, including the LOB, 

11   State Capitol, all the agency buildings.

12                So while we may think they all come 

13   just to our offices and help us out every single 

14   day, they're all over the place.  And everyone 

15   recognizes how important the function they 

16   perform for everyone.  

17                They also have training 

18   opportunities for individuals with disabilities.  

19   And I want to read a quote from their website, 

20   because I think it's spot on:  "Yes, we may have 

21   a disability, but we are so much more.  We are 

22   independent, productive, and part of the 

23   community.  We are sons, daughters, brothers, 

24   sisters, mothers and fathers.  We love our 

25   families.  Our dreams are just like yours and, 


                                                               3404

 1   like you, we know what it takes to get there.

 2                "Treat us as equals.  Recognize all 

 3   the uniqueness that makes all of us special.  So 

 4   let us drop the word 'disability' and recognize 

 5   we are all the same."  

 6                Now, this came from the staff who 

 7   helped put this together, of course.  We have 

 8   great people to help us.  Some of the words to 

 9   describe our amazing legislative messenger 

10   service:  Remarkable work ethic, loyal, joyful, 

11   team-oriented, supportive, friendly, incredibly 

12   hardworking, professional, dedicated, energetic, 

13   helpful, positive, humorous, efficient, kind, 

14   caring, compassionate.  

15                They are led by two wonderful 

16   people, who in terms of years of service are 

17   really like newbies compared to some of the 

18   people who work there.  

19                (Laughter.)

20                SENATOR FLANAGAN:   So we have 

21   Kevin, Kevin Kather, who is the head of the 

22   service.  He only has 11 years of service.  And 

23   Beth is the assistant director, with almost 

24   15 years.  But I want to just underscore for 

25   everyone, if you take in total the years of 


                                                               3405

 1   service of the legislative messengers, it's over 

 2   500 years of service.  

 3                So I'm going to ask, as I call your 

 4   name, if you would be kind enough, if you can, to 

 5   stand up.  We would certainly appreciate it, 

 6   because I do think it's important.  

 7                This first gentleman is like the 

 8   John Marchi of the messenger service, and that's 

 9   Frank Rotundo, who has almost 41 years of 

10   service.  

11                (Applause.)

12                SENATOR FLANAGAN:   He maxed out a 

13   long time ago.  

14                Barbara McDonald has almost 40 years 

15   of service.  

16                (Applause.)

17                SENATOR FLANAGAN:   Bill Gerard 

18   comes in slightly over 37 years.  Not here, okay.  

19                (Applause.)

20                SENATOR FLANAGAN:   And I think the 

21   mayor of the Capitol and the LOB, Barb, has 

22   somewhere around just south of 35 years of 

23   service.

24                (Applause.)

25                SENATOR FLANAGAN:   Bill Faulkner, 


                                                               3406

 1   34 years of service.  He's not here either, okay.

 2                (Applause.)

 3                SENATOR FLANAGAN:   Nancy Comley, 

 4   33½ years.  Nancy.  

 5                (Applause.)

 6                SENATOR FLANAGAN:   Adam.  Adam 

 7   Denenberg, almost 28 years.  Adam.  

 8                (Applause.)

 9                SENATOR FLANAGAN:   A fine lad, 

10   Patrick O'Hara, with 27 years of service.

11                (Applause.)

12                SENATOR FLANAGAN:   Kimberly Lapp, 

13   26 years.  Kimberly.

14                (Applause.)

15                SENATOR FLANAGAN:   Sharon 

16   Forkeutis, 24½ years.  

17                (Applause.)

18                SENATOR FLANAGAN:   Valerie Zeh, 

19   24½ years as well.

20                (Applause.)

21                SENATOR FLANAGAN:   And Valerie and 

22   Sharon started on the same day.  

23                Now we have Michael Cohen, at 

24   21 years.  

25                (Applause.)


                                                               3407

 1                SENATOR FLANAGAN:   Kathy O'Brien, 

 2   who's one of the messenger coordinators, she's 

 3   got 21 years as well.

 4                (Applause.)

 5                SENATOR FLANAGAN:   Billy.  Where's 

 6   Billy?  Billy Crowe.  Billy, 17 years. 

 7                (Applause.)

 8                SENATOR FLANAGAN:   Robert DeSieno, 

 9   16 years.

10                (Applause.)

11                SENATOR FLANAGAN:   I mentioned Beth 

12   and Kevin.  

13                Katherine Griffin, nine years.  

14                (Applause.)

15                SENATOR FLANAGAN:   Daniel Benes, 

16   six and a half years.  Okay, he's not here 

17   either.

18                (Applause.)

19                SENATOR FLANAGAN:   All right.  

20   Michelle Daly, five years.

21                (Applause.)

22                SENATOR FLANAGAN:   And a man who 

23   walks with a swagger from the messenger service, 

24   good man Marcus.  Marcus, nine and a half years.

25                (Applause.)


                                                               3408

 1                SENATOR FLANAGAN:   Kathleen 

 2   Schleich at three and a half years, roughly.  

 3                (Applause.)

 4                SENATOR FLANAGAN:   And then last 

 5   but by certainly no means least, Kadija Oliver, 

 6   with less than a year, but part of the team.

 7                (Applause.)

 8                SENATOR FLANAGAN:   Mr. President, 

 9   let me just close on this.  I think I can take 

10   the liberty of trying to speak for my colleagues 

11   to a limited extent.  

12                We are grateful, we are proud, we 

13   are lucky, we are fortunate.  And I feel like 

14   when I interact with the messengers, it always 

15   helps keep things in perspective.  We should all 

16   be as congenial and as good-spirited as they are.  

17   They do fantastic work for all of us and for the 

18   public.  

19                And so when people talk about people 

20   who are public servants, here are an exemplary 

21   group of people that I think we should all stand 

22   up and a give a thunderous round of applause.  

23                (Extended standing ovation.)

24                SENATOR FLANAGAN:   Mr. President, a 

25   glaring political failure.  Probably because the 


                                                               3409

 1   name was so hard to pronounce, Barbara Wojtowicz.  

 2   Barbara. 

 3                (Applause.)

 4                SENATOR FLANAGAN:   With over 23 

 5   years of service, Mr. President.  Thank you.

 6                ACTING PRESIDENT MARCELLINO:   You 

 7   will understand if your mail is late tomorrow.

 8                (Laughter.)

 9                ACTING PRESIDENT MARCELLINO:    

10   Senator Maziarz.

11                SENATOR MAZIARZ:   Very briefly.  I 

12   couldn't beat what Senator Flanagan said.  I 

13   just -- they do an excellent job.  Thank you.  

14   When my constituents ask me what makes the 

15   New York State Senate run, I tell them the great 

16   messenger service that we have.  

17                I do have to admit that I appreciate 

18   and like the Buffalo Bills fans more than I link 

19   the New York Giant fans.  Right, Adam?

20                ADAM DENENBERG:   Right!   

21                (Laughter.)

22                SENATOR MAZIARZ:   All right.  

23                ACTING PRESIDENT MARCELLINO:    

24   Senator Griffo.

25                SENATOR GRIFFO:   I just wanted to 


                                                               3410

 1   add my voice.  Thank you all so much for your 

 2   hard work.  Job well done each and every day.  

 3   Not only do you do it in a responsible way, 

 4   you're so respectful and courteous, and you just 

 5   make everybody smile.  Even when we're having a 

 6   difficult day, we all feel better because of the 

 7   interaction we have together.  

 8                So thanks for your hard work, thanks 

 9   for a job well done.  God bless you all.

10                (Applause.)

11                ACTING PRESIDENT MARCELLINO:    

12   Senator DeFrancisco.

13                SENATOR DeFRANCISCO:   First of all, 

14   you look great for 500.

15                (Laughter.)

16                SENATOR DeFRANCISCO:   Secondly, you 

17   know, everything has been said by John, but I 

18   want to praise Senator Flanagan.  This is a great 

19   idea.  You know, in all the stuff we do around 

20   here, we always seem to be attracted to those 

21   people who are asking us for something or 

22   complaining about something.  We try to move 

23   things and get bills.  

24                And sometimes you don't give the 

25   recognition to those people who do everything 


                                                               3411

 1   right and make our jobs easier, and we just take 

 2   it for granted.  Because I've never heard a 

 3   messenger complain, I've never heard a messenger 

 4   be anything but cheerful and friendly and 

 5   efficient.

 6                So thank you, John, for doing this.  

 7   We should have done this years ago when you guys 

 8   were only 400 years old, okay.  

 9                (Laughter.)

10                SENATOR DeFRANCISCO:   So thank you 

11   very much.

12                (Applause.)

13                ACTING PRESIDENT MARCELLINO:    

14   Senator Kennedy.

15                SENATOR KENNEDY:   Thank you, 

16   Mr. President.

17                I too want to rise and just 

18   congratulate each and every one of you on the 

19   tremendous work that you do for each and every 

20   one of us every single day.  

21                You know, we rely upon you.  We see 

22   you not just as colleagues of ours and employees 

23   of the State of New York, but we've come to 

24   recognize you as our friends.  And when we're 

25   walking down the hall and you're coming at us and 


                                                               3412

 1   we're having a tough day and you're smiling us 

 2   and you're asking us about our family -- and you 

 3   know more about us and than even we know about us 

 4   sometimes -- it really goes a long way to showing 

 5   the type of people that you are, the type of 

 6   commitment that you have to your job, to us as 

 7   Senators, to the State of New York, and to the 

 8   people that we all serve with each and every one 

 9   of you.

10                So thank you for your service.  

11   Thank you for your smiles.  Thank you for your 

12   friendship.  And keep up the great work.

13                (Applause.)

14                ACTING PRESIDENT MARCELLINO:    

15   Senator Breslin.

16                SENATOR BRESLIN:   Thank you, 

17   Mr. President.  

18                As I look over at the messengers who 

19   are my coworkers, my friends, people I can put my 

20   head onto your shoulder and get advice from, and 

21   you're also, for the most part, my constituents.  

22   And when the building is empty, I'm generally 

23   here during the off season, and thank you for 

24   inviting me to your parties -- your birthday 

25   parties and Christmas parties and other parties.  


                                                               3413

 1   You have made my life better.  You have made my 

 2   life better for allowing me to be part of your 

 3   team in many respects.  

 4                And to your leader, Kevin, for all 

 5   you've done, and for each and every one of you, 

 6   you've made our lives better.  

 7                And to Senator Flanagan, what a 

 8   wonderful, wonderful gesture to bring you out 

 9   here, where you belong, to be with us.  

10                And it's again my pleasure to know 

11   you and your families.  And as -- I won't 

12   identify the person, but I know frequently on a 

13   day when I say "How you doing?" and I get the 

14   reply "So far so good."  And you know who you 

15   are.  

16                (Laughter.)

17                SENATOR BRESLIN:   And that's what 

18   all of us should think about, to have that smile 

19   every day to make people's life brighter.  Thank 

20   you, thank you, thank you.

21                (Applause.)

22                ACTING PRESIDENT MARCELLINO:    

23   Senator Ball.

24                SENATOR BALL:   Hey guys, how are 

25   you?  It's an absolute pleasure.  


                                                               3414

 1                I do want to thank Senator Flanagan 

 2   for doing this.  And whoever created this 

 3   program, I don't know who did, but whoever did do 

 4   this should truly be commended, and this 

 5   Legislature should be commended.

 6                And I echo the comments of previous 

 7   colleagues that talk about how this can be a very 

 8   tough place sometimes, a very tough Capitol.  you 

 9   know, when I think about leaving this Capitol and 

10   putting up the spurs on my political career and I 

11   think about what I'm going to miss -- because 

12   there's a whole heck of a lot of stuff I'm not 

13   going to miss.  When I think about what I'm going 

14   to miss, I consider many of you friends.  

15                I know many of you got to know 

16   Hannah, the dog I was supposed to not maybe have 

17   in the Capitol or whatever, but I did have in the 

18   Capitol all the time, and how close many of you 

19   became to her and how close you are now to Tito.  

20                And when I think about leaving, I 

21   know we're supposed to do a party next week, and 

22   I told Christa on my staff, I said three things.  

23   Number one, Tom O'Mara is going to pay, that's 

24   number one.  

25                (Laughter.)


                                                               3415

 1                SENATOR BALL:   Number two, we've 

 2   got to make sure it's at McGeary's.  And number 

 3   three, please make sure that you invite the 

 4   messengers.  And that offer absolutely stands.  

 5                And I want to thank you from the 

 6   bottom of my heart for making this a more 

 7   tolerable, better, humane place.  You guys are 

 8   not just the legislative messengers.  For this 

 9   Capitol, you're messengers from God.  And you 

10   allow insight for all of the leaders that are 

11   here about why we should be here and what we 

12   should be fighting for and the humanity that 

13   brings us all together.  

14                So God bless you each and every one 

15   of you, and I look forward to keeping in touch 

16   for many years.

17                (Applause.)

18                ACTING PRESIDENT MARCELLINO:    

19   Senator Gianaris.

20                SENATOR GIANARIS:   Thank you, 

21   Mr. President.  I want to stand to add my thanks 

22   also.  

23                I've been in this State Capitol in 

24   one capacity or another for 18 years now, which 

25   is more than I care to remember, but originally 


                                                               3416

 1   as a staff member in the State Assembly, then as 

 2   a member of the Assembly, and now the last four 

 3   as a member of the Senate.  

 4                And there's never been a day when, 

 5   encountering one of these fine public servants, 

 6   where a smile hasn't come on my face even on the 

 7   most stressful of days.  People that take great 

 8   pride in their work without whom this building 

 9   could not function, and yet they do it with such 

10   a humility and such grace and humor that it makes 

11   working here a little bit nicer each day when we 

12   cross their paths.  

13                So I want to add my words of thanks 

14   to all of them and look forward to continuing to 

15   see them in the years to come.  

16                Thank you.

17                (Applause.)

18                ACTING PRESIDENT MARCELLINO:    

19   Senator Libous.

20                SENATOR LIBOUS:   Thank you, 

21   Mr. President.

22                I too want to join my colleagues and 

23   thank Senator Flanagan for the resolution, but 

24   thank certainly all of you.  

25                And while I don't have the 


                                                               3417

 1   opportunity to give an example for each and every 

 2   one of you, I'm just going to pick out three 

 3   folks that have inspired me in your ranks.  And 

 4   certainly all of you have been pretty exciting to 

 5   work with.

 6                But Marcus, where's Marcus?  Marcus, 

 7   if --

 8                (Applause.)

 9                SENATOR LIBOUS:   If you could teach 

10   the members of this chamber how to extend their 

11   hand like you extend your hand in friendship to 

12   all of us, it would be a wonderful place.  

13                And I just want to say that it's 

14   been a pleasure working with you, and I want to 

15   continue to work with you, because every time I 

16   see you, you say "Hello, Senator," you always 

17   extend your hand of friendship, and that's 

18   something very, very special.  

19                Where's my girlfriend Barbara?  

20   Where is she?  Barbara, where are you?  Barbara.  

21                (Laughter; applause.)

22                SENATOR LIBOUS:   And again, I 

23   apologize, I can't name -- we'd be here forever.  

24   But Barb, you have brought sunshine to so many of 

25   our lives, just like your other colleagues have.  


                                                               3418

 1   Every time we see you, you're smiling.  You know 

 2   every one of us by name, you know everything -- 

 3   as I think Senator Kennedy said, you know more 

 4   about us than we do.  

 5                And it has been exciting to work 

 6   with you.  We look forward to continuing to work 

 7   with you and your colleagues.  And keep that 

 8   smile on your face, because we love it.  

 9                Thank you.

10                (Applause.)

11                SENATOR LIBOUS:   And where's my 

12   hockey buddy Adam?  Where is he, Adam?  Adam, 

13   Adam, Adam.  I miss you, I haven't seen you as 

14   much since I've been in the Capitol.  

15                But Adam and I talk about hockey, or 

16   we have over the years, and he was pretty much up 

17   to speed on the Binghamton Senators.  And of 

18   course, Adam, you know it was no coincidence we 

19   named the team the Binghamton Senators.

20                (Laughter.)

21                SENATOR LIBOUS:   But anyway, I know 

22   that the Rangers aren't doing too good and --

23                ADAM DENENBERG:  They're going to 

24   lose anyway.

25                (Laughter.)


                                                               3419

 1                SENATOR LIBOUS:   What's scary is 

 2   he's usually right.  He's usually right.  

 3                But again, I have always enjoyed 

 4   talking hockey, in particular, and sports with 

 5   you.  And you've certainly brightened up my life, 

 6   and everybody else here.  And thank you for who 

 7   you are and certainly sharing those stories with 

 8   us.  

 9                But to all of you -- and again, I'd 

10   love to go through each and every one.  But you 

11   really have -- you've done something very special 

12   for us over the years.  What, some 500 years 

13   total, that's a long time.  And I'm not sure that 

14   Senator Flanagan is quite that old yet, but maybe 

15   450.  

16                (Laughter.)

17                SENATOR LIBOUS:   But thank you.  I 

18   mean from all of us here, we enjoy working with 

19   you, we enjoy being a part of what you do every 

20   day, and thank you for bringing a lot of cheer -- 

21   not a little cheer, but a lot of cheer into our 

22   lives.  

23                God bless each and every one of you.

24                (Applause.)

25                ACTING PRESIDENT MARCELLINO:    


                                                               3420

 1   Senator Larkin.

 2                SENATOR LARKIN:   Thank you, 

 3   Mr. President.

 4                You know, I look around here and I 

 5   see 500 years.  But when Bill Conklin from 

 6   Brooklyn, Kenny LaValle and I were staff members, 

 7   some of you weren't even planned on.  

 8                But those first months was a 

 9   gentleman by the name of Mr. Russo.  Who 

10   remembers Russo from the background there?  

11   Gentleman, right?  Was he a gentleman?  

12                (Response of "Yup," "Yes.")

13                SENATOR LARKIN:   Can't hear you.  

14                (Shouts of "Yup.")

15                SENATOR LARKIN:   But Russo had the 

16   heavy stick, right, Ken?  But we would take great 

17   appreciation by you coming to us.  

18                You know, we moved from this 

19   building over to the other building, and there 

20   was confusion on floors and mail got stressed out 

21   the first month or two.  But I remember running 

22   between here and 813 and then, Kenny, you were in 

23   814, and we were back and forth in different 

24   rooms.  But I never saw one of you saying "Huh, 

25   can't do it, it's terrible."  I heard you all say 


                                                               3421

 1   "Don't worry, there's always tomorrow."

 2                You know, John Flanagan put this 

 3   together.  You know, John has a soft heart 

 4   because he knows deep down what you mean to us, 

 5   speaking for all of us.  You know, you represent 

 6   a group of young Americans that have a challenge, 

 7   and you accepted the challenge and you made 

 8   things better for everybody else.  You made other 

 9   people realize what they can do and how they can 

10   better theirself.

11                You know, we're a better society 

12   because of you young people.  What did you do?  

13   "Good morning, Senator."  "Good morning."  "Good 

14   morning."  "Oh, you've got a lot of mail today.  

15   Is any of it any good?  I hope so."  And when 

16   you'd bring a box to us, you'd say, "Hope there's 

17   some goodies in it."  

18                Never, never did I ever see one of 

19   you that had had a down day.  You might have had 

20   a down day inside, but the exposure that you gave 

21   to us said to each and every one of us, if we 

22   could stop and greet you, thank you for making 

23   our day.  Thank you for the work you do.  Because 

24   without you, this place would be a zoo.  

25                Thank you, and God bless you.


                                                               3422

 1                (Applause.)

 2                ACTING PRESIDENT MARCELLINO:    

 3   Senator Marchione.

 4                SENATOR MARCHIONE:   Thank you.  

 5   Thank you.  I just want to add my thanks to all 

 6   of you as well.  

 7                I only have 18 months here; you guys 

 8   have 500 years.  But you know, in my short time 

 9   here I've the opportunity to meet a lot of nice 

10   people, but none nicer than all of you.  There's 

11   people within your ranks who have invited me to 

12   their home.  And I'll tell you how touching that 

13   is to me that as I walk through the hall, like 

14   the rest of you, you always say hello, you make 

15   time to visit.  And I appreciate that.  I 

16   appreciate all of your service.  

17                I just want to congratulate you on 

18   this special day.  You are really very, very 

19   deserving of this recognition.  And I just want 

20   to add my thanks to say thank you to each and 

21   every one of you.  Thank you.

22                (Applause.)

23                ACTING PRESIDENT MARCELLINO:    

24   Senator Skelos.  

25                SENATOR SKELOS:   Thank you, 


                                                               3423

 1   Mr. President.  

 2                Marcus, let me start off that 

 3   Senator Libous mentioned how you have a great 

 4   handshake, and you do.  Senator Breslin, be 

 5   careful of a primary.  

 6                (Laughter.)

 7                SENATOR SKELOS:  He's a great young 

 8   man.  

 9                And Adam, I've known you for so many 

10   years.  And my son's name is Adam.  

11                And Barbara.  Barbara has the way, 

12   and so many of you do, to stop you in the hall, 

13   especially when you think things are horrible, 

14   and really by the smile and asking about whether 

15   it's about my wife or my son Adam, who many of 

16   you have seen grow up over the years, all of you 

17   have a way of putting life in perspective.  And 

18   for that, we thank you.  

19                You know, we all think that this 

20   place goes because of us.  This place really 

21   functions because of you.

22                So I know all of us, Republicans and 

23   Democrats here, we respect what you do and we 

24   love you as a group and we love you individually.  

25                So thank you very much.


                                                               3424

 1                (Applause.)

 2                ACTING PRESIDENT MARCELLINO:    

 3   Anyone else wishing to speak?

 4                Seeing none, the question is on the 

 5   resolution.  All in favor signify by saying aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT MARCELLINO:    

 8   Opposed?  

 9                (No response.)

10                ACTING PRESIDENT MARCELLINO:   I 

11   hear none.  

12                The resolution is adopted.

13                Ladies and gentlemen, 

14   congratulations.  God bless you.  See you soon.  

15                (Standing ovation.)

16                ACTING PRESIDENT MARCELLINO:   

17   Senator Libous.  

18                SENATOR LIBOUS:   Mr. President, we 

19   want to open the resolution up to all the members 

20   of the Senate.  If for some reason somebody does 

21   not want to go on the resolution, please let the 

22   desk know.

23                ACTING PRESIDENT MARCELLINO:   The 

24   resolution will be open to all.  Anyone who 

25   doesn't want to be on the resolution just let the 


                                                               3425

 1   desk know.

 2                Senator Libous.

 3                SENATOR LIBOUS:   Mr. President, 

 4   could you please call on Senator Tkaczyk for the 

 5   purpose of an announcement, please.

 6                ACTING PRESIDENT MARCELLINO:    

 7   Senator Tkaczyk.

 8                SENATOR TKACZYK:   Thank you, 

 9   Mr. President.  

10                I have a very special young man in 

11   the chambers today that I would like to introduce 

12   to everyone.  His name is Tyler Benjamin Searles.  

13   Could you please stand?

14                (Applause.)

15                SENATOR TKACZYK:   Thank you, 

16   Senator.

17                ACTING PRESIDENT MARCELLINO:   

18   That's because he's a Marine.

19                (Laughter.)

20                SENATOR TKACZYK:   Tyler Benjamin 

21   Searles last year achieved the Boy Scouts' highest 

22   honor of Eagle Scout.  And we will be passing a 

23   resolution --

24                (Noise from chamber.)

25                ACTING PRESIDENT MARCELLINO:   


                                                               3426

 1   Senator {gaveling}.

 2                SENATOR TKACZYK:   I'll wait, sure.

 3                SENATOR LIBOUS:   Mr. President, I 

 4   think they're taking a picture.  And then I think 

 5   once . . .

 6                (Pause.)

 7                ACTING PRESIDENT MARCELLINO:   Thank 

 8   you, Senator Tkaczyk, for your indulgence.  

 9   Please start again.

10                SENATOR TKACZYK:   Thank you, 

11   Mr. President.  

12                I rise today to recognize a 

13   constituent from the Town of Ravena, Tyler 

14   Benjamin Searles, who is here with us today.  

15   Tyler is also joined by his parents, Alicia and 

16   Brian Searles.  And I want to note that Brian 

17   Searles is the director of Senate Revision.  He's 

18   one of our employees, he's a member of our 

19   family.

20                Tyler attained the Eagle Scout rank, 

21   and we will be passing a resolution in a few days 

22   recognizing his many achievements.  But I wanted 

23   to especially make sure he got here today and was 

24   recognized for his accomplishments because he 

25   won't be here in a few days.  


                                                               3427

 1                After graduating from high school, 

 2   Tyler enlisted in the United States Marine Corps.  

 3   And he went to basic training on November 18th 

 4   and graduated February 14th.  He completed his 

 5   school of infantry in Jacksonville, North 

 6   Carolina, on May the 8th.  He is currently 

 7   stationed in the Marine Corps Air-Ground Combat 

 8   Center at 29 Palms in California, and will be 

 9   leaving in a few days to return to California.  

10   He is scheduled for deployment to the Middle East 

11   in September for seven months.

12                One of the projects that Tyler 

13   engaged in to obtain his Eagle Scout recognition 

14   was to help his local VFW post in Ravena, 

15   Post 9594.  They had a program called a Medical 

16   Equipment Loan Program, and what this program did 

17   was to provide medical equipment to anyone who 

18   needed it.  And we're talking about crutches, 

19   wheelchairs, walkers.  

20                The program was being taken over by 

21   the Knights of Columbus, but they needed someone 

22   to help with the transfer, to take care of the 

23   equipment, to clean it, to recycle what wasn't 

24   going to be used.  Tyler did that on his own and 

25   cleaned up the space, recycled what could be 


                                                               3428

 1   used, and made sure that the things that were 

 2   going to be used were transferred to the folks 

 3   who were doing the loan program.

 4                This is a young man who his family 

 5   is incredibly proud of, we are all proud of.  

 6   This is a young man who inspires people like me 

 7   every day to work as hard as we possibly can for 

 8   our young people who are going out and doing the 

 9   right thing and going out and doing things like 

10   enlisting in the Marine Corps and serving our 

11   country.

12                 Please join me in congratulating 

13   Tyler on his accomplishments and to give him 

14   Godspeed and good wishes on his future endeavors.  

15   And I'd like to also add that he's a member of 

16   our family because his dad is one of our 

17   employees in the State Senate.

18                (Applause.)

19                ACTING PRESIDENT MARCELLINO:    

20   Senator Libous.

21                SENATOR LIBOUS:   Thank you, 

22   Mr. President.  

23                Senator Tkaczyk, thank you for 

24   bringing Tyler to the chamber today and certainly 

25   recognizing him.  


                                                               3429

 1                And Tyler, I just want to join my 

 2   colleague in saying thank you to you, certainly 

 3   for not only your service but for what you've 

 4   contributed and for the great things that you do.  

 5                And I did want to add this, that 

 6   certainly your dad has been a good and trusted 

 7   and loyal employee for the New York State Senate.  

 8   And certainly I can see that the acorn did not 

 9   fall too far from the tree and that you're 

10   following in his footsteps and certainly making 

11   him proud of the accomplishments that you not 

12   only have done to date but will continue to do.

13                So Tyler, it's exciting for us to 

14   have you in the chamber, and again I thank 

15   Senator Tkaczyk for doing it.

16                And certainly, Brian, you should be 

17   very proud of your son.  He is an outstanding 

18   young man.  And it's just an honor to have you in 

19   our family here in the Senate and to be able to 

20   share his great qualities with all the members of 

21   this house.  

22                Thank you, Mr. President.

23                ACTING PRESIDENT MARCELLINO:    

24   Senator Sanders.

25                SENATOR SANDERS:   Thank you, 


                                                               3430

 1   Mr. President.

 2                First I'd like to draw attention and 

 3   thank my colleague for having this, and to say 

 4   that as the father of a Marine, you really have 

 5   done something extraordinary, sir.  And an 

 6   Eagle Scout on top of that.  You've been busy, 

 7   and it shows.  

 8                To my now colleague, from the halls 

 9   of Montezuma to the shores of Tripoli, folks have 

10   done it, they've gone before you, they've upheld 

11   a very proud legacy.  I'm sure that you will not 

12   let us down.  And this is what your armed forces 

13   looks like.  

14                So I want to congratulate you and 

15   wish you Godspeed.  I look forward to when you 

16   come back safe and sound and we can have some 

17   stories that perhaps cannot be told in public.

18                Semper Fi.

19                ACTING PRESIDENT MARCELLINO:    

20   Tyler, you have the best wishes of the Senate.  

21   We offer you the courtesies of the house, and 

22   thank you and God bless you.

23                Senator Libous.

24                SENATOR LIBOUS:   Thank you, 

25   Mr. President.


                                                               3431

 1                I believe we have a resolution by 

 2   Senator Rivera at the desk, Number 5760.  Please 

 3   read it in its entirety and call on the good 

 4   Senator.

 5                ACTING PRESIDENT MARCELLINO:   The 

 6   clerk will read.

 7                THE SECRETARY:   Legislative 

 8   Resolution Number 5760, by Senator Rivera, 

 9   memorializing Governor Andrew M. Cuomo to 

10   proclaim June 2014 as Immigrant Heritage Month in 

11   the State of New York.  

12                "WHEREAS, Generations of immigrants 

13   from every corner of the globe have built our 

14   country's economy and created the unique 

15   character of our nation and state; and 

16                "WHEREAS, Immigrants continue to 

17   grow businesses, innovate, strengthen our economy 

18   and create jobs in New York State; and 

19                "WHEREAS, Immigrants have provided 

20   the United States of America and New York State 

21   with unique social and cultural influence, 

22   fundamentally enriching the extraordinary 

23   character of each; and 

24                "WHEREAS, Immigrants constitute a 

25   vital segment not only in our state's community 


                                                               3432

 1   and economic affairs, but also our state's 

 2   democracy; and 

 3                "WHEREAS, Immigrants comprise more 

 4   than a quarter of our state's workforce, and for 

 5   that reason the care and well-being of these 

 6   individuals is not only a priority for this body, 

 7   but a necessity for the economic health of this 

 8   state; and 

 9                "WHEREAS, Immigrants account for 

10   nearly a third of New York's economic output in 

11   metropolitan areas and produce more than a fifth  

12   of new York's gross domestic product; and 

13                "WHEREAS, Foreign-born students 

14   seeking educational opportunities in New York 

15   contribute billions of dollars to the state in 

16   their journey to success; and 

17                "WHEREAS, Immigrants have been 

18   tireless leaders not only in securing their own 

19   rights and access to equal opportunity, but have 

20   also campaigned to create a fairer and more just 

21   society for all Americans; and 

22                "WHEREAS, Despite these countless 

23   contributions, the role of immigrants in building 

24   and enriching our nation has frequently been 

25   overlooked and undervalued throughout our history 


                                                               3433

 1   and continuing to the present day; and 

 2                "WHEREAS, It is imperative that 

 3   there be greater public awareness and increased 

 4   recognition of the contributions of immigrant  

 5   communities at the local, state and national 

 6   levels; now, therefore, be it 

 7                "RESOLVED, That this Legislative 

 8   Body pause in its deliberations to memorialize 

 9   Governor Andrew M. Cuomo to proclaim June 2014, 

10   as Immigrant Heritage Month in the State of 

11   New York; and be it further 

12                "RESOLVED, That copies of this  

13   resolution, suitably engrossed, be transmitted  

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

15   State of New York, and to the events 

16   commemorating Immigrant Heritage Month throughout 

17   New York State."

18                ACTING PRESIDENT MARCELLINO:    

19   Senator Rivera.

20                SENATOR RIVERA:   Thank you, 

21   Mr. President.

22                My colleagues, I rise today to pause 

23   for a second so that we can think about all of 

24   the people across the State of New York which add 

25   to the character of the State of New York and add 


                                                               3434

 1   value to the State of New York.  And in 

 2   particular I'm talking about all the immigrant 

 3   communities that make up our districts, our 

 4   state, all the way from the Bronx to Western 

 5   New York to the northern part of the state and 

 6   all across.

 7                Just in my district, I represent 

 8   about 318,000 folks just in that small district 

 9   in the Bronx.  Whether you have a Puerto Rican 

10   community that has been vibrant and growing there 

11   and been there for a long time; a Dominican 

12   community that is actually, in the Bronx, the 

13   largest Dominican community outside of 

14   Santo Domingo; whether you have African 

15   communities, whether it's from Ghana or the 

16   Ivory Coast; Albanians, Hondurans, like the 

17   Garifuna community that we've honored on this 

18   floor before; the Vietnamese; the Mexican 

19   community; the Italian community that made up so 

20   much of one part of my district for a long time, 

21   and some of them moved away but are still 

22   there -- all of these communities make up the 

23   greatness that is the State of New York, but 

24   certainly the Bronx.

25                And just some of the numbers 


                                                               3435

 1   mentioned in the resolution, whether we're 

 2   talking about the fact that immigrant populations 

 3   comprise more than a quarter of our state's 

 4   workforce, the fact that they account for nearly 

 5   a third of the economic output of the entire 

 6   state or that they produce more than a fifth of 

 7   New York's gross domestic product.  

 8                So whether it's the cultural 

 9   heritage, whether it's the economic benefits, 

10   these are millions of New Yorkers that are 

11   immigrants that make New York their home.  And 

12   these New Yorkers, we need to stop for a second 

13   and recognize them and know that without them, 

14   New York wouldn't be the state that it is.

15                So I, Mr. President, take a second 

16   to thank all of these immigrant communities for 

17   making New York their home.  Because of their 

18   presence here, we are a better state.  Whether 

19   it's in the Bronx, in Brooklyn, all the way up in 

20   Buffalo, in the northern parts of the state, 

21   everywhere, these communities make our state 

22   better, more vibrant, and I'm glad that we are 

23   taking a second to recognize them on this floor.  

24                Thank you, Mr. President.  

25                ACTING PRESIDENT MARCELLINO:   Thank 


                                                               3436

 1   you, Senator.  

 2                The question is on the resolution. 

 3   All in favor signify by saying aye.  

 4                (Response of "Aye.")

 5                ACTING PRESIDENT MARCELLINO:    

 6   Opposed, nay.

 7                (No response.)

 8                ACTING PRESIDENT MARCELLINO:   The 

 9   resolution is adopted.

10                Senator Libous.

11                SENATOR LIBOUS:   Mr. President, I 

12   believe Senator Kennedy has a previously adopted 

13   resolution at the desk, Number 5615.  He would 

14   like the title read only, and then he would like 

15   to be called on to speak on the resolution.

16                ACTING PRESIDENT MARCELLINO:   The 

17   clerk will read the title only.

18                THE SECRETARY:   Legislative 

19   Resolution Number 5615, by Senator Kennedy, 

20   mourning the death of Richard L. Berger, 

21   distinguished citizen and devoted member of his 

22   community.

23                ACTING PRESIDENT MARCELLINO:   On 

24   the resolution, Senator Kennedy.

25                SENATOR KENNEDY:   Thank you, 


                                                               3437

 1   Mr. President.  

 2                I rise today to remember Richard L. 

 3   "Rick" Berger and honor his many accomplishments 

 4   as a devoted husband and father, a decorated 

 5   serviceman, and a businessman who was very 

 6   successful as a leader in our community.

 7                Mr. Berger passed away earlier this 

 8   year on February 25, 2014, at the age of 67.  We 

 9   send our thoughts and prayers to his family and 

10   friends as they mourn this tremendous loss to our 

11   community.  

12                Rick was born on January 19, 1947, 

13   in Erie, Pennsylvania.  He attended Bowling Green 

14   University in Ohio and proudly served this nation 

15   as a member of the United States Air Force, where 

16   he climbed the ranks to become an Air Force 

17   captain.  We thank Mr. Berger and his family for 

18   sacrifice and valiant service to our country.

19                After leaving the Air Force, Rick 

20   began a career in business and quickly 

21   demonstrated the talents and skills necessary to 

22   succeed and help companies grow.  A hardworking 

23   man full of grit and determination, Rick proved 

24   himself and worked steadily through all sorts of 

25   business work in our community and throughout the 


                                                               3438

 1   United States.  He served as a vice president, 

 2   president and CEO of several companies and helped 

 3   drive them to success.

 4                Mr. Berger's long career took him 

 5   all over the country.  And fortunately for those 

 6   of us in Western New York, it led him to Buffalo.  

 7   Rick's most indelible impression in business came 

 8   when he cofounded the business consulting firm 

 9   inVentures Group in Buffalo.  

10                Mr. Berger distinguished himself in 

11   his profession, and he demonstrated sincere 

12   dedication to our community.  He supported and 

13   served on the boards of several key community 

14   groups such as the Buffalo and Erie County Public 

15   Library, the Library Foundation and Riverkeeper.  

16   And he worked on the Westminster Economic 

17   Development Initiative.  He was also an elder at 

18   the Westminster Presbyterian Church.  

19                It's folks like Rick Berger that 

20   have made Buffalo a great place to start a 

21   business and an even better place to raise a 

22   family.  Rick is survived by his wife, Nancy, 

23   their son, Troy, and his sister Lin Blakely.  

24                A compassionate man who worked hard 

25   to support his family and help his community 


                                                               3439

 1   thrive, Rick Berger leaves behind a legacy that 

 2   will remain as a comforting memory to all who 

 3   knew him.  

 4                I know members of Rick's family are 

 5   watching with us today, along with his friends 

 6   and colleagues at inVentures Group.  We send our 

 7   thoughts and prayers to his friends and family as 

 8   they mourn his loss with us.  May he rest in 

 9   peace.  

10                Thank you, Mr. President.

11                ACTING PRESIDENT MARCELLINO:   Thank 

12   you, Senator Kennedy.

13                The resolution was previously 

14   adopted.

15                Senator Libous.

16                SENATOR LIBOUS:   Thank you, 

17   Mr. President.

18                I believe Senator Tkaczyk has a 

19   resolution at the desk, Number 5358.  If you 

20   would read its title and please call on the 

21   Senator.

22                ACTING PRESIDENT MARCELLINO:   The 

23   Secretary will read the title.

24                THE SECRETARY:   Legislative 

25   Resolution Number 5358, by Senator Tkaczyk, 


                                                               3440

 1   honoring student-athlete Nick Gwiazdowski upon 

 2   the occasion of becoming the first Capital Region 

 3   wrestler to win an NCAA Division I wrestling 

 4   title.

 5                ACTING PRESIDENT MARCELLINO:    

 6   Senator Tkaczyk.

 7                SENATOR TKACZYK:   Thank you, 

 8   Mr. President.

 9                I have another very special young 

10   man in the chambers today, and I'd like to 

11   introduce him and talk to him and also recognize 

12   that his parents, Suzanne and John Gwiazdowski, 

13   are also here in the chamber with us.  

14                And Nick is from Duanesburg.  We 

15   don't all have difficult-to-say names in 

16   Duanesburg.  

17                But this is an incredible young man 

18   that needs to be recognized.  While he was in 

19   high school at Duanesburg, Nick was a two-time 

20   New York State champion.  He posted a 50-0 record 

21   in his senior season.  None of his opponents that 

22   year finished their match.  He had 43 pins and 

23   seven forfeits.  That year he won the Junior Wade 

24   Schalles Award, which is given to the high school 

25   wrestler with the most pins in the country.  He 


                                                               3441

 1   was a two-time team captain of Duanesburg and 

 2   finished high school with 199 victories.  

 3                This is really special, because 

 4   Duanesburg is such a small school.  His 

 5   graduating class was probably less than 70 kids.  

 6   And we recognized a couple of weeks ago some 

 7   outstanding coaches, one of them being Joe Benna, 

 8   who was Nick's coach at Duanesburg.  

 9                In his first year in college, Nick 

10   compiled a 30-to-9 record at Binghamton.  He won 

11   the 2012 Colonial Athletic Association Conference 

12   Tournament and was named the 2012 Conference's 

13   Rookie of the Year.  When his coach there, Pat 

14   Popolizio, left Binghamton for North Carolina 

15   State, Nick followed him there and this year 

16   really shined.  He was the Atlantic Coast 

17   Conference champion and then beat the two-time 

18   defending champion to become the NCAA champion in 

19   his weight class.

20                Just as impressive, while he was 

21   compiling these amazing accomplishments, Nick was 

22   also an outstanding student.  He was on the honor 

23   roll while wrestling for Duanesburg in high 

24   school, and was named to the All-American Team by 

25   the National Wrestling Coaches Association at 


                                                               3442

 1   both Binghamton and North Carolina State.  

 2                These are tremendous achievements by 

 3   a great student-athlete and role model, and I 

 4   can't imagine the hard work that Nick did to get 

 5   to this level.  But we are really incredibly 

 6   proud of his accomplishments.  I know his 

 7   parents are incredibly proud.  The entire town of 

 8   Duanesburg is incredibly proud to know him.  I 

 9   even have kids who have wrestled him in the past 

10   come up to me and say "I wrestled Nick.  I 

11   wrestled an NCAA champion and lost."  But they're 

12   incredibly proud that they got to know Nick.  

13                I can't wait to see what he does in 

14   his next two years at NC State.  But I would like 

15   to welcome my colleagues in recognizing Nick to 

16   our chamber and congratulating him on his 

17   tremendous success so far.

18                (Applause.)

19                ACTING PRESIDENT MARCELLINO:   Nick, 

20   congratulations for your achievements.  We wish 

21   you well in the future, and when you win the next 

22   Olympics, come back and see us.

23                Senator Libous.

24                SENATOR LIBOUS:   Mr. President, I 

25   want to stand up and congratulate Nick also.  


                                                               3443

 1                Nick, I know this would surprise 

 2   you, but this body wrestled at one time many, 

 3   many years ago.  What are you laughing for?  

 4                ACTING PRESIDENT MARCELLINO:   He's 

 5   waiting for you to stand up, sir.

 6                (Laughter.)

 7                SENATOR LIBOUS:   You might look 

 8   like this one day.

 9                But I wanted to say, as the Senator 

10   in Binghamton, I'm not sure you're aware of this, 

11   but Binghamton lost its wrestling program for a 

12   number of years.  And I would like to take some 

13   credit for getting back it back for them, because 

14   I did work with I believe one of the Baldwin 

15   brothers, I can't remember -- I want to say Billy 

16   Baldwin.  Thank you, Eric.  It was Billy Baldwin.  

17   And I know it was killing him to work with a 

18   Republican, but he told me that I was one of the 

19   nicer ones that he had ever met.  

20                But we did reinstate the wrestling 

21   program in Binghamton.  I'm glad that, you know, 

22   you at least spent a bit of your time there.  And 

23   I want to say congratulations to you and 

24   certainly, as Senator Tkaczyk and Senator 

25   Marcellino have said, that we hope to have you 


                                                               3444

 1   back here one day with bigger and greater 

 2   accomplishments.  

 3                But congratulations for what you've 

 4   done so far.  And, you know, Binghamton is a 

 5   great place, and I'm glad to see that the 

 6   wrestling team is certainly paying off and 

 7   producing champions like yourself.  

 8   Congratulations.

 9                ACTING PRESIDENT MARCELLINO:    

10   Senator Libous, the resolution was previously 

11   adopted.

12                SENATOR LIBOUS:   She's got me 

13   working today.

14                Can we return to motions?  

15                ACTING PRESIDENT MARCELLINO:   We 

16   will return to motions.

17                SENATOR LIBOUS:   On behalf of 

18   Senator Felder, on page 36 I offer the following 

19   amendments to Calendar Number 671, Senate Print 

20   7062, and ask that said bill retain its place on 

21   the Third Reading Calendar.

22                ACTING PRESIDENT MARCELLINO:   So 

23   ordered.

24                SENATOR LIBOUS:   Mr. President, at 

25   this time I would call an immediate meeting of 


                                                               3445

 1   the Rules Committee in Room 332.  There will be 

 2   an immediate meeting of the Rules Committee in 

 3   Room 332.

 4                ACTING PRESIDENT MARCELLINO:    

 5   There will be an immediate meeting of the Rules 

 6   Committee in Room 332.  

 7                The Senate will stand at ease until 

 8   the Rules Committee returns.

 9                (Whereupon, the Senate stood at ease 

10   at 1:03 p.m.)

11                (Whereupon, the Senate reconvened at 

12   1:41 p.m.)

13                SENATOR LIBOUS:   Mr. President.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Libous.

16                SENATOR LIBOUS:   I believe there's 

17   a report of the Rules Committee at the desk.  Can 

18   we have the report read at this time.  

19                ACTING PRESIDENT GRIFFO:   The 

20   Senate will come to order.

21                There is a report of the 

22   Resolution Calendar at the desk, and the 

23   Secretary will read.

24                THE SECRETARY:   Senator Skelos, 

25   from the Committee on Rules, reports the 


                                                               3446

 1   following bills:  

 2                Senate Print 698, by Senator 

 3   Grisanti, an act to amend the Labor Law; 

 4                Senate 902, by Senator Martins, an 

 5   act to amend the Labor Law;

 6                Senate 1187A, by Senator Maziarz, an 

 7   act to amend the Public Authorities Law; 

 8                Senate 1205, by Senator Carlucci, an 

 9   act to amend the Real Property Tax Law; 

10                Senate 1593B, by Senator Grisanti, 

11   an act to amend the Executive Law; 

12                Senate 1876A, by Senator Bonacic, an 

13   act to amend the County Law; 

14                Senate 2838B, by Senator Parker, an 

15   act in relation to requiring;

16                Senate 3054, by Senator Hannon, an 

17   act to authorize the assessor; 

18                Senate 3246, by Senator Carlucci, an 

19   act to amend the State Administrative Procedure 

20   Act; 

21                Senate 3361, by Senator DeFrancisco, 

22   an act to amend the Labor Law; 

23                Senate 3476A, by Senator Hannon, an 

24   act authorizing the assessor; 

25                Senate 3563, by Senator Seward, an 


                                                               3447

 1   act to amend the Environmental Conservation Law; 

 2                Senate 3592, by Senator O'Mara, an 

 3   act to amend the General Municipal Law; 

 4                Senate 3981B, by Senator Lanza, an 

 5   act to amend the Not-for-Profit Corporation Law; 

 6                Senate 3983, by Senator Lanza, an 

 7   act to amend the Public Health Law; 

 8                Senate 4067, by Senator DeFrancisco, 

 9   an act to amend the Social Services Law; 

10                Senate 4095, by Senator Robach, an 

11   act to amend the State Finance Law; 

12                Senate 4337B, by Senator Young, an 

13   act to amend the Public Health Law; 

14                Senate 4461B, by Senator Klein, an 

15   act to amend the General Municipal Law; 

16                Senate 4714A, by Senator Larkin, an 

17   act to amend the Retirement and Social Security 

18   Law; 

19                Senate 4848, by Senator Latimer, an 

20   act to amend the Education Law; 

21                Senate 4998, by Senator Lanza, an 

22   act to amend the Environmental Conservation Law; 

23                Senate 5133, by Senator Zeldin, an 

24   act to amend the Environmental Conservation Law; 

25                Senate 5317, by Senator Marcellino, 


                                                               3448

 1   an act to amend the General Municipal Law; 

 2                Senate 5786, by Senator DeFrancisco, 

 3   an act to amend the Insurance Law; 

 4                Senate 5857, by Senator Boyle, an 

 5   act to authorize; 

 6                Senate 6142A, by Senator Golden, an 

 7   act to amend the Social Services Law; 

 8                Senate 6164, by Senator Grisanti, an 

 9   act to amend the Labor Law; 

10                Senate 6360A, by Senator Valesky, an 

11   act to amend the Agriculture and Markets Law; 

12                Senate 6467A, by Senator Golden, an 

13   act to amend the General Municipal Law; 

14                Senate 6478A, by Senator 

15   Ranzenhofer, an act to repeal Chapter 154 of the 

16   Laws of 1921; 

17                Senate 6574, by Senator Ritchie, an 

18   act to amend the Environmental Conservation Law; 

19                Senate 6629, by Senator Ball, an act 

20   to amend the Labor Law; 

21                Senate 6672A, by Senator Klein, an 

22   act to amend the Insurance Law; 

23                Senate 6726, by Senator Golden, an 

24   act to amend the General Municipal Law; 

25                Senate 6848, by Senator Marcellino, 


                                                               3449

 1   an act to amend the Public Health Law; 

 2                Senate 6959A, by Senator Flanagan, 

 3   an act in relation to extending; 

 4                Senate 7047, by Senator O'Mara, an 

 5   act to amend the Agriculture and Markets Law; 

 6                Senate 7050A, by Senator Gallivan, 

 7   an act in relation to the Town of Eagle; 

 8                Senate 7093, by Senator Hoylman, an 

 9   act to amend the Penal Law; 

10                Senate 7109, by Senator Gallivan, an 

11   act providing; 

12                Senate 7111B, by Senator Grisanti, 

13   an act to amend the Labor Law;

14                Senate 7191, by Senator Nozzolio, an 

15   act to amend Chapter 159 of the Laws of 1929; 

16                Senate 7229B, by Senator LaValle, an 

17   act in relation to authorizing; 

18                Senate 7325A, by Senator Martins, an 

19   act to incorporate; 

20                Senate 7352, by Senator Martins, an 

21   act to amend the Local Finance Law; 

22                Senate 7480, by Senator Hannon, an 

23   act to amend the Public Health Law;

24                Senate 7485, by Senator LaValle, an 

25   act to amend the Real Property Tax Law; 


                                                               3450

 1                Senate 7592, by Senator Hannon, an 

 2   act to amend the Public Health Law; 

 3                Senate 7601B, by Senator Hannon, an 

 4   act to amend the Public Health Law; 

 5                Senate 7687, by Senator Marchione, 

 6   an act to authorize the assessor; 

 7                Senate 7688, by Senator Marchione, 

 8   an act to authorize the assessor; 

 9                Senate 7689, by Senator Marchione, 

10   an act to authorize the assessor; 

11                And Senate 7711, by Senator Farley, 

12   an act relating to a certain agreement.  

13                All bills reported direct to third 

14   reading.

15                ACTING PRESIDENT GRIFFO:    Senator 

16   Libous.

17                SENATOR LIBOUS:   Thank you, 

18   Mr. President.  Can we move to accept the report 

19   of the Rules Committee.

20                ACTING PRESIDENT GRIFFO:   All in 

21   favor of accepting the Committee on Rules report 

22   signify by saying aye.

23                (Response of "Aye.")

24                ACTING PRESIDENT GRIFFO:    Opposed?  

25                (No response.)


                                                               3451

 1                ACTING PRESIDENT GRIFFO:   The Rules 

 2   Committee report is accepted.

 3                Senator Libous.

 4                SENATOR LIBOUS:   Mr. President, at 

 5   this time could we have the reading of the 

 6   noncontroversial calendar.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Secretary will read today's active list, 

 9   noncontroversial.

10                THE SECRETARY:   Calendar Number 

11   177, by Senator Lanza, Senate Print 3598, an act 

12   to amend the Public Authorities 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, 56.  Nays, 1.  

21   Senator Rivera recorded in the negative.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   246, by Senator Ranzenhofer, Senate Print 4324A, 


                                                               3452

 1   an act to amend the Not-for-Profit Corporation 

 2   Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 4.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 57.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   300, substituted earlier by Member of the 

15   Assembly Magee, Assembly Print 8679, an act to 

16   amend the Alcoholic Beverage Control Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the 180th day.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Krueger to explain her vote.


                                                               3453

 1                SENATOR KRUEGER:   Thank you very 

 2   much, Mr. President.  I rise to explain my vote 

 3   no on this bill.  

 4                Well, of course an obvious role for 

 5   the Alcoholic Beverage Control Board to play is 

 6   to ensure that alcohol, beer and wine and other 

 7   liquor-industry activities are related to 

 8   economic development in this state.  It is also 

 9   crucial that we not forget a community's right to 

10   have a say in whether there is overutilization of 

11   licenses, too much going on in their specific 

12   community, too many licenses, too many retail 

13   activities.

14                And I am very concerned that with 

15   this change in law we would find that communities 

16   had much less say over their own destinies when 

17   it comes to alcohol, beer and wine, and I am 

18   voting no.  Thank you.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Krueger to be recorded in the negative.

21                Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar Number 300, those recorded in the 

24   negative are Senators Avella, Díaz, Gianaris, 

25   Krueger, Montgomery, Perkins, Rivera, Sanders, 


                                                               3454

 1   Serrano and Squadron.

 2                Ayes, 47.  Nays, 10.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   315, by Senator Lanza, Senate Print 6624, an act 

 7   to amend Chapter 130 of the Laws of 1998.

 8                ACTING PRESIDENT GRIFFO:   There is 

 9   a home-rule message at the desk.

10                The Secretary will read the 

11   substitution.

12                THE SECRETARY:   On page 18, Senator 

13   Lanza moves to discharge, from the Committee on 

14   Local Government, Assembly Bill Number 8853 and 

15   substitute it for the identical Senate Bill 

16   Number 6624, Third Reading Calendar 315.

17                ACTING PRESIDENT GRIFFO:   

18   Substitution so ordered.  

19                The Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   315, by Member of the Assembly Farrell, Assembly 

22   Print 8853, an act to amend Chapter 130 of the 

23   Laws of 1998.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3455

 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, 57.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   333, by Senator Ranzenhofer, Senate Print 6718B, 

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

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect upon enactment into law by 

16   the State of New Jersey.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 57.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   366, substituted earlier by Member of the 

25   Assembly Robinson, Assembly Print 9057, an act to 


                                                               3456

 1   amend Chapter 322 of the Laws of 2007.

 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, 57.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   445, by Senator Klein, Senate Print 6579A, an act 

14   to amend the Local Finance Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                SENATOR GIANARIS:   Lay it aside.

18                ACTING PRESIDENT GRIFFO:   Lay the 

19   bill aside.

20                THE SECRETARY:   Calendar Number 

21   489, by Senator Klein, Senate Print 2331B, an act 

22   to amend the Insurance Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 7.  This 


                                                               3457

 1   act shall take effect on the 180th day.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 57.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   521, by Senator Bonacic, Senate Print 5372A, an 

10   act to amend the Civil Practice Law and Rules.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the first of January.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 57.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   524, by Senator Bonacic, Senate Print 7142, an 

23   act to amend the Domestic Relations Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3458

 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, 57.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   530, by Senator Bonacic, Senate Print 2016, an 

11   act to amend the Social Services Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect on the 120th day.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 57.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.  

22                THE SECRETARY:   Calendar Number 

23   566, by Senator Hannon, Senate Print 7140, an act 

24   to amend the Public Health Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3459

 1   last section.

 2                THE SECRETARY:   Section 4.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 54.  Nays, 3.  

 8   Senators Perkins, Rivera and Serrano recorded in 

 9   the negative.  

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   593, by Senator Ball, Senate Print 6563A, an act 

14   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 on the first of January.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 57.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3460

 1   595, by Senator Farley, Senate Print 2932A, an 

 2   act to amend the Banking Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 57.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   608, substituted earlier by Member of the 

15   Assembly Magnarelli, Assembly Print Number 8819, 

16   an act to amend the Not-for-Profit Corporation 

17   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.


                                                               3461

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   625, by Senator Avella, Senate Print 6903B, an 

 5   act to amend the Environmental Conservation Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the 180th day.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 53.  Nays, 4.  

14   Senators Ball, Bonacic, Marchione and Zeldin 

15   recorded in the negative.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   643, by Senator LaValle, Senate Print 1032, an 

20   act to amend the Vehicle and Traffic Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect on the 180th day.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3462

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 56.  Nays, 1.  

 4   Senator Perkins recorded in the negative.  

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   644, by Senator Flanagan, Senate Print 1448, an 

 9   act to amend the Vehicle and Traffic Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the 180th day.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.) 

17                THE SECRETARY:   Ayes, 57.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   647, by Senator LaValle, Senate Print 2036, an 

22   act to amend the Vehicle and Traffic Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 3.  This 


                                                               3463

 1   act shall take effect on the 180th day.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 56.  Nays, 1.  

 6   Senator Perkins recorded in the negative.  

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   650, by Senator Golden, Senate Print 2749A, an 

11   act to amend the Vehicle and Traffic Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the 180th day.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.) 

19                THE SECRETARY:   Ayes, 57.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   651, by Senator Nozzolio, Senate Print 2918, an 

24   act to amend the Vehicle and Traffic Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3464

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the first of April.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.) 

 7                THE SECRETARY:   Ayes, 55.  Nays, 2.  

 8   Senators Bonacic and Perkins recorded in the 

 9   negative.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   654, by Senator LaValle, Senate Print 3521A, an 

14   act to amend the Vehicle and Traffic Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 4.  This 

18   act shall take effect on the 180th day.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.) 

22                THE SECRETARY:   Ayes, 56.  Nays, 1.  

23   Senator Perkins recorded in the negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3465

 1                THE SECRETARY:   Calendar Number 

 2   657, by Senator Ritchie, Senate Print 4062, an 

 3   act to amend the Vehicle and Traffic Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 56.  Nays, 1.  

12   Senator Perkins recorded in the negative.  

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   660, by Senator Latimer, Senate Print 6861A, an 

17   act to amend the Vehicle and Traffic Law.

18                ACTING PRESIDENT GRIFFO:    There is 

19   a home-rule message at the desk.  

20                Read the last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect on the 60th day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3466

 1                THE SECRETARY:   Ayes, 57.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   661, by Senator Nozzolio, Senate Print 6873, an 

 6   act to amend the Vehicle and Traffic Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect on the 180th day.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 57.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   664, by Senator Martins, Senate Print 985A, an 

19   act to amend the Civil Practice Law and Rules.

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.


                                                               3467

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 57.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   666, by Senator Flanagan, Senate Print 5212A, an 

 7   act to amend the Real Property Tax Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the 120th day.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   In relation to 

16   Calendar 666, those recorded in the negative are 

17   Senators Ball, DeFrancisco, Griffo, Marchione, 

18   O'Mara, Ranzenhofer and Seward.  

19                Ayes, 50.  Nays, 7.  

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.  

22                THE SECRETARY:   In relation to 

23   Calendar 666, those recorded in the negative are 

24   Senators Ball, DeFrancisco, Farley, Griffo, 

25   Marchione, Nozzolio, O'Mara, Ranzenhofer and 


                                                               3468

 1   Seward.

 2                Ayes, 48.  Nays, 9.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   668, substituted earlier by Member of the 

 7   Assembly Braunstein, Assembly Print Number 9757, 

 8   an act to amend the Estates, Powers and Trusts 

 9   Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 57.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   679, by Senator DeFrancisco, Senate Print 6206, 

22   an act to amend the State Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3469

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   DeFrancisco to explain his vote.

 7                SENATOR DeFRANCISCO:   Yes, I know 

 8   we had a spirited debate on a similar bill 

 9   dealing with yogurt, and at that time I think I 

10   mentioned that it's important, these types of 

11   bills designating different state symbols, for 

12   education purposes with our young people.  

13                And in this case, this was an idea 

14   brought to us by Irene Manna's fourth-grade class 

15   in Skaneateles.  You probably don't know this, 

16   but the wood frog is already the unofficial 

17   amphibian of the state.  And a young girl in that 

18   class, Lili Winkelman, thought why is that?  She 

19   loves frogs; why should it be unofficial?  And 

20   she said, "What do we have to do," to her 

21   teacher, "to make it happen?"  

22                So she contacted our office, and we 

23   put in a bill, and it's also supported in the 

24   Assembly by an Assemblymember.  

25                And each of the class members wrote 


                                                               3470

 1   these reasons why, wrote letters to me, the 

 2   reasons why and arguing why this should happen.  

 3   And they're outstanding letters and making more 

 4   cogent arguments than many of us do here on a 

 5   regular basis.

 6                And the arguments given for this 

 7   particular bill was:  Did you know that wood 

 8   frogs actually recognize their brothers and 

 9   sisters?  There was a study done, and there was a 

10   little paint put on them, and they were sent back 

11   into some area, and they all gathered together by 

12   family.

13                Wood frogs actually are able to 

14   freeze their organs, their organs freeze in the 

15   middle of winter -- and that's important in 

16   Syracuse -- in the middle of winter, and they 

17   revitalize in the spring.  

18                Wood frogs are also being used for 

19   research in diabetes.  And that's done because 

20   they can accept much more sugar in their system 

21   than we can.

22                So there's many, many reasons and 

23   good reasons why this designation of "unofficial" 

24   should be taken away from the wood frog and the 

25   official amphibian of the state should be the 


                                                               3471

 1   wood frog.

 2                Last point.  We talk about, all the 

 3   time, how voting is down in our communities, how 

 4   people are not interested in government, how 

 5   people just should be civically responsible and 

 6   involved.  Well, here's a fourth-grade class on 

 7   their own initiative that's suggesting 

 8   legislation, lobbying for legislation, and 

 9   gaining a stake in our system.

10                So I congratulate Lili Winkelman and 

11   the fourth-grade class at the State Street 

12   Intermediate School in Skaneateles, and I'm happy 

13   to see that this is going to pass unanimously 

14   today in this session.

15                Thank you.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   DeFrancisco to be recorded in the affirmative.

18                Senator Squadron to explain his 

19   vote.

20                SENATOR SQUADRON:   I want to 

21   congratulate Senator DeFrancisco on this 

22   occasion.  I'll vote aye, Mr. President.

23                (Laughter.)

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Squadron to be recorded in the affirmative.


                                                               3472

 1                Senator Bonacic to explain his vote.

 2                SENATOR BONACIC:   Thank you, 

 3   Mr. President.  

 4                You know, I don't know too much 

 5   about frogs.  When I was young, Kermit the Frog 

 6   was the one that I kind of liked because he was 

 7   always portrayed in a positive way.

 8                I want to tell you a little story 

 9   about a frog that I've come to know better in the 

10   last six months, and that is the cricket frog.  

11                And what I have seen happen over the 

12   last decade is the empowerment of the DEC to wrap 

13   themselves around the protection of some kind of 

14   species -- in this case, the cricket frog -- and 

15   in my district, in Florida, Glenmere Lake, in a 

16   draft report, they said for three miles around 

17   this lake -- a draft report, now; it's not 

18   official regulation -- no construction could take 

19   place for the protection of the cricket frog.

20                That means if you owned a house and 

21   wanted to put a porch on, you had to go through 

22   DEC, you had to have it surveyed out, you had to 

23   hire people to make sure you didn't interfere 

24   with that cricket frog.

25                So when we start empowering a 


                                                               3473

 1   particular species, what happens is the DEC gets 

 2   more empowered and dilutes property rights in the 

 3   name of overregulation.  And for that reason, I'm 

 4   voting no on this particular bill.

 5                Thank you, Mr. President.

 6                (Laughter.)

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Bonacic to be recorded in the negative.

 9                Senator DeFrancisco, you've already 

10   explained your vote.  We're on explanation of 

11   votes.

12                SENATOR DeFRANCISCO:   I have a 

13   point of order.

14                ACTING PRESIDENT GRIFFO:   What is 

15   your point of order, Senator DeFrancisco?  

16                SENATOR DeFRANCISCO:   My point of 

17   order is in view of the fact that the argument is 

18   not germane to this bill, that I'm asking that it 

19   be stricken from the record.

20                (Laughter.)

21                ACTING PRESIDENT GRIFFO:   Absent a 

22   frog in his throat, the record will stand as is.

23                Announce the results.

24                THE SECRETARY:   In relation to 

25   Calendar 679, those recorded in the negative are 


                                                               3474

 1   Senators Ball, Bonacic, Libous, Perkins and 

 2   Zeldin.  

 3                Ayes, 52.  Nays, 5.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   694, by Senator Griffo, Senate Print 3907, an act 

 8   to amend the Education 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                ACTING PRESIDENT GRIFFO:   Announce 

17   the results.

18                THE SECRETARY:   In relation to 

19   Calendar Number 694, those recorded in the 

20   negative are Senators Addabbo, Avella, Breslin, 

21   Dilan, Gianaris, Gipson, Kennedy, Krueger, 

22   Montgomery, Parker, Peralta, Perkins, Rivera, 

23   Sanders, Serrano, Squadron, Stavisky and 

24   Stewart-Cousins.  Also Senator Little.

25                Ayes, 38.  Nays, 19.


                                                               3475

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   697, by Senator Flanagan, Senate Print 5360, an 

 5   act to amend the Education Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   In relation to 

14   Calendar Number 697, those recorded in the 

15   negative are Senators Avella, Carlucci, Parker, 

16   Perkins and Sanders.  

17                Ayes, 52.  Nays, 5.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   703, substituted earlier by Member of the 

22   Assembly Zebrowski, Assembly Print Number 9124A, 

23   an act to amend the Education Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3476

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect on the 90th day.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 57.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   704, by Senator Lanza, Senate Print 5525, an act 

11   to repeal.  

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 5.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   In relation to 

20   Calendar Number 704, those recorded in the 

21   negative are Senators Avella, Krueger, 

22   Montgomery, Perkins, Rivera, Sanders and 

23   Squadron.

24                Ayes, 50.  Nays, 7.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3477

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   709, by Senator Libous, Senate Print 978, an act 

 4   to amend the State Finance Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 4.  This 

 8   act shall take effect on the first of April.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 57.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   715, by Senator DeFrancisco, Senate Print 1974, 

17   an act to amend the State Finance Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 57.


                                                               3478

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   721, by Senator O'Mara, Senate Print 3471, an act 

 5   to amend the Tax Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect on the 180th day.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   In relation to 

14   Calendar 721, those recorded in the negative are 

15   Senators Avella, Dilan, Gianaris, Kennedy, 

16   Krueger, Montgomery, Perkins, Rivera, Sanders, 

17   Serrano, Squadron, Stavisky and Tkaczyk.

18                Ayes, 44.  Nays, 13.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   731, substituted earlier by Member of the 

23   Assembly Farrell, Assembly Print Number 9344, an 

24   act in relation to establishing.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3479

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   DeFrancisco to explain his vote.

 9                SENATOR DeFRANCISCO:   Yes, this 

10   bill was passed by both houses last year and 

11   vetoed by the Governor.  It basically sets up a 

12   commission to review management/confidential 

13   employees' salaries that haven't been raised in a 

14   substantial period of time.

15                The Governor vetoed the bill on the 

16   grounds it should be part of the budget.  We put 

17   it in our one-house budget this year and tried to 

18   engage on this topic because it was budget time.  

19   We couldn't get engagement, we couldn't get this 

20   to be part of the budget.  So we are passing it 

21   again, I believe as is the Assembly.  

22                Hopefully the argument that it 

23   should be part of the budget will not be 

24   considered by the Governor if he's considering a 

25   veto, in view of the fact that we attempted to do 


                                                               3480

 1   just what he requested.  This is an important 

 2   bill that we should do.  

 3                I vote aye.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   DeFrancisco to be recorded in the affirmative.

 6                Announce the results.

 7                THE SECRETARY:   Ayes, 57.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   733, by Senator Libous, Senate Print 982, an act 

12   to amend the Real Property Tax 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, 57.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   738, by Senator Young, Senate Print 5318A, an act 

25   to amend the Real Property Tax Law.


                                                               3481

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 57.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   741, by Senator Hannon, Senate Print 6481, an act 

13   to authorize.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  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, 54.  Nays, 3.  

22   Senators Bonacic, Larkin and O'Mara recorded in 

23   the negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3482

 1                THE SECRETARY:   Calendar Number 

 2   742, substituted earlier by Member of the 

 3   Assembly Lentol, Assembly Print 9241A, an act to 

 4   amend Chapter 672 of the Laws of 1993.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 56.  Nays, 1.  

13   Senator Ball recorded in the negative.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   775, by Senator Ball, Senate Print 6778A, an act 

18   to amend the Correction Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the 180th day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3483

 1                THE SECRETARY:   Ayes, 57.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Excuse me.  In 

 5   relation to Calendar Number 775:  Ayes, 55.  

 6   Nays, 2.  Senators Montgomery and Perkins 

 7   recorded in the negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   continues to be passed.

10                THE SECRETARY:   Calendar Number 

11   786, by Senator Golden, Senate Print 4979B, an 

12   act to amend the Retirement and Social Security 

13   Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 4.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 57.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   790, by Senator Golden, Senate Print 5720A, an 


                                                               3484

 1   act to amend the Civil Service 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, 57.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   828, substituted earlier by Member of the 

14   Assembly Schimminger, Assembly Print 9518, an act 

15   to amend the Highway Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  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, 57.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3485

 1                THE SECRETARY:   Calendar Number 

 2   836, by Senator Flanagan, Senate Print 2450A, an 

 3   act to amend the Education Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 5.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   In relation to 

12   Calendar Number 836, those recorded in the 

13   negative are Senators Addabbo, Avella, Gianaris, 

14   Gipson, Kennedy, Krueger, Latimer, Montgomery, 

15   Peralta, Perkins, Rivera, Sanders, Serrano, 

16   Stavisky and Tkaczyk.

17                Ayes, 42.  Nays, 15.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   851, by Senator Nozzolio, Senate Print 5864, an 

22   act to amend the State Finance Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3486

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   In relation to 

 6   Calendar 851, those recorded in the negative are 

 7   Senators Kennedy, Krueger, Perkins, Rivera and 

 8   Sanders.

 9                Ayes, 52.  Nays, 5.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   855, by Senator Little, Senate Print 6322, an act 

14   to amend the Executive 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, 57.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3487

 1   859, by Senator Flanagan, Senate Print 6762A, an 

 2   act to amend the Military Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 4.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 57.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   865, by Senator Marcellino, Senate Print 7324, an 

15   act to amend the State Finance Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 4.  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, 57.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3488

 1                THE SECRETARY:   Calendar Number 

 2   867, by Senator Hannon, Senate Print 4414, an act 

 3   to amend the Public Health 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, 57.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   868, by Senator Hannon, Senate Print 5333, an act 

16   to amend the Public Health Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 57.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3489

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   876, by Senator Valesky, Senate Print 7305, an 

 4   act to amend the Public Health Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 55.  Nays, 2.  

13   Senators Montgomery and Perkins recorded in the 

14   negative.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                Can I see the negatives again by 

18   show of hands, please.

19                Reannounce the results.

20                THE SECRETARY:   In relation to 

21   Calendar 876:  Ayes, 56.  Nays, 1.  Senator 

22   Perkins recorded in the negative.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3490

 1   879, by Senator Carlucci, Senate Print 2003, an 

 2   act to amend the Real Property Tax Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  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, 57.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   887, by Senator Hannon, Senate Print 6480A, an 

15   act to authorize.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT GRIFFO:   Can we 

24   have some order in the house, please.  

25                Announce the results.


                                                               3491

 1                THE SECRETARY:   Ayes, 54.  Nays, 3.  

 2   Senators Bonacic, Larkin and O'Mara recorded in 

 3   the negative.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   888, substituted earlier by Member of the 

 8   Assembly Cusick, Assembly Print 8862, an act to 

 9   amend Chapter 306 of the Laws of 2011.

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, 57.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   894, by Senator Díaz, Senate Print 259, an act to 

22   amend the Banking Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 5.  This 


                                                               3492

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 57.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   917, by Senator Espaillat, Senate Print 7359, an 

10   act to amend the Mental Hygiene Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect on the first of July.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 57.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   918, substituted earlier by Member of the 

23   Assembly Paulin, Assembly Print 6367, an act to 

24   amend the Public Service Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3493

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the 120th day.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 57.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   924, by Senator Flanagan, Senate Print 7293A, an 

12   act to amend the Public Authorities 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, 57.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   978, by Senator Lanza, Senate Print 2472, an act 

25   to amend Chapter 47 of the Laws of 1931.


                                                               3494

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect upon the enactment into 

 5   law.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 57.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1004, substituted earlier by Member of the 

14   Assembly Zebrowski, Assembly Print 9225B, an act 

15   to amend Chapter 329 of the Laws of 2009.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  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, 57.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3495

 1                THE SECRETARY:   Calendar Number 

 2   1011, by Senator Lanza, Senate Print 6523, an act 

 3   to amend the Executive Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 52.  Nays, 5.  

12   Senators DeFrancisco, Gipson, Krueger, Montgomery 

13   and Perkins recorded in the negative.  

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1017, by Senator Serrano, Senate Print 5600, an 

18   act to amend the Parks, Recreation and Historic 

19   Preservation Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect January 1, 2015.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3496

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 52.  Nays, 5.  

 3   Senators Ball, DeFrancisco, Griffo, Marchione and 

 4   Zeldin recorded in the negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1019, substituted earlier by Member of the 

 9   Assembly Gjonaj, Assembly Print 9387B, an act to 

10   amend Chapter 465 of the Laws of 1994.

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, 57.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1023, by Senator Sanders, Senate Print 5428A, an 

23   act to amend the Social Services Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3497

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the 90th day.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 56.  Nays, 1.  

 7   Senator Ball recorded in the negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1031, by Senator Felder, Senate Print 5369B, an 

12   act to direct.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 57.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1032, by Senator Martins, Senate Print 6404, an 

25   act to amend the Education Law.


                                                               3498

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  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, 56.  Nays, 1.  

 9   Senator Krueger recorded in the negative.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1040, by Senator Lanza, Senate Print 7464A, an 

14   act to amend the Real Property Tax 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.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3499

 1   1074, by Senator Carlucci, Senate Print 5249A, an 

 2   act to amend the Social Services Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect on the 180th day.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 55.  Nays, 2.  

11   Senators DeFrancisco and Libous recorded in the 

12   negative.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Also Senator 

16   Hannon.  Ayes, 54.  Nays, 3.  

17                ACTING PRESIDENT GRIFFO:   Senator 

18   DeFrancisco to explain his vote.

19                SENATOR DeFRANCISCO:   I just wanted 

20   to explain my vote.  

21                I think it's a wonderful idea for 

22   individuals who are receiving public assistance 

23   to complete a course of instruction in financial 

24   literacy.  

25                The reason I voted no is I don't 


                                                               3500

 1   think those times in that course should count 

 2   towards the employment time requirement.  If it 

 3   was an additional requirement, fine.  But to 

 4   count towards when you're supposed to be working 

 5   I think is not appropriate.  That's why I voted 

 6   no.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   DeFrancisco to be recorded in the negative.

 9                Announce the results.

10                THE SECRETARY:   In relation to 

11   Calendar 1074, those recorded in the negative are 

12   Senators Ball, Bonacic, DeFrancisco, Griffo, 

13   Hannon, Libous and Seward.  Also Senator 

14   Ranzenhofer.  Also Senator Larkin.  Also 

15   Senator Nozzolio.  Also Senator Marchione.

16                ACTING PRESIDENT GRIFFO:   Announce 

17   the results.

18                THE SECRETARY:   Ayes, 46.  Nays, 

19   11.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1076, substituted earlier by Member of the 

24   Assembly Magee, Assembly Print 7706, an act to 

25   amend the Soil and Water Conservation Districts 


                                                               3501

 1   Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the 180th day.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 57.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1125, by Member of the Assembly Weinstein, 

14   Assembly Print 9354, an --

15                ACTING PRESIDENT GRIFFO:   Excuse 

16   me, Mr. Secretary.  

17                First I want to note that on 

18   Calendar Number 1090, during motions, it was 

19   starred at the sponsor's request.  

20                So now we'll proceed to Calendar 

21   1125, and the Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   1125, substituted earlier by Member of the 

24   Assembly Weinstein, Assembly Print 9354, an act 

25   to amend Chapter 507 of the Laws of 2009.


                                                               3502

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Klein to explain his vote.

10                SENATOR KLEIN:   Thank you, 

11   Mr. President.  

12                This is an extremely important piece 

13   of legislation which started back in 2009 during 

14   the subprime mortgage crisis.  I think everyone 

15   knows by now not only did the subprime mortgage 

16   crisis disrupt and destroy our financial markets, 

17   it also caused many hardworking homeowners 

18   throughout the country, and especially here in 

19   New York State, to lose their homes.

20                One of the things we did back then 

21   was legislation that I sponsored back in 2009 

22   which took important steps in protecting 

23   homeowners from further deception and 

24   intimidation by the banks when we passed historic 

25   landmark legislation.  The legislation is very 


                                                               3503

 1   simple but I think goes a long way towards 

 2   helping distressed homeowners.  

 3                First and foremost, the legislation 

 4   requires a 90-day notification before someone is 

 5   served with foreclosure.  Next, and probably the 

 6   most important part of the legislation, is a 

 7   settlement conference.  The settlement conference 

 8   is mandatory during that 90-day period, and it 

 9   requires that the bank and the distressed 

10   homeowner work out some type of modification to 

11   keep the homeowner in their home.

12                I think everyone knows what happened 

13   previously is a lot of people were duped into 

14   purchasing mortgages which sounded good in the 

15   beginning because they had very, very low 

16   interest rates but then rose to very high 

17   interest rates.  When homeowners noticed or saw 

18   that was happening, they contacted their banks in 

19   many cases and in most cases were told "Call us 

20   when you're in foreclosure."  I think everyone 

21   knows that's too late, because that's when you 

22   lose your home, that's when your credit rating is 

23   destroyed, that's when you lose the American 

24   dream of homeownership, which I think is 

25   everyone's intent to keep alive for years to 


                                                               3504

 1   come.

 2                So this legislation made an awful 

 3   lot of sense, and it saved thousands and 

 4   thousands of homeowners throughout the State of 

 5   New York their homes because they were able to 

 6   get help, they were able to work out some type of 

 7   agreement to modify their mortgage and keep them 

 8   in their homes.

 9                Well, unfortunately we're not out of 

10   the woods yet.  I put forth a report last Friday 

11   which showed that just in New York City alone 

12   there's potentially 30,000 homeowners potentially 

13   facing foreclosure, and 80 percent of those 

14   individuals are in predominantly minority 

15   neighborhoods.  And I also think we have to ask 

16   ourselves the question why are African-American 

17   and Latino homeowners four times more likely to 

18   be facing foreclosure.

19                So I think the continuation of this 

20   program will continue to help thousands of 

21   homeowners throughout the State of New York be 

22   able to make sure that we can keep the American 

23   dream of homeownership alive not only for this 

24   generation but for future generations.  

25                I vote yes, Mr. President.


                                                               3505

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Klein to be recorded in the affirmative.

 3                Announce the results.

 4                THE SECRETARY:   Ayes, 56.  Nays, 1.  

 5   Senator DeFrancisco recorded in the negative.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1194, by Senator Gallivan, Senate Print 89A, an 

10   act to amend the Executive Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the 60th day.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 56.  Nays, 1.  

19   Senator Krueger recorded in the negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                Calendar Number 1196 has also been 

23   starred at the sponsor's request during motions, 

24   so we will now go on to Calendar Number 1197.

25                THE SECRETARY:   Calendar Number 


                                                               3506

 1   1197, by Senator Avella, Senate Print 680, an act 

 2   to amend the Administrative Code of the City of 

 3   New York.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 56.  Nays, 1.  

12   Senator DeFrancisco recorded in the negative.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1198, by Senator Little, Senate Print 1005A, an 

17   act to amend the Tax Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 6.  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.


                                                               3507

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1199, by Senator Montgomery, Senate Print 1413, 

 5   an act to amend the Correction Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the 90th day.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 55.  Nays, 2.  

14   Senator Balls and Zeldin recorded in the 

15   negative.  Also Senator Griffo.

16                Ayes, 54.  Nays, 3.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1200, by Senator Golden, Senate Print 2108, an 

21   act to amend the Executive Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               3508

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 55.  Nays, 2.  

 5   Senators Montgomery and Perkins recorded in the 

 6   negative.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1202, by Senator Klein, Senate Print 2366, an act 

11   to amend the Penal Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 7.  This 

15   act shall take effect on the first of November.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 57.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1203, by Senator Lanza, Senate Print 2467, an act 

24   to amend the Tax Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3509

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the first of April.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 56.  Nays, 1.  

 8   Senator Perkins recorded in the negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1204, by Senator Marcellino, Senate Print 2526A, 

13   an act to amend the Executive Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect April 1, 2015.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 57.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1205, by Senator Ball, Senate Print 2648, an act 


                                                               3510

 1   to amend the Tax Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the first of July.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   In relation to 

10   Calendar 1205, those recorded in the negative are 

11   Senators Avella, Dilan, Gianaris, Montgomery, 

12   Perkins, Rivera, Sanders and Stavisky.  

13                Ayes, 49.  Nays, 8.  

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1206, by Senator Lanza, Senate Print 3626D, an 

18   act to amend the Tax Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3511

 1                THE SECRETARY:   Ayes, 57.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1208, by Senator LaValle, Senate Print 4596B, an 

 6   act to amend the Education Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 16.  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, 57.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1209, by Senator Grisanti, Senate Print 4642A, an 

19   act to amend the Tax Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 5.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3512

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Grisanti to explain his vote.

 4                SENATOR GRISANTI:   Yes, thank you, 

 5   Mr. President.  

 6                My fellow colleagues, a couple of 

 7   years ago we tried to increase the historic tax 

 8   credits from $5 million to $12 million.  All 

 9   across this state there are buildings that need 

10   refurbishing, they need help, they need these 

11   historic tax credits.  The $5 million does a 

12   great job for some of the lower-end construction 

13   projects.

14                When you see the blight in your 

15   communities, you see no economic development in 

16   the areas around that blight.  We need to 

17   increase the historic tax credit.  This 

18   particular piece of legislation raises the cap to 

19   $7 million in the years 2016-2017, to $9 million 

20   in the years 2017-2018, and up to $12 million in 

21   years 2018-2019.  

22                Every single one of us has in our 

23   district properties that are full of blight.  And 

24   for those that have had the $5 million used in 

25   the historic tax credit, you see that you have 


                                                               3513

 1   construction jobs right off the bat.  A perfect 

 2   example, the Lafayette Hotel lay dormant, 300 

 3   construction jobs; now that it's completed using 

 4   the $5 million tax credit, there are over 

 5   270 jobs at the end.  The property is back on the 

 6   tax rolls, and it created economic viability 

 7   within that region.

 8                This needs to be increased.  We need 

 9   to do this immediately.  It is just as important 

10   as brownfields, which we need to get that done 

11   this year.  But the historic tax credits, we 

12   cannot wait any longer.  I ask the Assembly to 

13   get it passed.  I ask all my colleagues to 

14   support this, because you will have construction 

15   jobs, you will have permanent jobs at the end, 

16   put properties out of blight and back on the tax 

17   rolls.  

18                I vote aye, Mr. President.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Grisanti to be recorded in the affirmative.

21                Announce the results.

22                THE SECRETARY:   Ayes, 56.  Nays, 1.  

23   Senator Krueger recorded in the negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3514

 1                THE SECRETARY:   Calendar Number 

 2   1210, by Senator Golden, Senate Print 4666, an 

 3   act to amend the Executive Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 57.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1211, by Senator Nozzolio, Senate Print 4679A, an 

16   act to amend the Tax Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 4.  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, 55.  Nays, 2.  

25   Senators Gipson and Rivera recorded in the 


                                                               3515

 1   negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1212, by Senator Golden, Senate Print 6146, an 

 6   act to amend the Executive Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 4.  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, 57.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1213, by Senator Bonacic, Senate Print 6202, an 

19   act to amend the Correction Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect on the 90th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3516

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 57.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1214, by Senator LaValle, Senate Print 6303, an 

 7   act to amend the State Finance Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 4.  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, 57.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1215, by Senator Griffo, Senate Print 6655, an 

20   act to amend the State Finance Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 4.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3517

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 57.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1218, by Senator Sanders, Senate Print 6852, an 

 8   act to direct.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 4.  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, 57.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1219, by Senator Valesky, Senate Print 7180, an 

21   act to amend the Agriculture and Markets Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               3518

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 57.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1220, substituted earlier by Member of the 

 9   Assembly Farrell, Assembly Print 9394, an act to 

10   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, 55.  Nays, 2.  

19   Senators Krueger and Squadron recorded in the 

20   negative.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1221, by Senator Farley, Senate Print 7397, an 

25   act to amend the Economic Development Law.


                                                               3519

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 57.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1222, substituted earlier by Member of the 

13   Assembly Barrett, Assembly Print 9215, an act to 

14   amend the Agriculture and Markets 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, 57.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3520

 1   1223, by Senator Ranzenhofer, Senate Print 7503, 

 2   an act to amend the Correction Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Rivera to explain his vote.

12                SENATOR RIVERA:   Thank you, 

13   Mr. President.  I stand quickly to explain my 

14   vote.  

15                As I've done in the past when we're 

16   talking about bills that relate to sex offenders, 

17   I always believe we should make a distinction 

18   between Level 1s, 2s and 3s.  I believe that 

19   certainly Level 3s are people that we need to be 

20   protected from.  And most of these bills that 

21   have to do with where folks can work, where folks 

22   can live, where folks can study, whether it's a 

23   library or what have you, I do believe that we 

24   need to have those types of bills.  

25                In this particular instance I do not 


                                                               3521

 1   see a distinction between the levels, so I would 

 2   have to vote in the negative.  

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Rivera to be recorded in the negative.

 6                Senator Ranzenhofer to explain his 

 7   vote.

 8                SENATOR RANZENHOFER:   Thank you, 

 9   Mr. President.  

10                This is a very, very important bill 

11   which will protect people in our neighborhoods 

12   and, most importantly, will protect the very 

13   people that we are charged to care for, and those 

14   are the people living in these group homes.  

15                This measure goes a long way to 

16   offering that protection, that safety for our 

17   very vulnerable people that live in our 

18   community.  I vote aye.  

19                Thank you, Mr. President.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Ranzenhofer to be recorded in the affirmative.

22                Announce the results.

23                THE SECRETARY:   Those recorded in 

24   the negative are Senators Rivera and Montgomery.  

25                Ayes, 55.  Nays, 2.


                                                               3522

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1224, by Senator Nozzolio, Senate Print 7734, an 

 5   act to amend the Penal Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the first of November.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 56.  Nays, 1.  

14   Senator Perkins recorded in the negative.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1225, substituted earlier by Member of the 

19   Assembly Santabarbara, Assembly Print 8479, an 

20   act to amend Chapter 266 of the Laws of 1981.

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 


                                                               3523

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 57.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1226, by Senator Seward, Senate Print 7764, an 

 8   act to amend the Insurance Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  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, 57.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1227, by Senator Hannon, Senate Print 7774, an 

21   act to amend Chapter 433 of the Laws of 1997.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               3524

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 57.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                Senator Libous, that completes the 

 8   noncontroversial reading of today's calendar.

 9                SENATOR LIBOUS:   Mr. President, it 

10   does.  Could we call on Senator Valesky, please.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Valesky.

13                SENATOR VALESKY:   Mr. President, 

14   would you lay Calendar 445 aside for the day.

15                ACTING PRESIDENT GRIFFO:   Calendar 

16   Number 445 has been laid aside for the day.

17                Senator Libous.

18                SENATOR LIBOUS:   Mr. President, 

19   Senator Ranzenhofer has a resolution at the desk, 

20   Number 5714.  Could we read it in its entirety 

21   and then call on Senator Ranzenhofer.

22                ACTING PRESIDENT GRIFFO:   The 

23   Secretary will read Resolution Number 5714 in its 

24   entirety.

25                THE SECRETARY:   Legislative 


                                                               3525

 1   Resolution Number 5714, by Senator Ranzenhofer, 

 2   commending Bunkers in Baghdad for its dedicated 

 3   efforts in support of our armed service members 

 4   at home and abroad.  

 5                "WHEREAS, The quality and character 

 6   of life in this nation, and the great State of 

 7   New York, is reflective of the purposeful lives 

 8   and good works of those patriotic and 

 9   civic-minded community members who dedicate their 

10   lives and careers to the service of others; and 

11                "WHEREAS, Individuals and 

12   organizations devoted to improving the quality of 

13   life of members of the United States Armed Forces 

14   are deserving of the highest praise and 

15   recognition; and 

16                "WHEREAS, Attendant to such concern,  

17   and in full accord with its long-standing 

18   traditions, this Legislative Body is justly proud 

19   to commend Bunkers in Baghdad for its dedicated 

20   efforts in support of our armed service members 

21   at home and abroad; and 

22                "WHEREAS, Bunkers in Baghdad is a 

23   not-for-profit charity that collects and sends 

24   new and used golf balls, clubs and equipment to 

25   our troops deployed in 30 countries around the 


                                                               3526

 1   world, with a focus on the brave men and women 

 2   currently serving in combat zones; and 

 3                "WHEREAS, This esteemed organization 

 4   has been highly active in New York State, 

 5   providing numerous donations to members of the 

 6   New York State National Guard on assignment  

 7   overseas; in addition, they have made substantial 

 8   contributions to soldiers stationed at Fort Drum, 

 9   New York, and at the Niagara Falls Air Force 

10   Base, as well as to Marines and Army recruiting 

11   stations across the state; and 

12                "WHEREAS, Bunkers in Baghdad has 

13   admirably collected and shipped more than five  

14   million golf balls and over 150,000 golf clubs to 

15   troops serving overseas over the past six years; 

16   and 

17                "WHEREAS, A proud supporter of the 

18   Wounded Warriors Project, Bunkers in Baghdad has 

19   provided golfing equipment to aid in the 

20   rehabilitation of injured soldiers at veterans' 

21   hospitals across New York State and the entire 

22   country; and 

23                "WHEREAS, Through its Bunkers 

24   Buddies program, the group has worked with over 

25   165 schools in 42 states, helping collect 


                                                               3527

 1   children's letters and pictures to be enclosed in  

 2   golf care packages for our deployed troops; and 

 3                "WHEREAS, The recipient of numerous 

 4   accolades, Bunkers in Baghdad had the honor of 

 5   ringing the closing bell at the New York Stock 

 6   Exchange in 2009; and 

 7                "WHEREAS, It is the sense of this 

 8   Legislative Body that when individuals and 

 9   associations of such noble aims and 

10   accomplishments are brought to our attention, 

11   they should be celebrated and recognized by all 

12   the citizens of this great Empire State; now, 

13   therefore, be it 

14                "RESOLVED, That this Legislative 

15   Body pause in its deliberations to commend 

16   Bunkers in Baghdad for its dedicated efforts in 

17   support of our armed service members at home and 

18   abroad; and be it further 

19                "RESOLVED, That a copy of this 

20   resolution, suitably engrossed, be transmitted to 

21   Joseph M. Hanna, Esq., president and founder of  

22   Bunkers in Baghdad."

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Ranzenhofer.

25                SENATOR RANZENHOFER:   Thank you, 


                                                               3528

 1   Mr. President.  

 2                We are here today to commend the 

 3   efforts and the great work of Bunkers in Baghdad.  

 4   As you heard from the resolution, this is a 

 5   not-for-profit organization which does a lot for 

 6   our veterans and our military that are serving 

 7   overseas.  

 8                We are joined today in the gallery 

 9   by, as you mentioned, the president and founder 

10   of Bunkers in Baghdad, Joe Hanna.  And also with 

11   Joe today is Joshua Beams and Andrew Tramontana.

12                This is an organization which has 

13   been in existence for only six years and has 

14   collected over 5 million golf balls and 150,000 

15   golf clubs.  If you just do the math, it's just 

16   an incredible undertaking by these very, very 

17   hardworking individuals.  And they are committed 

18   to helping our veterans and our active military 

19   that are serving.

20                When you are in the service, 

21   obviously you're putting your life on the line, 

22   but there is also a lot of free time that you 

23   have.  And I think this organization was created 

24   to help those individuals that are serving 

25   overseas to be active while they are not engaged 


                                                               3529

 1   at the moment.

 2                This organization has the support of 

 3   350 professional sports franchises across the 

 4   State of New York, including the Buffalo Sabres, 

 5   the Buffalo Bills, the Buffalo Bisons, the 

 6   Syracuse Crunch, the New York Rangers, the 

 7   New York Islanders.  They are also supported very 

 8   strongly by Callaway Golf and Arnold Palmer 

 9   Enterprises.  

10                They work with schools in the 

11   Bunkers Buddies program from Buffalo to 

12   Rochester, Albany, New York City, Long Island and 

13   Syracuse.  They also work with our VA hospitals 

14   all across the state, from Buffalo, Albany, 

15   Syracuse, Batavia, Bath, Dunkirk, Jamestown, 

16   Rochester, Rome, Brooklyn, New York City, 

17   Hicksville, and Staten Island.  

18                This is an organization which just 

19   in a few short years has done tremendous work.  

20   They work with the Wounded Warriors Program.  

21   They help folks that are injured rehabilitate and 

22   get back into better health.  And they just do 

23   admirable, admirable work.  

24                And I just want to close by offering 

25   this chamber a challenge.  So far they have 


                                                               3530

 1   collected 5 million golf balls.  I want to offer 

 2   everybody in this chamber the opportunity to drop 

 3   off your used or lightly used golf balls in my 

 4   office to help this organization.  Because they 

 5   can't do it by going out by themselves; it's 

 6   groups like us, other groups across the state 

 7   which help them collect the golf balls and the 

 8   golf clubs.  

 9                So in the next two weeks, if you 

10   have some spare time -- or you don't have some 

11   spare time, because you're not able to get out on 

12   the golf course -- and you have those golf balls 

13   lying around in your closet or in a golf bag, 

14   drop them off in my office and I'm sure that the 

15   Bunkers in Baghdad organization who is here with 

16   us today will be very, very appreciative of those 

17   efforts.  

18                Thank you, Mr. President.

19                ACTING PRESIDENT GRIFFO:   Thank 

20   you, Senator Ranzenhofer.

21                Senator DeFrancisco.

22                SENATOR DeFRANCISCO:    

23   Congratulations on your efforts.  We participate 

24   in our office in the Cellphones for Soldiers 

25   program, another great program that aids 


                                                               3531

 1   veterans.

 2                The only comment I want to make, I 

 3   have played golf with Senator Ranzenhofer before.  

 4   And I'm not so sure giving the golf balls to him 

 5   is the best way for you to gather golf balls, 

 6   because he uses them at an incredible rate.  He 

 7   loses a lot of golf balls.  And I would suggest 

 8   you find another drop-off point to increase your 

 9   efforts.  

10                (Laughter.)

11                SENATOR DeFRANCISCO:   So thank you 

12   very much.

13                ACTING PRESIDENT GRIFFO:   The 

14   question is on the resolution.  All in favor 

15   signify by saying aye.

16                (Response of "Aye.")

17                ACTING PRESIDENT GRIFFO:   Opposed?  

18                (No response.)

19                ACTING PRESIDENT GRIFFO:   The 

20   resolution is adopted.

21                We welcome you to the chamber, and 

22   we commend you for your efforts.  Thank you very 

23   much.

24                (Applause.)

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               3532

 1   Libous.  

 2                SENATOR LIBOUS:   We're going to 

 3   stand at ease temporarily.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Senate will stand at ease.

 6                SENATOR LIBOUS:   Mr. President, 

 7   before we do, just to be fair to members, we are 

 8   probably going to take on another calendar 

 9   shortly.

10                ACTING PRESIDENT GRIFFO:   So I 

11   would ask members to remain close to the chamber.  

12                The Senate is at ease.

13                (Whereupon, the Senate stood at ease 

14   at 2:49 p.m.)

15                (Whereupon, the Senate reconvened at 

16   3:23 p.m.)

17                ACTING PRESIDENT CARLUCCI:   Senator 

18   LaValle.

19                SENATOR LaVALLE:   Mr. President, 

20   thank you very much.  

21                The Senate will stand at ease until 

22   4 o'clock p.m. of this very day.

23                ACTING PRESIDENT CARLUCCI:   The 

24   Senate will stand at ease until 4 o'clock.

25                (Whereupon, the Senate stood at ease 


                                                               3533

 1   at 3:23 p.m.)

 2                (Whereupon, the Senate reconvened at 

 3   4:32 p.m.)

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Senate will come to order.

 6                Senator Libous.

 7                SENATOR LIBOUS:   Could we please 

 8   have the reading of the supplemental active list 

 9   dated June 10, 2014.

10                ACTING PRESIDENT GRIFFO:   Going to 

11   the supplemental active list dated June 10, 2014, 

12   the Secretary will read.

13                THE SECRETARY:   On page 17, Senator 

14   Dilan moves to discharge, from the Committee on 

15   Transportation, Assembly Bill Number 3491A and 

16   substitute it for the identical Senate Bill 

17   Number 391A, Third Reading Calendar 289.

18                ACTING PRESIDENT GRIFFO:    

19   Substitution so ordered.

20                The Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   289, by Member of the Assembly Magnarelli, 

23   Assembly Print Number 3491A, an act to amend the 

24   Vehicle and Traffic Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3534

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the 30th day.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 58.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   On page 19, Senator 

11   Grisanti moves to discharge, from the Committee 

12   on Environmental Conservation, Assembly Print 

13   Number 4741 and substitute it for the identical 

14   Senate Bill Number 3703B, Third Reading Calendar 

15   339.

16                ACTING PRESIDENT GRIFFO:    

17   Substitution so ordered.

18                The Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   339, by Member of the Assembly Sweeney, Assembly 

21   Print Number 4741, an act to amend the 

22   Environmental Conservation Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3535

 1   act shall take effect December 1, 2015.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 58.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   397, by Senator Klein, Senate Print 2437B, an act 

10   to amend the Education Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 5.  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, 57.  Nays, 1.  

19   Senator Tkaczyk recorded in the negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   416, by Senator Lanza, Senate Print --

24                SENATOR LIBOUS:   Lay the bill aside 

25   for the day.


                                                               3536

 1                ACTING PRESIDENT GRIFFO:   Lay it 

 2   aside for the day.

 3                THE SECRETARY:   Calendar Number 

 4   456, by Senator Maziarz, Senate Print 6957, an 

 5   act to amend the Public Service Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 5.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 58.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                Calendar Number 580 is high, by 

17   Senator Stavisky.  

18                The clerk will now go on to Calendar 

19   Number 609, by Senator Martins.

20                THE SECRETARY:   Calendar Number 

21   609, by Senator Martins, Senate Print 6921A, an 

22   act to amend the Public Authorities Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3537

 1   act shall take effect January 1, 2015.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

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

 6   Senator Ball recorded in the negative.  

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   617, by Senator Gallivan, Senate Print 93B, an 

11   act to amend the Environmental Conservation Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 19.  This 

15   act shall take effect on the first of November.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

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

20   Senator Serrano recorded in the negative.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   659, by Senator Maziarz, Senate Print 6450A, an 

25   act to amend the Vehicle and Traffic Law.


                                                               3538

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the 120th day.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 58.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   693, by Senator Farley, Senate Print 2855, an act 

13   to amend the Education Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect on the first of September.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

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

22   Senator Ball recorded in the negative.  

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3539

 1   718, by Senator Young, Senate Print 2190B, an act 

 2   to amend the Public Health Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 58.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   736, by Senator Grisanti, Senate Print 1710B, an 

15   act to amend the Real Property Tax Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the 120th day.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 58.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3540

 1                THE SECRETARY:   Calendar Number 

 2   743, by Senator Little, Senate Print 6947, an act 

 3   making certain findings.

 4                ACTING PRESIDENT GRIFFO:   There is 

 5   a home-rule message at the desk.

 6                The Secretary will read the last 

 7   section.

 8                THE SECRETARY:   Section 4.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

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

14   Senator Ball recorded in the negative.  

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   757, by Senator Lanza, Senate Print 4162, an act 

19   to amend the Penal Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the 30th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3541

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 58.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   765, by Senator Gallivan, Senate Print 7178, an 

 7   act to amend the Criminal Procedure 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, 56.  Nays, 2.  

16   Senators Krueger and Squadron recorded in the 

17   negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   767, by Senator Nozzolio, Senate Print 7188, an 

22   act to amend the Criminal Procedure Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3542

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 58.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   805, by Senator Young, Senate Print 6543B, an act 

10   to direct.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 4.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 58.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   823, by Senator Young, Senate Print 5124, an act 

23   to authorize.

24                ACTING PRESIDENT GRIFFO:   There is 

25   a home-rule message at the desk.


                                                               3543

 1                The Secretary will read the last 

 2   section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

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

 9   Senator Ball recorded in the negative.  

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.  

12                THE SECRETARY:   Calendar Number 

13   845, by Senator Young, Senate Print 4334, an act 

14   to amend the Executive Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 6.  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, 58.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3544

 1   862, by Senator Marchione, Senate Print 6952A, an 

 2   act to amend the Executive Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 58.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   866, by Senator Lanza, Senate Print 7533, an act 

15   to amend Chapter 154 of the Laws of 1921.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect upon the enactment into 

20   law.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 58.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3545

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   869, by Senator Hannon, Senate Print 5811, an act 

 4   to amend the Public Health Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect on the 90th day.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 58.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   872, by Senator Hannon, Senate Print 7150A, an 

17   act to amend the Public Health Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 58.


                                                               3546

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   875, by Senator Hannon, Senate Print 7271, an act 

 5   to amend the Public Health Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 58.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   881, by Senator Young, Senate Print 2679A, an act 

18   to amend the General Municipal Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3547

 1                THE SECRETARY:   Ayes, 58.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   882, by Senator Young, Senate Print 3081A, an act 

 6   to amend the Municipal Home Rule 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, 58.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   On page 52, Senator 

18   Ritchie moves to discharge, from the Committee on 

19   Local Government, Assembly Bill Number 9380 and 

20   substitute it for the identical Senate Bill 

21   Number 6660A, Third Reading Calendar 889.

22                ACTING PRESIDENT GRIFFO:   The 

23   substitution is so ordered.

24                The Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               3548

 1   889, by Member of the Assembly Galef, 

 2   Assembly Print 9380, an act to amend the 

 3   Real Property Tax Law.

 4                SENATOR GIANARIS:   Lay it aside.

 5                ACTING PRESIDENT GRIFFO:   Lay the 

 6   bill aside.

 7                THE SECRETARY:   On page 58, Senator 

 8   Seward moves to discharge, from the Committee on 

 9   Insurance, Assembly Bill Number 9604 and 

10   substitute it for the identical Senate Bill 

11   Number 7317, Third Reading Calendar 968.

12                ACTING PRESIDENT GRIFFO:   The 

13   substitution is so ordered.

14                The Secretary will read.

15                THE SECRETARY:   Calendar Number 

16   968, by Member of the Assembly Morelle, Assembly 

17   Print 9604, an act to amend the Insurance 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, 58.


                                                               3549

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   974, by Senator Larkin, Senate Print 6830A, an 

 5   act to amend the State Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 58.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1037, by Senator Addabbo, Senate Print 7270, an 

18   act to amend Chapter 100 of the Laws of 2013.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3550

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Addabbo to explain his vote.

 3                SENATOR ADDABBO:   Mr. President, 

 4   thank you very much.  

 5                I want to take a moment on behalf of 

 6   my constituents in Breezy Point to say thank you 

 7   to my colleagues for passing this extender.  

 8   During Superstorm Sandy, over 500 homes were 

 9   destroyed or damaged in Breezy Point, and many of 

10   my constituents are still homeless.  And this 

11   extender allows them to deal with unique 

12   street-fronted issues that are unique to 

13   Breezy Point.  

14                So once again, on behalf of my 

15   constituents, I want to say thank you.  

16                Thank you, Mr. President.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Addabbo to be recorded in the affirmative.

19                Announce the results.

20                THE SECRETARY:   Ayes, 58.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1107, by Senator Young, Senate Print 2619, an act 

25   to amend the General Municipal Law.


                                                               3551

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 58.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1111, by Senator Little, Senate Print 3735, an 

13   act to direct.

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 2.  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, 58.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3552

 1                THE SECRETARY:   On page 72, Senator 

 2   DeFrancisco moves to discharge, from the 

 3   Committee on Rules, Assembly Bill Number 8725A 

 4   and substitute it for the identical Senate Bill 

 5   Number 6193B, Third Reading Calendar 1115.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   substitution is so ordered.

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   1115, by Member of the Assembly Stirpe, 

11   Assembly Print 8725A, an act in relation to a 

12   certain agreement.

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, 57.  Nays, 1.  

21   Senator Krueger recorded in the negative.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1116, by Senator Gallivan, Senate Print 6568, an 


                                                               3553

 1   act to enact.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 10.  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, 58.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1118, by Senator Flanagan, Senate Print 6694B, an 

14   act authorizing.

15                ACTING PRESIDENT GRIFFO:   There is 

16   a home-rule message at the desk.

17                The Secretary will read the last 

18   section.

19                THE SECRETARY:   Section 7.  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, 58.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3554

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1119, by Senator O'Mara, Senate Print 6786, an 

 4   act in relation to making certain findings.

 5                ACTING PRESIDENT GRIFFO:   There is 

 6   a home-rule message present at the desk.

 7                The Secretary will read the last 

 8   section.

 9                THE SECRETARY:   Section 5.  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, 57.  Nays, 1.  

15   Senator Ball recorded in the negative.  

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1120, by Senator Farley, Senate Print 6833A, an 

20   act to establish.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 5.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3555

 1   roll.

 2                (The Secretary called the roll.)

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

 4   Senator Ball recorded in the negative.  

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1121, by Senator Ritchie, Senate Print 6975, an 

 9   act to legalize, validate, ratify and confirm.

10                ACTING PRESIDENT GRIFFO:   There is 

11   a home-rule message present at the desk.

12                The Secretary will read the last 

13   section.

14                THE SECRETARY:   Section 5.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

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

20   Senator Ball recorded in the negative.  

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1122, by Senator DeFrancisco, Senate Print 7030, 

25   an act to amend Chapter 690 of the Laws of 1937.


                                                               3556

 1                ACTING PRESIDENT GRIFFO:   There is 

 2   a home-rule message present at the desk.

 3                The Secretary will read.

 4                THE SECRETARY:   Section 3.  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, 57.  Nays, 1.  

10   Senator Ball recorded in the negative.  

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1123, by Senator O'Mara, Senate Print 7046, an 

15   act to amend the Town Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  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, 57.  Nays, 1.  

24   Senator Ball recorded in the negative.  

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3557

 1   is passed.

 2                THE SECRETARY:   On page 73, Senator 

 3   Avella moves to discharge, from the Committee on 

 4   Transportation, Assembly Bill Number 280C and 

 5   substitute it for the identical Senate Bill 

 6   Number 7089, Third Reading Calendar 1124.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   substitution is so ordered.

 9                The Secretary will read.  

10                THE SECRETARY:   Calendar Number 

11   1124, by Member of the Assembly Kim, Assembly 

12   Print 280C, an act to amend the Public 

13   Authorities Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect on the 90th day.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 58.  

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1127, by Senator LaValle, Senate Print 7133A, an 


                                                               3558

 1   act in relation.

 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, 58.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1132, by Senator Farley, Senate Print 7279, an 

14   act to amend Chapter 168 of the Laws of 2012.

15                ACTING PRESIDENT GRIFFO:   There is 

16   a home-rule message present at the desk.

17                The Secretary will read the last 

18   section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 58.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3559

 1   is passed.

 2                THE SECRETARY:   On page 74, Senator 

 3   Grisanti moves to discharge, from the Committee 

 4   on Local Government, Assembly Bill Number 9231 

 5   and substitute it for the identical Senate Bill 

 6   Number 7388, Third Reading Calendar 1133.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   substitution is so ordered.

 9                The Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   1133, by Member of the Assembly Ryan, Assembly 

12   Print 9231, an act to amend the Village 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, 57.  Nays, 1.  

21   Senator Ball recorded in the negative.  

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   On page 74, Senator 

25   Bonacic moves to discharge, from the Committee on 


                                                               3560

 1   Rules, Assembly Bill Number 9443 and substitute 

 2   it for the identical Senate Bill Number 7479, 

 3   Third Reading Calendar 1134.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   substitution is so ordered.

 6                The Secretary will read.

 7                THE SECRETARY:   Calendar Number 

 8   1134, by Member of the Assembly Gunther, Assembly 

 9   Print 9443, an act to amend the Town Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

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

18   Senator Ball recorded in the negative.  

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1135, by Senator Martins, Senate Print 7498, an 

23   act to amend the Nassau County Civil Divisions 

24   Act.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3561

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

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

 8   Senator Krueger recorded in the negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1136, by Senator Martins, Senate Print 7596A, an 

13   act authorizing.

14                ACTING PRESIDENT GRIFFO:   A 

15   home-rule message is present at the desk.

16                The Secretary will read the last 

17   section.

18                THE SECRETARY:   Section 6.  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, 56.  Nays, 2.  

24   Senators Ball and Krueger recorded in the 

25   negative.


                                                               3562

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1153, by Senator Grisanti, Senate Print 7666A, an 

 5   act to amend the Real Property Tax Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 58.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1154, by Senator O'Mara, Senate Print 7675, an 

18   act to amend the Local Finance Law.

19                ACTING PRESIDENT GRIFFO:   There is 

20   a home-rule message present 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 


                                                               3563

 1   roll.

 2                (The Secretary called the roll.) 

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                The Secretary will continue.

 7                THE SECRETARY:   Calendar Number 

 8   1267, by Senator Hoylman, Senate Print 7093, an 

 9   act to amend the Penal Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 58.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                Senator Libous, that completes the 

21   noncontroversial reading of the supplemental 

22   active list of June 10, 2014.

23                SENATOR LIBOUS:   Could we do the 

24   controversial reading of the supplemental active 

25   list.


                                                               3564

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Secretary will ring the bell.

 3                The Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   889, by Member of the Assembly Galef, Assembly 

 6   Print 9380, an act to amend the Real Property Tax 

 7   Law.

 8                SENATOR KRUEGER:   Explanation.

 9                ACTING PRESIDENT GRIFFO:   An 

10   explanation has been requested by Senator 

11   Krueger, Senator Ritchie.

12                Can I have some order in the 

13   chamber, please.

14                Senator Ritchie.

15                SENATOR RITCHIE:   This bill is a 

16   straight extender.  Legislation was originally 

17   enacted in 2001; it established the ability of 

18   local taxing jurisdictions to negotiate tax 

19   agreements with nuclear power facilities located 

20   within their jurisdiction.

21                SENATOR KRUEGER:   Through you, 

22   Mr. President, if the sponsor would please yield.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Ritchie, do you yield?  

25                SENATOR RITCHIE:   Yes.


                                                               3565

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Krueger.

 3                SENATOR KRUEGER:   How many nuclear 

 4   power plants are participating in this agreement 

 5   currently?  

 6                SENATOR RITCHIE:   Senator Krueger, 

 7   I could not answer that question.  

 8                This bill gives local communities 

 9   the ability to enter into an agreement, and it 

10   gives the local community control.

11                SENATOR KRUEGER:   Through you, 

12   Mr. President, if the sponsor would continue to 

13   yield.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Ritchie, do you yield?  

16                SENATOR RITCHIE:   Yes.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Krueger, you may continue.

19                SENATOR KRUEGER:   Thank you.  

20                So we don't know how many power 

21   plants are already using this PILOT alternative 

22   to paying a property tax.  Has there been any 

23   analysis of any location where we can take a look 

24   and see how much they are receiving in a PILOT 

25   versus where they would be projected, the amount 


                                                               3566

 1   they would be projected to receive if they just 

 2   continued like other utilities under a normal 

 3   property tax assessment?

 4                SENATOR RITCHIE:   I was asked by 

 5   Oswego County, which has three nuclear facilities 

 6   located there, to put this extender in.  And as 

 7   the assessments were before this bill, it was 

 8   pretty tough for them to figure out what a stable 

 9   tax rate was.

10                So this bill actually allows them to 

11   enter into an agreement so they can have a PILOT 

12   if they so choose, so that the community will 

13   know during that 15-year period what the tax rate 

14   will be.

15                SENATOR KRUEGER:   Through you, 

16   Mr. President, on the bill.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Krueger on the bill.

19                SENATOR KRUEGER:   I thank the 

20   sponsor for her answers to my questions.

21                Here's my dilemma.  I do understand 

22   that the history with certain utilities and 

23   apparently with nuclear utilities is that they 

24   like to fight the assessments that the local 

25   communities they are in apply to them.  They are 


                                                               3567

 1   large corporations with deep pockets, with lots 

 2   of lawyers.  And so they apparently, based on 

 3   what has gone on in various parts of the country, 

 4   and I believe New York State -- I don't know if 

 5   Oswego County is the case -- they have succeeded 

 6   in wearing down their local governments, who 

 7   really don't think they can afford to have 

 8   these --

 9                ACTING PRESIDENT GRIFFO:   May I 

10   have some order in the chamber, please.

11                Senator Krueger, you may continue.

12                SENATOR KRUEGER:   Thank you, 

13   Mr. President.

14                So these towns find themselves 

15   outgunned in their ability to successfully assess 

16   these large corporate utilities and get the 

17   property tax they deserve.

18                So they may believe that a 

19   longer-term PILOT arrangement in negotiations 

20   with the utility allows them to have a continuous 

21   stream of tax revenue.  And that, by the way, may 

22   be true, that they get a continuous stream of tax 

23   revenue.  But they get it at a much lower rate 

24   than is appropriate and should be appropriately 

25   assessed on these utilities.  


                                                               3568

 1                So my frustration here is not with 

 2   the towns, who I empathize with, and the 

 3   counties, but with the fact that we've set up a 

 4   system where we leave our localities unprotected 

 5   and uninsured by us, the State of New York, to 

 6   negotiate legitimate property tax assessments.

 7                After all, if you're a small town, 

 8   you will find it very difficult to have the 

 9   resources to challenge an international nuclear 

10   corporation.  They probably -- they could have 

11   more lawyers on staff than you might even have 

12   workers in your town.

13                And yet this provides the 

14   corporation the out that they want without any 

15   ability to determine whether, over time -- and 

16   this would extend the law through 2031.  The law 

17   was 2001 till now.  This extends to 2031 -- towns 

18   may go into deals that are absolutely not in 

19   their financial best interest.  They simply have 

20   been outmanned and outgunned in negotiation.

21                I think this is an outcome of the 

22   mistakes we made with deregulation of our energy 

23   industry and that the State of New York actually 

24   ought to come up with a mechanism to assure that 

25   these localities can have adequate representation 


                                                               3569

 1   in negotiations, to assure that they have the 

 2   plant, they are taking on the costs and burdens 

 3   of that plant, they should have the right to be 

 4   able to assess and receive property taxes from 

 5   that site.  We shouldn't leave them out there 

 6   unable to successfully fight for their own 

 7   property taxes.  

 8                Rather than extending this law till 

 9   2031, I would far prefer that we took on 

10   developing a law that said the State of New York 

11   should represent the localities in their 

12   negotiations on property tax with the utility 

13   companies, so that the localities aren't left 

14   hanging but, rather, the State of New York, with 

15   our power, with our expertise, through our state 

16   agencies, through Tax and Finance, through the 

17   Division of Real Property -- ORD.  I forgot what 

18   the D -- ORPTS, thank you.  Thank you, 

19   Mr. President -- within Tax and Finance, that 

20   with their expertise they could in fact negotiate 

21   fair taxes with these large utilities.

22                So I appreciate what the sponsor is 

23   trying to do.  I appreciate that her locality 

24   came to her and asked for this extension.  I 

25   believe that if we all had the dialogue -- and I 


                                                               3570

 1   don't know how many utilities this is applying to 

 2   right now in New York State.  The sponsor doesn't 

 3   either.  

 4                I think we could end up with a far 

 5   better result if, rather than extending this law 

 6   till 2031, we actually created a mechanism where 

 7   the State of New York would take on the 

 8   responsibility for assuring that the correct 

 9   assessment was negotiated with each utility 

10   company wherever they were in the State of 

11   New York, and it would be a win for the 

12   communities and, frankly, a win for the state.  

13                Because we know when corporations 

14   aren't paying their fair share, then somebody 

15   else has to come up with that revenue or that 

16   community turns to us saying, Help, we don't have 

17   the money we need to meet our basic service 

18   needs.  And we also know that when there's a 

19   large utility somewhere, there are real costs and 

20   impacts on that community.

21                So I personally believe they deserve 

22   our help, but not this way.  I'll be voting no, 

23   Mr. President.

24                ACTING PRESIDENT GRIFFO:   Thank 

25   you.  


                                                               3571

 1                Seeing and hearing no other Senator 

 2   who wishes to be heard, the debate is closed.  

 3   The Secretary will ring the bell.

 4                Will members take their seats, 

 5   please.  

 6                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                ACTING PRESIDENT GRIFFO:   Senator 

13   Ritchie to explain her vote.

14                SENATOR RITCHIE:   Thank you, 

15   Mr. President.

16                Though I respect Senator Krueger's 

17   comments, she forgot one critical part.  Not only 

18   does it stabilize the rates for the local 

19   community, it actually is to their benefit to 

20   protect and make sure that the hundreds of jobs 

21   from those three nuclear facilities are kept in 

22   Oswego County.  

23                Each and every time the unemployment 

24   rates come out, Oswego posts one of the highest 

25   numbers.  And those jobs at the three nuclear 


                                                               3572

 1   facilities are sought-after jobs, they're 

 2   high-paying, there is a line of people who are 

 3   looking to get in there.  

 4                So not only does this bill help 

 5   local communities stabilize their tax rate, it 

 6   also helps protect those hundreds of jobs that 

 7   are in Oswego County.  

 8                I vote yes, Mr. President.  

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Ritchie will be recorded in the affirmative.

11                Announce the results.

12                THE SECRETARY:   In relation to 

13   Calendar 889, those recorded in the negative are 

14   Senators Krueger and Squadron.  

15                Absent from voting:  Senators 

16   Bonacic, Espaillat, Parker and Sanders.

17                Ayes, 52.  Nays, 2.

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will reannounce the results.

20                THE SECRETARY:   In relation to 

21   Calendar 889, those recorded in the negative are 

22   Senators Krueger and Squadron.  

23                Absent from voting:  Senators 

24   Bonacic, Espaillat, and Sanders.  

25                Ayes, 53.  Nays, 2.


                                                               3573

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                Senator Libous, that --

 4                SENATOR LIBOUS:   Is there any 

 5   further business at the desk, sir?  

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Libous, that completes the reading of the 

 8   controversial calendar.

 9                SENATOR LIBOUS:   Now I'll make my 

10   statement.  Is there any further business at the 

11   desk?  

12                ACTING PRESIDENT GRIFFO:   There is 

13   no further business before the desk.

14                SENATOR LIBOUS:   Then we're going 

15   to adjourn until tomorrow, Wednesday, June 11th, 

16   at 11:30 a.m.

17                ACTING PRESIDENT GRIFFO:   On 

18   motion, the Senate will stand adjourned until 

19   Wednesday, June 11th, at 11:30 a.m. 

20                The Senate stands adjourned.

21                (Whereupon, at 5:06 p.m., the Senate 

22   adjourned.)

23

24

25