Regular Session - June 11, 2014

                                                                   3574

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 11, 2014

11                     12:11 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID CARLUCCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               3575

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

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT CARLUCCI:   In the 

10   absence of clergy, may we please bow our heads 

11   in a moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT CARLUCCI:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, 

17   Tuesday, June 10th, the Senate met pursuant to 

18   adjournment.  The Journal of Monday, June 9th, 

19   was read and approved.  On motion, Senate 

20   adjourned.

21                ACTING PRESIDENT CARLUCCI:    

22   Without objection, the Journal stands approved 

23   as read.

24                Presentation of petitions.

25                Messages from the Assembly.


                                                               3576

 1                The Secretary will read.

 2                THE SECRETARY:   On page 5, Senator 

 3   Maziarz moves to discharge, from the Committee 

 4   on Civil Service and Pensions, Assembly Bill 

 5   Number 8486 and substitute it for the identical 

 6   Senate Bill Number 3721A, Third Reading Calendar 

 7   66.

 8                On page 12, Senator Seward moves to 

 9   discharge, from the Committee on Insurance, 

10   Assembly Bill Number 9175A and substitute it for 

11   the identical Senate Bill Number 6505B, Third 

12   Reading Calendar 240.

13                On page 17, Senator Marchione moves 

14   to discharge, from the Committee on Higher 

15   Education, Assembly Bill Number 2089B and 

16   substitute it for the identical Senate Bill 

17   Number 2753B, Third Reading Calendar 436.

18                On page 17, Senator Martins moves 

19   to discharge, from the Committee on Local 

20   Government, Assembly Bill Number 7187 and 

21   substitute it for the identical Senate Bill 

22   Number 5647, Third Reading Calendar 442.

23                On page 19, Senator Golden moves to 

24   discharge, from the Committee on Aging, Assembly 

25   Bill Number 9067 and substitute it for the 


                                                               3577

 1   identical Senate Bill Number 6858, Third Reading 

 2   Calendar 487.

 3                On page 21, Senator Golden moves to 

 4   discharge, from the Committee on Judiciary, 

 5   Assembly Bill Number 1582A and substitute it for 

 6   the identical Senate Bill Number 3479A, Third 

 7   Reading Calendar 520.

 8                On page 25, Senator Carlucci moves 

 9   to discharge, from the Committee on Codes, 

10   Assembly Bill Number 9330 and substitute it for 

11   the identical Senate Bill Number 6994, Third 

12   Reading Calendar 587.

13                On page 35, Senator Golden moves to 

14   discharge, from the Committee on Civil Service 

15   and Pensions, Assembly Bill Number 9540A and 

16   substitute it for the identical Senate Bill 

17   Number 7226A, Third Reading Calendar 802.

18                On page 38, Senator Little moves to 

19   discharge, from the Committee on Finance, 

20   Assembly Bill Number 8703 and substitute it for 

21   the identical Senate Bill Number 6333, Third 

22   Reading Calendar 857.

23                On page 38, Senator Little moves to 

24   discharge, from the Committee on Local 

25   Government, Assembly Bill Number 9242 and 


                                                               3578

 1   substitute it for the identical Senate Bill 

 2   Number 6888, Third Reading Calendar 860.

 3                On page 39, Senator Seward moves to 

 4   discharge, from the Committee on Local 

 5   Government, Assembly Bill Number 8324A and 

 6   substitute it for the identical Senate Bill 

 7   Number 5991A, Third Reading Calendar 885.  

 8                On page 50, Senator Griffo moves to 

 9   discharge, from the Committee on Education, 

10   Assembly Bill Number 9472 and substitute it for 

11   the identical Senate Bill Number 7193, Third 

12   Reading Calendar 1033.

13                On page 54, Senator Avella moves to 

14   discharge, from the Committee on Social 

15   Services, Assembly Bill Number 8921 and 

16   substitute it for the identical Senate Bill 

17   Number 6961, Third Reading Calendar 1084.

18                On page 55, Senator Ritchie moves 

19   to discharge, from the Committee on Social 

20   Services, Assembly Bill Number 8924A and 

21   substitute it for the identical Senate Bill 

22   Number 7192, Third Reading Calendar 1088.

23                On page 58, Senator Griffo moves to 

24   discharge, from the Committee on Local 

25   Government, Assembly Bill Number 8991 and 


                                                               3579

 1   substitute it for the identical Senate Bill 

 2   Number 7084, Third Reading Calendar 1164.

 3                On page 60, Senator DeFrancisco 

 4   moves to discharge, from the Committee on 

 5   Transportation, Assembly Bill Number 8021A and 

 6   substitute it for the identical Senate Bill 

 7   Number 7108, Third Reading Calendar 1185.

 8                On page 61, Senator Savino moves to 

 9   discharge, from the Committee on Labor, Assembly 

10   Bill Number 9115 and substitute it for the 

11   identical Senate Bill Number 7440, Third Reading 

12   Calendar 1193.

13                On page 64, Senator Boyle moves to 

14   discharge, from the Committee on Local 

15   Government, Assembly Bill Number 8033A and 

16   substitute it for the identical Senate Bill 

17   Number 5857, Third Reading Calendar 1253.

18                On page 64, Senator Golden moves to 

19   discharge, from the Committee on Local 

20   Government, Assembly Bill Number 8484A and 

21   substitute it for the identical Senate Bill 

22   Number 6467A, Third Reading Calendar 1257.

23                On page 66, Senator Ritchie moves 

24   to discharge, from the Committee on 

25   Environmental Conservation, Assembly Bill Number 


                                                               3580

 1   1627A and substitute it for the identical Senate 

 2   Bill Number 6574, Third Reading Calendar 1259.

 3                On page 66, Senator Golden moves to 

 4   discharge, from the Committee on Local 

 5   Government, Assembly Bill Number 9564 and 

 6   substitute it for the identical Senate Bill 

 7   Number 6726, Third Reading Calendar 1262.

 8                On page 67, Senator Gallivan moves 

 9   to discharge, from the Committee on Local 

10   Government, Assembly Bill Number 9504 and 

11   substitute it for the identical Senate Bill 

12   Number 7109, Third Reading Calendar 1268.

13                On page 67, Senator Martins moves 

14   to discharge, from the Committee on 

15   Corporations, Authorities and Commissions, 

16   Assembly Bill Number 9003C and substitute it for 

17   the identical Senate Bill Number 7325A, Third 

18   Reading Calendar 1272.

19                ACTING PRESIDENT CARLUCCI:    

20   Substitutions ordered.

21                Messages from the Governor.

22                Reports of standing committees.

23                Reports of select committees.

24                Communications and reports from 

25   state officers.


                                                               3581

 1                Motions and resolutions.

 2                Senator Libous.

 3                SENATOR LIBOUS:   Thank you, 

 4   Mr. President.  

 5                Could you please call on Senator 

 6   Valesky, then Senator Gianaris, and then come 

 7   back to me, please.

 8                ACTING PRESIDENT CARLUCCI:    

 9   Senator Valesky.

10                SENATOR VALESKY:   Thank you, 

11   Mr. President.

12                First of all, on your behalf, on 

13   page 41 I offer the following amendments to 

14   Calendar Number 916, Senate Print 7232, and ask 

15   that said bill retain its place on the Third 

16   Reading Calendar.

17                ACTING PRESIDENT CARLUCCI:   So 

18   ordered.

19                SENATOR VALESKY:   And also, on 

20   behalf of Senator Avella, I wish to call up his 

21   bill, Senate Print Number 6903B, recalled from 

22   the Assembly, which is now at the desk.

23                ACTING PRESIDENT CARLUCCI:   The 

24   Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               3582

 1   625, by Senator Avella, Senate Print 6903B, an 

 2   act to amend the Environmental Conservation Law.

 3                SENATOR VALESKY:   I now move to 

 4   reconsider the vote by which this bill passed.

 5                ACTING PRESIDENT CARLUCCI:   Call 

 6   the roll on reconsideration.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 56.

 9                SENATOR VALESKY:   I now offer the 

10   following amendments.

11                ACTING PRESIDENT CARLUCCI:   The 

12   amendments are accepted.

13                Senator Gianaris.

14                SENATOR GIANARIS:   Thank you, 

15   Mr. President.

16                On behalf of Senator Espaillat, on 

17   page number 6 I offer the following amendments 

18   to Calendar Number 107, Senate Print 1728B, and 

19   ask that said bill retain its place on Third 

20   Reading Calendar.

21                ACTING PRESIDENT CARLUCCI:   So 

22   ordered.

23                SENATOR GIANARIS:   And on behalf 

24   of Senator Stewart-Cousins, please place a 

25   sponsor star on Calendar Number 993.


                                                               3583

 1                ACTING PRESIDENT CARLUCCI:   So 

 2   ordered.

 3                SENATOR GIANARIS:   Thank you.

 4                ACTING PRESIDENT CARLUCCI:   

 5   Senator Libous.

 6                SENATOR LIBOUS:   Thank you, 

 7   Mr. President.  

 8                On behalf of Senator Young, on 

 9   page 9 I offer the following amendments to 

10   Calendar Number 174, Senate Print 4072, and ask 

11   that said bill retain its place on the Third 

12   Reading Calendar.

13                ACTING PRESIDENT CARLUCCI:   So 

14   ordered.

15                SENATOR LIBOUS:   And, 

16   Mr. President, on behalf of Senator Marcellino, 

17   on page 45 I offer the following amendments to 

18   Calendar Number 970, Senate Print 3812B, and ask 

19   that said bill retain its place on the 

20   Third Reading Calendar.

21                ACTING PRESIDENT CARLUCCI:   So 

22   ordered.

23                Senator Libous.

24                SENATOR LIBOUS:   Mr. President, at 

25   this time I would call an immediate meeting of 


                                                               3584

 1   the Rules Committee in Room 332.  There will be 

 2   an immediate meeting of the Rules Committee in 

 3   Room 332.  

 4                And while the Rules Committee is 

 5   meeting, I would ask that the Senate stand at 

 6   ease.

 7                ACTING PRESIDENT CARLUCCI:   There 

 8   will be an immediate meeting of the Rules 

 9   Committee in Room 332 of the Capitol.  

10                The Senate will stand at ease.

11                (Whereupon, the Senate stood at 

12   ease at 12:19 p.m.)

13                (Whereupon, the Senate reconvened 

14   at 12:42 p.m.)

15                ACTING PRESIDENT CARLUCCI:   The 

16   Senate will come to order.

17                Senator LaValle.

18                SENATOR LaVALLE:   Mr. President, 

19   can we call on Senator Ranzenhofer for an 

20   introduction of some students, please.

21                ACTING PRESIDENT CARLUCCI:    

22   Senator Ranzenhofer.

23                SENATOR RANZENHOFER:   Thank you, 

24   Mr. President.  

25                I'd like to welcome some very 


                                                               3585

 1   important people to the chamber today as we 

 2   celebrate Yogurt Day in the state's Capitol.  

 3                We have with us today Mr. Schroth's 

 4   fourth-grade class from Byron-Bergen Elementary 

 5   School, and with us is their principal, Brian 

 6   Meister; teacher Craig Schroth; teachers Erin 

 7   Varley and Heather Young.  We have parents.  And 

 8   of course we have the most important people, 

 9   which are the fourth-graders.  And they have 

10   gotten up very early this morning and joined us 

11   here today as we celebrate yogurt.  

12                Colleagues, this is democracy in 

13   action.  We all go to schools throughout our 

14   district and explain to classrooms how a bill 

15   becomes a law.  And this class took on a class 

16   project on how to make yogurt the official state 

17   snack, and the bills have been introduced.  We 

18   had a very memorable discussion here several 

19   weeks ago on that bill.  And they are here to 

20   show how the best ideas don't always come from 

21   these hallowed chambers but how in our 

22   communities, our schools, our farms, our 

23   factories, great ideas are in the minds of our 

24   constituency.  

25                So I'd like to give a very warm 


                                                               3586

 1   welcome to the Byron-Bergen Elementary School 

 2   fourth-grade class.  Welcome.

 3                (Applause.)

 4                ACTING PRESIDENT CARLUCCI:    

 5   Senator Gallivan.

 6                SENATOR GALLIVAN:   Thank you, 

 7   Mr. President.

 8                I too rise to welcome the 

 9   fourth-grade class from Byron-Bergen, which was, 

10   as you heard during the yogurt debate, my alma 

11   mater.  I am very proud to be an alumni of 

12   Byron-Bergen.  One of the young ladies in our 

13   class, Maddy Burke, I was very proud to coach 

14   her father in 8th grade to an undefeated 

15   basketball season, last time it was done there.  

16                But I'm proud of you guys.  I'm 

17   proud of the school, proud of you guys for 

18   standing up and coming up with an idea and 

19   advancing something that is soon to be state 

20   law.  

21                Congratulations.

22                ACTING PRESIDENT CARLUCCI:    

23   Congratulations to the fourth-grade class from 

24   Byron-Bergen.  Keep up the good work.

25                Senator LaValle.


                                                               3587

 1                SENATOR LaVALLE:   Mr. President, 

 2   can we accept the report of the Rules Committee.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Senator Skelos, 

 6   from the Committee on Rules, reports the 

 7   following bills:  

 8                Senate Print 109, by Senator 

 9   Gallivan, an act to amend the Civil Service Law; 

10                Senate 1146, by Senator Breslin, an 

11   act to amend the Education Law; 

12                Senate 1481, by Senator Marcellino, 

13   an act to amend the Executive Law; 

14                Senate 2088A, by Senator Martins, 

15   an act to amend the Public Authorities Law; 

16                Senate 2459, by Senator Lanza, an 

17   act to amend the Executive Law;

18                Senate 2486A, by Senator LaValle, 

19   an act to amend the Executive Law; 

20                Senate 2612, by Senator Young, an 

21   act to amend the Executive Law; 

22                Senate 3382A, by Senator 

23   Hassell-Thompson, an act to amend the Tax Law; 

24                Senate 3582, by Senator Robach, an 

25   act to amend the Correction Law; 


                                                               3588

 1                Senate 3697, by Senator Ritchie, an 

 2   act to amend the Correction Law; 

 3                Senate 4165, by Senator Lanza, an 

 4   act to amend the Correction Law; 

 5                Senate 4229, by Senator Golden, an 

 6   act to amend the Civil Service Law; 

 7                Senate 5423, by Senator Ritchie, an 

 8   act to amend the Correction Law; 

 9                Senate 5542, by Senator Griffo, an 

10   act to amend the Executive Law; 

11                Senate 5935A, by Senator Maziarz, 

12   an act to amend the Retirement and Social 

13   Security Law; 

14                Senate 6765, by Senator Marchione, 

15   an act to amend the Executive Law; 

16                Senate 6877B, by Senator Grisanti, 

17   an act to amend the Penal Law; 

18                Senate 6951, by Senator Griffo, an 

19   act to amend the Public Health Law; 

20                Senate 7120, by Senator Golden, an 

21   act to amend the Retirement and Social Security 

22   Law; 

23                Senate 7410, by Senator Sanders, an 

24   act to amend the Vehicle and Traffic Law; 

25                Senate 7418, by Senator Sanders, an 


                                                               3589

 1   act to amend the Penal Law; 

 2                Senate 7541, by Senator Hoylman, an 

 3   act to amend the Penal Law; 

 4                Senate 7581, by Senator Espaillat, 

 5   an act to amend the Executive Law; 

 6                Senate 7616, by Senator Larkin, an 

 7   act to authorize; 

 8                Senate 7623, by Senator Breslin, an 

 9   act to amend the Real Property Tax Law; 

10                Senate 7628A, by Senator Golden, an 

11   act to amend the Retirement and Social Security 

12   Law; 

13                And Senate 7683, by Senator 

14   O'Brien, an act to authorize.  

15                All bills reported direct to third 

16   reading.

17                ACTING PRESIDENT CARLUCCI:    

18   Senator LaValle.

19                SENATOR LaVALLE:   Mr. President, I 

20   move that we accept the report of the Rules 

21   Committee.

22                ACTING PRESIDENT CARLUCCI:   All in 

23   favor of accepting the report of the Rules 

24   Committee signify by saying aye.

25                (Response of "Aye.")


                                                               3590

 1                ACTING PRESIDENT CARLUCCI:    

 2   Opposed, nay.

 3                (No response.)

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   report is accepted.

 6                Senator LaValle.

 7                SENATOR LaVALLE:   Mr. President, 

 8   can we move to the noncontroversial reading of 

 9   the calendar.

10                ACTING PRESIDENT CARLUCCI:   The 

11   Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   21, by Senator Griffo, Senate Print 3008, an act 

14   to amend the Public Officers Law.

15                ACTING PRESIDENT CARLUCCI:   Read 

16   the last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect on the same date as a 

19   concurrent resolution.

20                ACTING PRESIDENT CARLUCCI:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT CARLUCCI:    

24   Announce the result.

25                THE SECRETARY:   Ayes, 53.  Nays, 


                                                               3591

 1   4.  Senators Hoylman, Krueger, Latimer and 

 2   Squadron recorded in the negative.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   66, substituted earlier by Member of the 

 7   Assembly Ryan, Assembly Print 8486, an act in 

 8   relation to service credit.

 9                ACTING PRESIDENT CARLUCCI:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT CARLUCCI:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT CARLUCCI:    

17   Announce the result.

18                THE SECRETARY:   Ayes, 57.

19                ACTING PRESIDENT CARLUCCI:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   79, by Senator Young, Senate Print 4336, an act 

23   to amend the Uniform Justice Court Act.

24                ACTING PRESIDENT CARLUCCI:   Read 

25   the last section.


                                                               3592

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT CARLUCCI:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT CARLUCCI:    

 7   Announce the result.

 8                THE SECRETARY:   Ayes, 57.

 9                ACTING PRESIDENT CARLUCCI:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   94, by Senator Ranzenhofer, Senate Print 3483, 

13   an act to amend the Alcoholic Beverage Control 

14   Law.

15                ACTING PRESIDENT CARLUCCI:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the 90th day.

19                ACTING PRESIDENT CARLUCCI:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT CARLUCCI:    

23   Announce the result.

24                THE SECRETARY:   Ayes, 56.  Nays, 

25   1.  Senator Ball recorded in the negative.


                                                               3593

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

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

 5   act to amend the Arts and Cultural Affairs Law.

 6                ACTING PRESIDENT CARLUCCI:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 4.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT CARLUCCI:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT CARLUCCI:    

14   Announce the result.

15                THE SECRETARY:   Ayes, 57.

16                ACTING PRESIDENT CARLUCCI:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   178, by Senator Ranzenhofer, Senate Print 4320, 

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

21   Law.

22                ACTING PRESIDENT CARLUCCI:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3594

 1                ACTING PRESIDENT CARLUCCI:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT CARLUCCI:    

 5   Announce the result.

 6                THE SECRETARY:   Ayes, 57.

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   180, by Senator Lanza, Senate Print 3606A, an 

11   act to amend the General Business Law.

12                ACTING PRESIDENT CARLUCCI:   Read 

13   the last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT CARLUCCI:   Call 

17   the roll.

18                (The Secretary called the roll.) 

19                ACTING PRESIDENT CARLUCCI:    

20   Announce the result.

21                THE SECRETARY:   Ayes, 55.  Nays, 

22   2.  Senators Krueger and Montgomery recorded in 

23   the negative.

24                ACTING PRESIDENT CARLUCCI:   The 

25   bill is passed.


                                                               3595

 1                THE SECRETARY:   Calendar Number 

 2   184, by Senator Lanza, Senate Print 4751B, an 

 3   act to amend the Social Services Law.

 4                ACTING PRESIDENT CARLUCCI:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 4.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT CARLUCCI:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CARLUCCI:    

12   Announce the result.

13                THE SECRETARY:   Ayes, 57.

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   240, substituted earlier by Member of the 

18   Assembly Braunstein, Assembly Print 9175A, an 

19   act to amend the Insurance Law.

20                ACTING PRESIDENT CARLUCCI:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT CARLUCCI:   Call 

25   the roll.


                                                               3596

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CARLUCCI:    

 3   Announce the result.

 4                THE SECRETARY:   Ayes, 57.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   248, by Senator Ranzenhofer, Senate Print 5111A, 

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

10   Law.

11                ACTING PRESIDENT CARLUCCI:   Read 

12   the last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT CARLUCCI:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT CARLUCCI:    

19   Announce the result.

20                THE SECRETARY:   Ayes, 57.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   276, by Senator Avella, Senate Print 725A, 

25   Concurrent Resolution of the Senate and 


                                                               3597

 1   Assembly.

 2                ACTING PRESIDENT CARLUCCI:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT CARLUCCI:    

 6   Senator Avella to explain his vote.

 7                SENATOR AVELLA:   Thank you, 

 8   Mr. President.

 9                You know, for the past four years 

10   we have worked in this chamber to make 

11   government more responsible for the people of 

12   this state.  The bill before us now would change 

13   the term of office for Senators and 

14   Assemblymembers from two to four years.  This is 

15   a bill that's supported by Common Cause, by 

16   Reinvent New York, Reinvent Albany as a good 

17   government measure.

18                You know, we're elected and we 

19   immediately start running for office again.  

20   This bill, changing the term of office, would 

21   give us more time to deliberate on the issues on 

22   behalf of all New Yorkers, and at the same time 

23   reduce the influence of big money on campaigns.  

24   It is, again, supported by Common Cause and 

25   Reinvent New York.


                                                               3598

 1                Thirty-eight states across the 

 2   country have four-year terms.  Of the 10 largest 

 3   states in terms of population, only three do not 

 4   have four-year terms, New York included.  Of the 

 5   top five states in the country in terms of 

 6   population, only New York has a two-year term as 

 7   opposed to the other top four.

 8                And it was interesting, in doing 

 9   the research on this bill, I came across a 

10   comment bill by a former Governor of this state, 

11   sort of -- and I'm paraphrasing -- saying 

12   exactly what I'm saying about the fact that we 

13   need more time other than the two years to 

14   really work on all the issues that we need to in 

15   this state.  That Governor mentioned that in his 

16   annual report in 1926, and it was Alfred E. 

17   Smith.  

18                So I want to thank the Majority 

19   Co-Leaders of the Senate, Senator Klein, 

20   Senator Skelos, for bringing this vote to the 

21   floor, and I also want to thank my colleagues 

22   for voting for this bill.

23                Thank you, Mr. President.

24                ACTING PRESIDENT CARLUCCI:    

25   Senator LaValle to explain his vote.


                                                               3599

 1                SENATOR LaVALLE:   Thank you, 

 2   Mr. President.

 3                In my I believe second term, I 

 4   sponsored the same bill as Senator Avella is 

 5   presenting today.  And I congratulate you, and I 

 6   concur with everything that you said.  

 7                This is a good-government bill.  It 

 8   will allow people to concentrate for a longer 

 9   period of time on doing the people's business.  

10   And it will, in terms of being out there all the 

11   time raising money, it will cut down on that.  

12                So I congratulate you, Senator 

13   Avella, on this bill.  And again, it's a 

14   good-government bill.  I vote aye.

15                ACTING PRESIDENT CARLUCCI:   Thank 

16   you, Senator LaValle.

17                Senator Hoylman.

18                SENATOR HOYLMAN:   Thank you, 

19   Mr. President.

20                I rise to oppose this bill.  While 

21   I appreciate the sentiments of the sponsor that 

22   we need more time to legislate, I think we 

23   should be looking at campaign finance reform in 

24   a comprehensive way, making certain that we 

25   lower spending limits, having public matching 


                                                               3600

 1   funds, addressing issues before we actually get 

 2   to office, before we start talking about padding 

 3   our terms and extending our terms here in this 

 4   Legislature.  

 5                So I'll be voting nay.

 6                ACTING PRESIDENT CARLUCCI:   Thank 

 7   you, Senator Hoylman.

 8                Senator Boyle to explain his vote.

 9                SENATOR BOYLE:   Mr. President, to 

10   explain my vote.  

11                I congratulate Senator Avella for 

12   this piece of legislation to increase our number 

13   of years in a term.  However, I think there 

14   needs to be term limits as part of that.  My 

15   bill would give four-year terms but limit us to 

16   three terms.  I'll have to vote against this, 

17   but I support the idea of four years.

18                Thank you.  

19                ACTING PRESIDENT CARLUCCI:   Thank 

20   you, Senator Boyle.

21                Senator Stavisky to explain her 

22   vote.

23                SENATOR STAVISKY:   I voted no 

24   because I agreed with a number of my colleagues.  

25   What is needed here is campaign finance reform, 


                                                               3601

 1   reform of our system of government.  

 2                And if people talk about term 

 3   limits, I say that a two-year term is the best 

 4   example, because the people come to the voters 

 5   every two years and ask for their contract to be 

 6   renewed, in a sense.

 7                So in the interest of I think 

 8   reform, government reform, the answer is 

 9   campaign finance reform and not helping people 

10   stay in office longer.

11                Thank you.

12                ACTING PRESIDENT CARLUCCI:   Thank 

13   you, Senator Stavisky.

14                Announce the result.

15                THE SECRETARY:   In relation to 

16   Calendar Number 276, those recorded in the 

17   negative are Senators Avella, Boyle --

18                (Laughter.)

19                ACTING PRESIDENT CARLUCCI:   The 

20   Secretary will --

21                THE SECRETARY:   In relation to 

22   Calendar Number 276, those recorded in the 

23   negative are Senators Ball, Boyle, Gallivan, 

24   Gianaris, Gipson, Hannon, Hoylman, Latimer, 

25   Maziarz, O'Brien, Perkins, Ranzenhofer, Ritchie, 


                                                               3602

 1   Robach, Sanders, Squadron, Stavisky and Tkaczyk.  

 2                Ayes, 39.  Nays, 18.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   resolution is passed.

 5                THE SECRETARY:   Calendar Number 

 6   290, by Senator Dilan, Senate Print 392, an act 

 7   to amend the Highway Law.

 8                ACTING PRESIDENT CARLUCCI:   Read 

 9   the last section.

10                THE SECRETARY:   Section 5.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT CARLUCCI:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT CARLUCCI:    

16   Announce the result.

17                THE SECRETARY:   Ayes, 57.

18                ACTING PRESIDENT CARLUCCI:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   329, by Senator Libous, Senate Print 3785B, an 

22   act to amend the Retirement and Social Security 

23   Law.

24                ACTING PRESIDENT CARLUCCI:   Read 

25   the last section.


                                                               3603

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT CARLUCCI:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT CARLUCCI:    

 7   Announce the result.

 8                THE SECRETARY:   Ayes, 57.

 9                ACTING PRESIDENT CARLUCCI:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   388, by Senator Golden, Senate Print 3867A, an 

13   act to amend the Retirement and Social Security 

14   Law.

15                ACTING PRESIDENT CARLUCCI:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT CARLUCCI:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT CARLUCCI:    

23   Announce the result.

24                THE SECRETARY:   Ayes, 56.  Nays, 

25   1.  Senator Krueger recorded in the negative.


                                                               3604

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   390, by Senator Golden, Senate Print 6757A, an 

 5   act to amend the Retirement and Social Security 

 6   Law.

 7                ACTING PRESIDENT CARLUCCI:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT CARLUCCI:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT CARLUCCI:    

15   Announce the result.

16                THE SECRETARY:   Ayes, 57.

17                ACTING PRESIDENT CARLUCCI:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   401, by Senator Gallivan, Senate Print 6869, an 

21   act to amend the State Administrative Procedure 

22   Act.

23                ACTING PRESIDENT CARLUCCI:   Read 

24   the last section.

25                THE SECRETARY:   Section 4.  This 


                                                               3605

 1   act shall take effect immediately.

 2                ACTING PRESIDENT CARLUCCI:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT CARLUCCI:    

 6   Announce the result.

 7                THE SECRETARY:   Ayes, 57.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   416, by Senator Lanza, Senate Print 2142, an act 

12   too prohibit.

13                SENATOR GIANARIS:   Lay it aside.

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is laid aside.

16                THE SECRETARY:   Calendar Number 

17   436, substituted earlier by Member of the 

18   Assembly Braunstein, Assembly Print Number 

19   2089B, an act to amend the Education Law.

20                ACTING PRESIDENT CARLUCCI:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT CARLUCCI:   Call 

25   the roll.


                                                               3606

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CARLUCCI:    

 3   Senator Marchione to explain her vote.

 4                SENATOR MARCHIONE:   Thank you, 

 5   Mr. President.

 6                You know, this legislation 

 7   strengthens the Campus Safety Act of 1999 by 

 8   requiring that all violent felons and missing 

 9   persons be reported to law enforcement within a 

10   24-hour period after being reported to the 

11   college.

12                You know, today in the Times Union, 

13   at a trial it supported this legislation because 

14   it says that we must end campus secrets.  

15                By strengthening the Campus Safety 

16   Act, this bipartisan legislation ensures that 

17   felonies committed on a college campus are 

18   promptly and accurately reported to local law 

19   enforcement to ensure the perpetrators are 

20   punished, victims are protected, and that they 

21   see justice.  

22                This bill is in memory of Suzanne 

23   Lyall and any individual who has been a victim 

24   of violent crime on a campus or gone missing on 

25   a campus.


                                                               3607

 1                I want to recognize today Suzanne 

 2   Lyall's parents -- they're sitting in the 

 3   front -- Doug and Mary, for their courageous and 

 4   tireless advocacy on this issue.  I'm honored 

 5   that Doug and Mary are here with us today, and I 

 6   want you to know that we who serve in this 

 7   chamber, and all New Yorkers, thank you for your 

 8   advocacy and courage in championing the critical 

 9   cause of campus safety.  

10                We can and we should -- we must -- 

11   do everything we can to make sure make our 

12   colleges and universities as safe as possible.  

13   This means ensuring violent crimes are reported 

14   swiftly to law enforcement.  I was very proud to 

15   partner with Assemblyman Braunstein and work in 

16   a bipartisan process to pass this important 

17   legislation.  

18                Again, I thank my colleagues for 

19   their support of this bill.  

20                ACTING PRESIDENT CARLUCCI:   Thank 

21   you, Senator Marchione.

22                Senator Farley to explain his vote.

23                SENATOR FARLEY:   Yes, thank you, 

24   Mr. President.  

25                I rise in support of this, and I 


                                                               3608

 1   want to pay tribute to the Lyalls, that are here 

 2   with us in the chamber, who have devoted their 

 3   life -- they lost their daughter, who was a 

 4   student at the university where I taught for 

 5   many, many years.  But they have devoted their 

 6   life to this cause of missing people.  And the 

 7   Lyall family, even though the heartache they've 

 8   suffered over the years with the loss of their 

 9   daughter, who has never been found -- it's one 

10   of the great mysteries of crime in our area and 

11   one of the saddest stories I think I could ever 

12   relate.  

13                But I think it's remarkable that 

14   this family that is here, the Lyalls, have 

15   devoted their life to this cause.  And I applaud 

16   them for it.  They are my constituents now in 

17   the town of Milton.  

18                And I applaud you for what you've 

19   done.  And I know it's not easy, what you have 

20   tried to do, but you have been relentless in 

21   pursuing this cause, particularly for missing 

22   women that have been murdered and taken from our 

23   campuses throughout this state.  Thank you for 

24   what you've done over the years.

25                ACTING PRESIDENT CARLUCCI:   Thank 


                                                               3609

 1   you, Senator Farley.

 2                Senator Zeldin to explain his vote.

 3                SENATOR ZELDIN:   It's an honor to 

 4   stand up today for this particular piece of 

 5   legislation.  As an intern, as a freshman 

 6   working for Senator Ken LaValle attending the 

 7   State University of New York at Albany, I had 

 8   the opportunity to work with Doug and Mary Lyall 

 9   organizing candlelight vigils on campus, and it 

10   was really quite an effort.  

11                I remember Assemblyman Jim Tedisco 

12   working real hard to try to get Suzanne's Law 

13   passed in the Assembly.  Fast-forwarding 

14   16 years to today being with you here in the 

15   chamber, remembering my time with 

16   Senator LaValle working on this bill, working on 

17   Suzanne's Law many years ago, I still have 

18   Suzanne in my thoughts and prayers, your family.  

19   You've been through a lot.  You really have led 

20   a movement nationally.  And I proudly rise in 

21   support of this legislation today.

22                ACTING PRESIDENT CARLUCCI:   Thank 

23   you, Senator Zeldin.

24                Are there any other Senators 

25   wishing to explain their vote?


                                                               3610

 1                Senator Hoylman.

 2                SENATOR HOYLMAN:   Thank you, 

 3   Mr. President.  I rise to thank the sponsor for 

 4   her leadership on this issue.  

 5                In my district very recently, a 

 6   student in November fell between two buildings 

 7   and was trapped for 36 hours.  Thankfully, he 

 8   survived.  But there were questions as to 

 9   whether the university, NYU, had reported the 

10   incident in a timely fashion to local police.

11                This bill will mandate that, and 

12   I'm very grateful to be supporting this bill and 

13   hoping that this body shall support it as well.  

14                Thank you, Mr. President.

15                ACTING PRESIDENT CARLUCCI:   Thank 

16   you, Senator Hoylman.

17                Are there other Senators wishing to 

18   explain their vote?  

19                Seeing none, the Secretary will 

20   announce the result.

21                THE SECRETARY:   Ayes, 57.

22                ACTING PRESIDENT CARLUCCI:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   437, by Senator Ball, Senate Print 5205, an act 


                                                               3611

 1   to amend the Education Law.

 2                ACTING PRESIDENT CARLUCCI:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 7.  This 

 5   act shall take effect on the 90th day.

 6                ACTING PRESIDENT CARLUCCI:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT CARLUCCI:    

10   Announce the result.

11                THE SECRETARY:   Ayes, 57.

12                ACTING PRESIDENT CARLUCCI:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   441, by Senator Martins, Senate Print 5160B, an 

16   act to repeal certain provisions.

17                ACTING PRESIDENT CARLUCCI:   Read 

18   the last section.

19                THE SECRETARY:   Section 39.  This 

20   act shall take effect on the 60th day.

21                ACTING PRESIDENT CARLUCCI:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT CARLUCCI:    

25   Announce the result.


                                                               3612

 1                THE SECRETARY:   Ayes, 57.

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   442, substituted earlier by Member of the 

 6   Assembly Hevesi, Assembly Print 7187, an act to 

 7   amend the General Municipal Law.

 8                ACTING PRESIDENT CARLUCCI:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT CARLUCCI:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT CARLUCCI:    

16   Announce the result.

17                THE SECRETARY:   Ayes, 57.

18                ACTING PRESIDENT CARLUCCI:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   466, by Senator Ball, Senate Print 2578, an act 

22   to amend the Penal Law.

23                ACTING PRESIDENT CARLUCCI:   Read 

24   the last section.

25                THE SECRETARY:   Section 3.  This 


                                                               3613

 1   act shall take effect immediately.

 2                ACTING PRESIDENT CARLUCCI:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT CARLUCCI:    

 6   Announce the result.

 7                THE SECRETARY:   Ayes, 56.  Nays, 

 8   1.  Senator Montgomery recorded in the negative.

 9                ACTING PRESIDENT CARLUCCI:   The 

10   bill is passed.

11                THE SECRETARY:   Also Senator 

12   Perkins.  Ayes, 55.  Nays, 2.

13                ACTING PRESIDENT CARLUCCI:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   467, by Senator Young, Senate Print 2599, an act 

17   to amend the Penal Law.

18                ACTING PRESIDENT CARLUCCI:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the first of November.

22                ACTING PRESIDENT CARLUCCI:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT CARLUCCI:    


                                                               3614

 1   Announce the result.

 2                THE SECRETARY:   Ayes, 57.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   472, by Senator Boyle, Senate Print 5946A, an 

 7   act to amend the Penal Law.

 8                ACTING PRESIDENT CARLUCCI:   Read 

 9   the last section.

10                THE SECRETARY:   Section 4.  This 

11   act shall take effect on the 180th day.

12                ACTING PRESIDENT CARLUCCI:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT CARLUCCI:    

16   Announce the result.

17                THE SECRETARY:   Ayes, 57.

18                ACTING PRESIDENT CARLUCCI:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   487, substituted earlier by Member of the 

22   Assembly Millman, Assembly Print Number 9067, an 

23   act to amend the Elder Law.

24                ACTING PRESIDENT CARLUCCI:   Read 

25   the last section.


                                                               3615

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT CARLUCCI:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT CARLUCCI:    

 7   Announce the result.

 8                THE SECRETARY:   Ayes, 57.

 9                ACTING PRESIDENT CARLUCCI:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   497, by Senator DeFrancisco, Senate Print 2789, 

13   an act to amend the Election Law.

14                ACTING PRESIDENT CARLUCCI:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT CARLUCCI:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT CARLUCCI:   

22   Announce the result.

23                THE SECRETARY:   Ayes, 57.  

24                ACTING PRESIDENT CARLUCCI:   The 

25   bill is passed.


                                                               3616

 1                THE SECRETARY:   Calendar Number 

 2   501, by Senator Grisanti, Senate Print 2129, an 

 3   act to amend the Agriculture and Markets Law.

 4                ACTING PRESIDENT CARLUCCI:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT CARLUCCI:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CARLUCCI:    

12   Senator Grisanti to explain his vote.

13                SENATOR GRISANTI:   Yes, thank you, 

14   Mr. President, briefly. 

15                You know, this bill was passed 

16   before.  And with the increased penalties of 

17   aggravated cruelty on an animal, believe it or 

18   not, you get a lot of information when it comes 

19   to a piece of legislation like this.

20                My colleagues, you would not 

21   believe the correlation between those that are 

22   young that abuse animals and what happens down 

23   the road in their life, abusing a brother or 

24   sister, mother or father, boyfriend, girlfriend.  

25   It's amazing the correlation at such a young 


                                                               3617

 1   age.  

 2                What this piece of legislation 

 3   does -- and it's known as Phoenix's Law after a 

 4   couple of teenagers decided it would be a kick 

 5   to actually light a Jack Russell terrier on fire 

 6   and watch him run around, and the penalty for 

 7   doing something like that was a slap on the 

 8   wrist.  Slap on the wrist.

 9                This bill not only increases the 

10   penalties, but it gets those individuals 

11   mandatory psychiatric help.  Because if somebody 

12   does something like that, you need psychiatric 

13   help.  You need to have an evaluation.  And that 

14   evaluation may help them to understand to not do 

15   this crime again.  And hopefully it does just 

16   that.  

17                So we hope it gets passed in the 

18   Assembly and we fulfill this pledge to harmed 

19   animals.  Believe me, there's a correlation; it 

20   will stop future crimes against persons and 

21   hopefully against animals in the future.  

22                I vote aye, Mr. President.

23                ACTING PRESIDENT CARLUCCI:   Thank 

24   you, Senator Grisanti.

25                The Secretary will announce the 


                                                               3618

 1   result.

 2                THE SECRETARY:   Ayes, 55.  Nays, 

 3   2.  Senators Montgomery and Perkins recorded in 

 4   the negative.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   503, by Senator Young, Senate Print 2621, an act 

 9   to amend the Agriculture and Markets Law.

10                ACTING PRESIDENT CARLUCCI:   Read 

11   the last section.

12                THE SECRETARY:   Section 5.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT CARLUCCI:   Call 

15   the roll.

16                (The Secretary called the roll.) 

17                ACTING PRESIDENT CARLUCCI:   The 

18   Secretary will announce the result.

19                THE SECRETARY:   In relation to 

20   Calendar 503, those recorded in the negative are 

21   Senators Avella, Ball, Carlucci, Dilan, 

22   Gianaris, Gipson, Hannon, Hoylman, Klein, 

23   Krueger, Latimer, LaValle, Marcellino, Perkins, 

24   Rivera, Sanders, Serrano, Squadron, Stavisky and 

25   Stewart-Cousins.  


                                                               3619

 1                Ayes, 36.  Nays, 19.

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   bill is passed.

 4                THE SECRETARY:   Ayes, 38.  Nays, 

 5   19.

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   Secretary will reannounce the result.

 8                THE SECRETARY:   In relation to 

 9   Calendar 503, those recorded in the negative are 

10   Senators Avella, Ball, Carlucci, Dilan, 

11   Gianaris, Gipson, Hannon, Hoylman, Klein, 

12   Krueger, Latimer, LaValle, Marcellino, Martins, 

13   Perkins, Rivera, Sanders, Savino, Serrano, 

14   Squadron, Stavisky and Stewart-Cousins.

15                Ayes, 35.  Nays, 22.

16                ACTING PRESIDENT CARLUCCI:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   511, by Senator Ritchie, Senate Print 1948, an 

20   act to amend the Vehicle and Traffic Law.

21                ACTING PRESIDENT CARLUCCI:   Read 

22   the last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect on the 180th day.

25                ACTING PRESIDENT CARLUCCI:   Call 


                                                               3620

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT CARLUCCI:    

 4   Announce the result.

 5                THE SECRETARY:   Ayes, 57.

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   513, by Senator Ball, Senate Print 5969A, an act 

10   to amend the Vehicle and Traffic Law.

11                ACTING PRESIDENT CARLUCCI:   Read 

12   the last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect on the 180th day.  

15                ACTING PRESIDENT CARLUCCI:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT CARLUCCI:    

19   Announce the result.

20                THE SECRETARY:   Ayes, 57.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                Reannounce the result.

24                THE SECRETARY:   Ayes 56.  Nays, 1.  

25   Senator Perkins recorded in the negative.


                                                               3621

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   520, substituted earlier by Member of the 

 5   Assembly Lentol, Assembly Print 1582A, an act to 

 6   amend the Tax Law.

 7                ACTING PRESIDENT CARLUCCI:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT CARLUCCI:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT CARLUCCI:    

15   Announce the result.

16                THE SECRETARY:   Ayes, 57.

17                ACTING PRESIDENT CARLUCCI:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   548, by Senator Golden, Senate Print 7008A, an 

21   act to amend the Administrative Code of the City 

22   of New York.

23                ACTING PRESIDENT CARLUCCI:   Read 

24   the last section.

25                THE SECRETARY:   Section 3.  This 


                                                               3622

 1   act shall take effect immediately.

 2                ACTING PRESIDENT CARLUCCI:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT CARLUCCI:    

 6   Announce the result.

 7                THE SECRETARY:   Ayes, 57.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   569, by Senator Larkin, Senate Print 285A, an 

12   act to amend the Criminal Procedure Law.

13                ACTING PRESIDENT CARLUCCI:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT CARLUCCI:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT CARLUCCI:    

21   Announce the result.

22                THE SECRETARY:   In relation to 

23   Calendar 569, those recorded in the negative are 

24   Senators Dilan, Krueger, Montgomery, Perkins and 

25   Rivera.


                                                               3623

 1                Ayes, 52.  Nays, 5.

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   578, by Senator Larkin, Senate Print 3530, an 

 6   act to amend the Criminal Procedure Law.

 7                ACTING PRESIDENT CARLUCCI:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT CARLUCCI:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT CARLUCCI:    

15   Announce the result.

16                THE SECRETARY:   In relation to 

17   Calendar 578, those recorded in the negative are 

18   Senators Dilan, Hoylman, Krueger, Montgomery, 

19   Perkins and Rivera.  

20                Ayes, 51.  Nays, 6.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   579, by Senator Lanza, Senate Print 3600, an act 

25   to amend the Criminal Procedure Law.


                                                               3624

 1                ACTING PRESIDENT CARLUCCI:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the first of November.

 5                ACTING PRESIDENT CARLUCCI:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT CARLUCCI:    

 9   Announce the result.

10                THE SECRETARY:   In relation to 

11   Calendar 579, those recorded in the negative are 

12   Senators Dilan, Krueger, Montgomery, Perkins and 

13   Tkaczyk.

14                Ayes, 52.  Nays, 5.

15                ACTING PRESIDENT CARLUCCI:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   582, by Senator LaValle, Senate Print 4580, an 

19   act to amend the Criminal Procedure Law.

20                ACTING PRESIDENT CARLUCCI:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT CARLUCCI:   Call 

25   the roll.


                                                               3625

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CARLUCCI:    

 3   Announce the result.

 4                THE SECRETARY:   In relation to 

 5   Calendar 582, those recorded in the negative are 

 6   Senators Dilan, Hoylman, Krueger, Montgomery, 

 7   Perkins, Rivera and Tkaczyk.

 8                Ayes, 50.  Nays, 7.

 9                ACTING PRESIDENT CARLUCCI:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   583, by Senator Gallivan, Senate Print 4985, an 

13   act to amend the Criminal Procedure Law.

14                ACTING PRESIDENT CARLUCCI:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT CARLUCCI:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT CARLUCCI:    

22   Announce the result.

23                THE SECRETARY:   In relation to 

24   Calendar 583, those recorded in the negative are 

25   Senators Dilan, Hoylman, Krueger, Montgomery, 


                                                               3626

 1   Perkins, Rivera and Squadron.

 2                Ayes, 50.  Nays, 7.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   587, substituted earlier by Member of the 

 7   Assembly Galef, Assembly Print 9330, an act to 

 8   amend the Criminal Procedure Law.

 9                ACTING PRESIDENT CARLUCCI:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT CARLUCCI:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT CARLUCCI:    

17   Announce the result.

18                THE SECRETARY:   In relation to 

19   Calendar 587, those recorded in the negative are 

20   Senators Dilan, Hoylman, Krueger, Montgomery and 

21   Perkins.

22                Ayes, 52.  Nays, 5.

23                ACTING PRESIDENT CARLUCCI:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3627

 1   691, by Senator Grisanti, Senate Print 868A, an 

 2   act to amend the Education Law.

 3                ACTING PRESIDENT CARLUCCI:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 3 --

 6                SENATOR GIANARIS:   Lay it aside.

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   bill is laid aside.

 9                THE SECRETARY:   Calendar Number 

10   710, by Senator Robach, Senate Print 1017A, an 

11   act to amend the Executive Law.

12                ACTING PRESIDENT CARLUCCI:   Read 

13   the last section.

14                THE SECRETARY:   Section 5.  This 

15   act shall take effect on the 90th day.

16                ACTING PRESIDENT CARLUCCI:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT CARLUCCI:    

20   Announce the result.

21                THE SECRETARY:   Ayes, 57.

22                ACTING PRESIDENT CARLUCCI:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   744, by Senator Little, Senate Print 6948, an 


                                                               3628

 1   act making certain findings.

 2                ACTING PRESIDENT CARLUCCI:   There 

 3   is a home-rule message at the desk.

 4                Read the last section.

 5                THE SECRETARY:   Section 5.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT CARLUCCI:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT CARLUCCI:    

11   Announce the result.

12                THE SECRETARY:   Ayes, 56.  Nays, 

13   1.  Senator Ball recorded in the negative.

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   749, by Senator Flanagan, Senate Print 1456, an 

18   act to amend the Penal Law.

19                ACTING PRESIDENT CARLUCCI:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the first of November.

23                ACTING PRESIDENT CARLUCCI:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               3629

 1                ACTING PRESIDENT CARLUCCI:    

 2   Announce the result.

 3                THE SECRETARY:   Ayes, 55.  Nays, 

 4   2.  Senators Montgomery and Perkins recorded in 

 5   the negative.

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   761, by Senator Marchione, Senate Print 6474, an 

10   act to amend the Penal Law.

11                ACTING PRESIDENT CARLUCCI:   Read 

12   the last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect on the first of November.

15                ACTING PRESIDENT CARLUCCI:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT CARLUCCI:    

19   Announce the result.

20                THE SECRETARY:   Ayes, 55.  Nays, 

21   2.  Senators Montgomery and Perkins recorded in 

22   the negative.

23                ACTING PRESIDENT CARLUCCI:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3630

 1   762, by Senator Klein, Senate Print 6634C, an 

 2   act to amend the Penal Law.

 3                SENATOR VALESKY:   Lay the bill 

 4   aside for the day, please.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is laid aside for the day.

 7                THE SECRETARY:   Calendar Number 

 8   763, by Senator Gallivan, Senate Print 7045, an 

 9   act to amend the Penal Law.

10                ACTING PRESIDENT CARLUCCI:   Read 

11   the last section.

12                THE SECRETARY:   Section 6.  This 

13   act shall take effect on the first of January.

14                ACTING PRESIDENT CARLUCCI:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT CARLUCCI:    

18   Announce the result.

19                THE SECRETARY:   Ayes, 57.

20                ACTING PRESIDENT CARLUCCI:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   784, by Senator Libous, Senate Print 4096, an 

24   act to authorize.

25                ACTING PRESIDENT CARLUCCI:   There 


                                                               3631

 1   is a home-rule message at the desk.

 2                Read the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT CARLUCCI:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT CARLUCCI:    

 9   Announce the result.

10                THE SECRETARY:   Ayes, 57.

11                ACTING PRESIDENT CARLUCCI:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   787, by Senator Carlucci, Senate Print 5058B, an 

15   act to authorize.

16                ACTING PRESIDENT CARLUCCI:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT CARLUCCI:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT CARLUCCI:    

24   Announce the result.

25                THE SECRETARY:   In relation to 


                                                               3632

 1   Calendar 787, those recorded in the negative are 

 2   Senators Gipson, Krueger, Montgomery, O'Brien, 

 3   Peralta, Perkins, Rivera, Sanders, Serrano and 

 4   Stavisky.

 5                Ayes, 47.  Nays, 10.

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   788, by Senator Flanagan, Senate Print 5153A, an 

10   act to amend the Retirement and Social Security 

11   Law.

12                ACTING PRESIDENT CARLUCCI:   There 

13   is a home-rule message at the desk.

14                Read the last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT CARLUCCI:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT CARLUCCI:    

21   Announce the result.

22                THE SECRETARY:   Ayes, 57.  Nays, 

23   1.  Senator Perkins recorded in the negative.

24                ACTING PRESIDENT CARLUCCI:   The 

25   bill is passed.


                                                               3633

 1                THE SECRETARY:   Calendar Number 

 2   802, substituted earlier by Member of the 

 3   Assembly Abbate, Assembly Print 9540A, an act to 

 4   amend the Civil Service Law.

 5                ACTING PRESIDENT CARLUCCI:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT CARLUCCI:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT CARLUCCI:    

13   Announce the result.

14                THE SECRETARY:   Ayes, 58.

15                ACTING PRESIDENT CARLUCCI:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   803, by Senator Ball, Senate Print 2798, an act 

19   to amend the Agriculture and Markets Law.

20                SENATOR GIANARIS:   Lay it aside.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is laid aside.

23                THE SECRETARY:   Calendar Number 

24   815, by Senator Marcellino, Senate Print 1503A, 

25   an act to amend the Vehicle and Traffic Law.


                                                               3634

 1                ACTING PRESIDENT CARLUCCI:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect on the first of November.

 5                ACTING PRESIDENT CARLUCCI:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT CARLUCCI:    

 9   Announce the result.

10                THE SECRETARY:   Ayes, 58.

11                ACTING PRESIDENT CARLUCCI:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   819, by Senator Marcellino, Senate Print 3718A, 

15   an act to amend the Vehicle and Traffic Law.

16                ACTING PRESIDENT CARLUCCI:   Read 

17   the last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect on the 60th day.

20                ACTING PRESIDENT CARLUCCI:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT CARLUCCI:    

24   Announce the result.

25                THE SECRETARY:   Ayes, 55.  Nays, 


                                                               3635

 1   3.  Senators Ball, Marchione and Zeldin recorded 

 2   in the negative.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   837, by Senator Young, Senate Print 2625B, an 

 7   act to amend the Executive Law.

 8                ACTING PRESIDENT CARLUCCI:   Read 

 9   the last section.

10                THE SECRETARY:   Section 16.  This 

11   act shall take effect on the first of January.

12                ACTING PRESIDENT CARLUCCI:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT CARLUCCI:    

16   Announce the result.

17                THE SECRETARY:   Ayes, 55.  Nays, 

18   3.  Senators Krueger, Montgomery and Perkins 

19   recorded in the negative.

20                ACTING PRESIDENT CARLUCCI:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   856, by Senator Little, Senate Print 6332A, an 

24   act to amend the Executive Law.

25                ACTING PRESIDENT CARLUCCI:   Read 


                                                               3636

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT CARLUCCI:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT CARLUCCI:    

 8   Announce the result.

 9                THE SECRETARY:   Ayes, 58.

10                ACTING PRESIDENT CARLUCCI:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   857, substituted earlier by Member of the 

14   Assembly Stec, Assembly Print Number 8703, an 

15   act to amend the Executive Law.

16                ACTING PRESIDENT CARLUCCI:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT CARLUCCI:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT CARLUCCI:    

24   Announce the result.

25                THE SECRETARY:   Ayes, 58.


                                                               3637

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   860, substituted earlier by Member of the 

 5   Assembly Duprey, Assembly Print 9242, an act to 

 6   amend the Executive Law.

 7                ACTING PRESIDENT CARLUCCI:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT CARLUCCI:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT CARLUCCI:    

15   Announce the result.

16                THE SECRETARY:   Ayes, 58.

17                ACTING PRESIDENT CARLUCCI:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   861, by Senator Farley, Senate Print 6905, an 

21   act to amend the Executive Law.

22                ACTING PRESIDENT CARLUCCI:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3638

 1                ACTING PRESIDENT CARLUCCI:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT CARLUCCI:    

 5   Announce the result.

 6                THE SECRETARY:   Ayes, 58.

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   885, substituted earlier by Member of the 

11   Assembly Magee, Assembly Print Number 8324A, an 

12   act to amend the Real Property Tax Law.

13                ACTING PRESIDENT CARLUCCI:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT CARLUCCI:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT CARLUCCI:    

21   Announce the result.

22                THE SECRETARY:   Ayes, 58.

23                ACTING PRESIDENT CARLUCCI:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3639

 1   891, by Senator Maziarz, Senate Print 7026A, an 

 2   act to amend the Real Property Tax Law.

 3                ACTING PRESIDENT CARLUCCI:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 4.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT CARLUCCI:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT CARLUCCI:    

11   Announce the result.

12                THE SECRETARY:   Ayes, 58.

13                ACTING PRESIDENT CARLUCCI:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   896, by Senator Flanagan, Senate Print 1450, an 

17   act to amend the Penal Law.

18                ACTING PRESIDENT CARLUCCI:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect on the first of November.

22                ACTING PRESIDENT CARLUCCI:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT CARLUCCI:    


                                                               3640

 1   Announce the result.

 2                THE SECRETARY:   Ayes, 56.  Nays, 

 3   2.  Senators Montgomery and Perkins recorded in 

 4   the negative.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   897, by Senator Marcellino, Senate Print 1508, 

 9   an act to amend the Penal Law.

10                ACTING PRESIDENT CARLUCCI:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the first of November.

14                ACTING PRESIDENT CARLUCCI:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT CARLUCCI:    

18   Announce the result.

19                THE SECRETARY:   In relation to 

20   Calendar Number 897, those recorded in the 

21   negative are Senators Gianaris, Hoylman, 

22   Krueger, Montgomery, Peralta, Perkins, Rivera, 

23   Sanders, Serrano and Squadron.  

24                Ayes, 48.  Nays, 10.

25                ACTING PRESIDENT CARLUCCI:   The 


                                                               3641

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   899, by Senator Lanza, Senate Print 2298, an act 

 4   to amend the Penal Law.

 5                ACTING PRESIDENT CARLUCCI:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 6.  This 

 8   act shall take effect on the 90th day.

 9                ACTING PRESIDENT CARLUCCI:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT CARLUCCI:    

13   Announce the result.

14                THE SECRETARY:   Ayes, 56.  Nays, 

15   2.  Senators Montgomery and Perkins recorded in 

16   the negative.

17                ACTING PRESIDENT CARLUCCI:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   900, by Senator Lanza, Senate Print 2468, an act 

21   to amend the Penal Law.

22                ACTING PRESIDENT CARLUCCI:   Read 

23   the last section.

24                THE SECRETARY:   Section 5.  This 

25   act shall take effect on the first of November.


                                                               3642

 1                ACTING PRESIDENT CARLUCCI:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT CARLUCCI:    

 5   Announce the result.

 6                THE SECRETARY:   In relation to 

 7   Calendar 900, those recorded in the negative are 

 8   Senators Krueger, Montgomery, Perkins and 

 9   Squadron.  

10                Ayes, 54.  Nays, 4.

11                ACTING PRESIDENT CARLUCCI:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   910, by Senator Farley, Senate Print 4350A, an 

15   act to amend the Banking Law.

16                ACTING PRESIDENT CARLUCCI:   Read 

17   the last section.

18                THE SECRETARY:   Section 15.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT CARLUCCI:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 58.

24                ACTING PRESIDENT CARLUCCI:   The 

25   bill is passed.


                                                               3643

 1                THE SECRETARY:   Calendar Number 

 2   911, by Senator Farley, Senate Print 7224, an 

 3   act to amend the Banking Law.

 4                ACTING PRESIDENT CARLUCCI:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT CARLUCCI:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CARLUCCI:    

12   Announce the result.

13                THE SECRETARY:   Ayes, 58.

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   926, by Senator Gallivan, Senate Print 7442, an 

18   act to amend the Public Service Law.

19                ACTING PRESIDENT CARLUCCI:   Read 

20   the last section.

21                THE SECRETARY:   Section 5.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT CARLUCCI:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               3644

 1                SENATOR LaVALLE:   Can we lay that 

 2   bill aside for the day.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   bill is laid aside for the day.

 5                THE SECRETARY:   Calendar Number 

 6   964, by Senator Valesky, Senate Print 6847A, an 

 7   act to amend the State Administrative Procedure 

 8   Act.

 9                ACTING PRESIDENT CARLUCCI:   Read 

10   the last section.

11                THE SECRETARY:   Section 11.  This 

12   act shall take effect on the 120th day.

13                ACTING PRESIDENT CARLUCCI:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 57.  Nays, 

17   1.  Senator Gipson recorded in the negative.

18                ACTING PRESIDENT CARLUCCI:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   965, by Senator Farley, Senate Print 7329, an 

22   act to amend the Economic Development Law.

23                ACTING PRESIDENT CARLUCCI:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3645

 1   act shall take effect immediately.

 2                ACTING PRESIDENT CARLUCCI:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT CARLUCCI:    

 6   Announce the result.

 7                THE SECRETARY:   Ayes, 58.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   987, by Senator Stewart-Cousins, Senate Print 

12   4888A, an act to authorize.

13                ACTING PRESIDENT CARLUCCI:   Read 

14   the last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT CARLUCCI:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT CARLUCCI:    

21   Announce the result.

22                THE SECRETARY:   Ayes, 58.

23                ACTING PRESIDENT CARLUCCI:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3646

 1   999, by Senator Savino, Senate Print 7493, an 

 2   act to amend the Civil Service Law.

 3                ACTING PRESIDENT CARLUCCI:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT CARLUCCI:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT CARLUCCI:    

11   Announce the result.

12                THE SECRETARY:   Ayes, 55.  Nays, 

13   3.  Senators Bonacic, Seward and Zeldin recorded 

14   in the negative.  Also Senator Marchione.  

15                Ayes, 54.  Nays, 4.

16                ACTING PRESIDENT CARLUCCI:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   1007, by Senator Felder, Senate Print 7213, an 

20   act to amend the Family Court Act.

21                ACTING PRESIDENT CARLUCCI:   Read 

22   the last section.

23                THE SECRETARY:   Section 5.  This 

24   act shall take effect on the 60th day.

25                ACTING PRESIDENT CARLUCCI:   Call 


                                                               3647

 1   the roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1024, by Senator Young, Senate Print 6665, an 

 8   act to amend the Social Services Law.

 9                ACTING PRESIDENT CARLUCCI:   Read 

10   the last section.

11                SENATOR LaVALLE:   Would you lay 

12   that bill aside for the day, please.

13                ACTING PRESIDENT CARLUCCI:   The 

14   bill is laid aside for the day.

15                THE SECRETARY:   Calendar Number 

16   1033, substituted earlier by Member of the 

17   Assembly Brindisi, Assembly Print Number 9472, 

18   an act to amend the Education Law.

19                ACTING PRESIDENT CARLUCCI:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT CARLUCCI:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               3648

 1                ACTING PRESIDENT CARLUCCI:    

 2   Announce the result.

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1036, by Senator Grisanti, Senate Print 7347, an 

 8   act to amend the Education Law.

 9                ACTING PRESIDENT CARLUCCI:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT CARLUCCI:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT CARLUCCI:    

17   Announce the result.

18                THE SECRETARY:   Ayes, 58.

19                ACTING PRESIDENT CARLUCCI:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   1069, by Senator Young, Senate Print 3848A, an 

23   act to amend the Tax Law.

24                ACTING PRESIDENT CARLUCCI:   Read 

25   the last section.


                                                               3649

 1                THE SECRETARY:   Section 5.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT CARLUCCI:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT CARLUCCI:    

 7   Announce the result.

 8                THE SECRETARY:   Ayes, 53.  Nays, 

 9   5.  Senators Krueger, Libous, Montgomery, 

10   Perkins and Sanders recorded in the negative.

11                ACTING PRESIDENT CARLUCCI:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   1084, substituted earlier by Member of the 

15   Assembly Lupardo, Assembly Print Number 8921, an 

16   act to amend the Social Services Law.

17                ACTING PRESIDENT CARLUCCI:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT CARLUCCI:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 57.  Nays, 

25   1.  Senator Gipson recorded in the negative.


                                                               3650

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1088, substituted earlier by Member of the 

 5   Assembly Gunther, Assembly Print Number 8924A, 

 6   an act to amend the Social Services Law.

 7                ACTING PRESIDENT CARLUCCI:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT CARLUCCI:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT CARLUCCI:    

15   Announce the result.

16                THE SECRETARY:   Ayes, 58.

17                ACTING PRESIDENT CARLUCCI:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   1096, by Senator Griffo, Senate Print 7217A, an 

21   act to amend the Alcoholic Beverage Control Law.

22                ACTING PRESIDENT CARLUCCI:   Read 

23   the last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect on the 30th day.


                                                               3651

 1                ACTING PRESIDENT CARLUCCI:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 57.  Nays, 

 5   1.  Senator Zeldin recorded in the negative.

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1164, substituted earlier by Member of the 

10   Assembly Magnarelli, Assembly Print 8991, an act 

11   to amend the General Municipal Law.

12                ACTING PRESIDENT CARLUCCI:   Read 

13   the last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect on the 180th day.

16                ACTING PRESIDENT CARLUCCI:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT CARLUCCI:    

20   Announce the result.

21                THE SECRETARY:   Ayes, 58.

22                ACTING PRESIDENT CARLUCCI:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   1184, by Senator Ranzenhofer, Senate Print 6891, 


                                                               3652

 1   an act to amend Chapter 439 of the Laws of 2008.

 2                ACTING PRESIDENT CARLUCCI:   There 

 3   is a home-rule message at the desk.

 4                Read the last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT CARLUCCI:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT CARLUCCI:    

11   Announce the result.

12                THE SECRETARY:   Ayes, 57.  Nays, 

13   1.  Senator Ball recorded in the negative.  

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   1185, substituted earlier by Member of the 

18   Assembly Roberts, Assembly Print 8021A, an act 

19   to amend the Vehicle and Traffic Law.

20                ACTING PRESIDENT CARLUCCI:   Read 

21   the last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect on the first of November.

24                ACTING PRESIDENT CARLUCCI:   Call 

25   the roll.


                                                               3653

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CARLUCCI:    

 3   Announce the result.

 4                THE SECRETARY:   Ayes, 58.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1193, substituted earlier by Member of the 

 9   Assembly Mayer, Assembly Print Number 9115, an 

10   act to amend Chapter 831 of the Laws of 1981.

11                ACTING PRESIDENT CARLUCCI:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT CARLUCCI:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT CARLUCCI:    

19   Announce the result.

20                THE SECRETARY:   Ayes, 58.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   1207, by Senator Robach, Senate Print 3770, an 

25   act --


                                                               3654

 1                SENATOR LIBOUS:   Lay it aside for 

 2   the day.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   bill is laid aside for the day.

 5                THE SECRETARY:   Calendar Number 

 6   1228, by Senator Grisanti, Senate Print 698, an 

 7   act to amend the Labor Law.

 8                ACTING PRESIDENT CARLUCCI:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT CARLUCCI:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT CARLUCCI:    

16   Announce the result.

17                THE SECRETARY:   Ayes, 58.

18                ACTING PRESIDENT CARLUCCI:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   1229, by Senator Martins, Senate Print 902, an 

22   act to amend the Labor Law.

23                ACTING PRESIDENT CARLUCCI:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3655

 1   act shall take effect immediately.

 2                ACTING PRESIDENT CARLUCCI:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT CARLUCCI:    

 6   Announce the result.

 7                THE SECRETARY:   Ayes, 58.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   1230, by Senator Maziarz, Senate Print 1187A, an 

12   act to amend the Public Authorities Law.

13                ACTING PRESIDENT CARLUCCI:   Read 

14   the last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT CARLUCCI:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT CARLUCCI:    

21   Announce the result.

22                THE SECRETARY:   Ayes, 57.  Nays, 

23   1.  Senator Zeldin recorded in the negative.

24                ACTING PRESIDENT CARLUCCI:   The 

25   bill is passed.


                                                               3656

 1                THE SECRETARY:   Calendar Number 

 2   1231, by Senator Carlucci, Senate Print 1205, an 

 3   act to amend the Real Property Tax Law.

 4                ACTING PRESIDENT CARLUCCI:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 120th day.

 8                ACTING PRESIDENT CARLUCCI:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CARLUCCI:    

12   Announce the result.

13                THE SECRETARY:   Ayes, 58.

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   1232, by Senator Grisanti, Senate Print 1593B, 

18   an act to amend the Executive Law.

19                ACTING PRESIDENT CARLUCCI:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT CARLUCCI:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               3657

 1                ACTING PRESIDENT CARLUCCI:    

 2   Announce the result.

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1233, by Senator Bonacic, Senate Print 1876A, an 

 8   act to amend the County Law.

 9                ACTING PRESIDENT CARLUCCI:   Read 

10   the last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT CARLUCCI:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT CARLUCCI:    

17   Announce the result.

18                THE SECRETARY:   Ayes, 56.  Nays, 

19   2.  Senators Krueger and Perkins recorded in the 

20   negative.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   1234, by Senator Parker, Senate Print 2838B, an 

25   act in relation to requiring.


                                                               3658

 1                ACTING PRESIDENT CARLUCCI:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT CARLUCCI:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT CARLUCCI:    

 9   Announce the result.

10                THE SECRETARY:   Ayes, 55.  Nays, 

11   3.  Senators Ball, Marcellino and O'Mara 

12   recorded in the negative.

13                ACTING PRESIDENT CARLUCCI:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   1235, by Senator Hannon, Senate Print 3054, an 

17   act to authorize.

18                ACTING PRESIDENT CARLUCCI:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT CARLUCCI:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT CARLUCCI:    


                                                               3659

 1   Announce the result.

 2                THE SECRETARY:   Ayes, 55.  Nays, 

 3   3.  Senators Bonacic, O'Mara and Sanders 

 4   recorded in the negative.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1236, by Senator Carlucci, Senate Print 3246, an 

 9   act to amend the State Administrative Procedure 

10   Act.

11                ACTING PRESIDENT CARLUCCI:   Read 

12   the last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT CARLUCCI:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT CARLUCCI:    

19   Announce the result.

20                THE SECRETARY:   Ayes, 58.

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                THE SECRETARY:   Calendar Number 

24   1237, by Senator DeFrancisco, Senate Print 3361, 

25   an act to amend the Labor Law.


                                                               3660

 1                ACTING PRESIDENT CARLUCCI:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 4.  This 

 4   act shall take effect on the 120th day.

 5                ACTING PRESIDENT CARLUCCI:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT CARLUCCI:    

 9   Announce the result.

10                THE SECRETARY:   Ayes, 58.

11                ACTING PRESIDENT CARLUCCI:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   1238, by Senator Hannon, Senate Print 3476A, an 

15   act authorizing.

16                ACTING PRESIDENT CARLUCCI:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT CARLUCCI:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT CARLUCCI:    

24   Announce the result.

25                THE SECRETARY:   Ayes, 55.  Nays, 


                                                               3661

 1   3.  Senators Bonacic, O'Mara and Sanders 

 2   recorded in the negative.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1239, by Senator Seward, Senate Print 3563, an 

 7   act to amend the Environmental Conservation Law.

 8                ACTING PRESIDENT CARLUCCI:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT CARLUCCI:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT CARLUCCI:   The 

16   Secretary will announce the result.

17                THE SECRETARY:   In relation to 

18   Calendar 1239, those recorded in the negative 

19   are Senators Gianaris, Gipson, Hoylman, Krueger, 

20   Montgomery, Perkins, Rivera, Sanders, Serrano, 

21   Squadron and Stavisky.

22                Ayes, 47.  Nays, 11.

23                ACTING PRESIDENT CARLUCCI:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3662

 1   1240, by Senator O'Mara, Senate Print 3592, an 

 2   act to amend the General Municipal Law.

 3                ACTING PRESIDENT CARLUCCI:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 120th day.

 7                ACTING PRESIDENT CARLUCCI:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT CARLUCCI:    

11   Announce the result.

12                THE SECRETARY:   Ayes, 58.

13                ACTING PRESIDENT CARLUCCI:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   1241, by Senator Lanza, Senate Print 3981B, an 

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

18                ACTING PRESIDENT CARLUCCI:   Read 

19   the last section.

20                THE SECRETARY:   Section 4.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT CARLUCCI:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT CARLUCCI:    


                                                               3663

 1   Announce the result.

 2                THE SECRETARY:   Ayes, 58.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1242, by Senator Lanza, Senate Print 3983, an 

 7   act to amend the Public Health Law.

 8                ACTING PRESIDENT CARLUCCI:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT CARLUCCI:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT CARLUCCI:    

16   Announce the result.

17                THE SECRETARY:   Ayes, 57.  Nays, 

18   1.  Senator Libous recorded in the negative.

19                ACTING PRESIDENT CARLUCCI:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   1243, by Senator DeFrancisco, Senate Print 4067, 

23   an act to amend the Social Services Law.

24                ACTING PRESIDENT CARLUCCI:   Read 

25   the last section.


                                                               3664

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect on the 60th day.

 3                ACTING PRESIDENT CARLUCCI:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT CARLUCCI:    

 7   Announce the result.

 8                THE SECRETARY:   Ayes, 57.  Nays, 

 9   1.  Senator Gipson recorded in the negative.

10                ACTING PRESIDENT CARLUCCI:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   1244, by Senator Robach, Senate Print 4095, an 

14   act to amend the State Finance Law.

15                ACTING PRESIDENT CARLUCCI:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT CARLUCCI:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT CARLUCCI:    

23   Announce the result.

24                THE SECRETARY:   Ayes, 57.  Nays, 

25   1.  Senator Krueger recorded in the negative.


                                                               3665

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1245, by Senator Young, Senate Print 4337B, an 

 5   act to amend the Public Health Law.

 6                ACTING PRESIDENT CARLUCCI:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect January 1, 2015.

10                ACTING PRESIDENT CARLUCCI:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT CARLUCCI:    

14   Announce the result.

15                THE SECRETARY:   Ayes, 58.

16                ACTING PRESIDENT CARLUCCI:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   1246, by Senator Klein, Senate Print 4461B, an 

20   act to amend the General Municipal Law.

21                ACTING PRESIDENT CARLUCCI:   There 

22   is a home-rule message at the desk.

23                The Secretary will read the last 

24   section.

25                THE SECRETARY:   Section 3.  This 


                                                               3666

 1   act shall take effect immediately.

 2                ACTING PRESIDENT CARLUCCI:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT CARLUCCI:    

 6   Announce the result.

 7                THE SECRETARY:   Ayes, 58.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   1247, by Senator Larkin, Senate Print 4714A, an 

12   act to amend the Retirement and Social Security 

13   Law.

14                ACTING PRESIDENT CARLUCCI:   Read 

15   the last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT CARLUCCI:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT CARLUCCI:    

22   Announce the result.

23                THE SECRETARY:   Ayes, 58.

24                ACTING PRESIDENT CARLUCCI:   The 

25   bill is passed.


                                                               3667

 1                THE SECRETARY:   Calendar Number 

 2   1248, by Senator Latimer, Senate Print 4848, an 

 3   act to amend the Education Law.

 4                ACTING PRESIDENT CARLUCCI:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT CARLUCCI:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CARLUCCI:    

12   Announce the result.

13                THE SECRETARY:   Ayes, 58.

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   1249, by Senator Lanza, Senate Print 4998, an 

18   act to amend the Environmental Conservation Law.

19                ACTING PRESIDENT CARLUCCI:   Read 

20   the last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT CARLUCCI:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               3668

 1                ACTING PRESIDENT CARLUCCI:    

 2   Announce the result.

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1250, by Senator Zeldin, Senate Print 5133, an 

 8   act to amend the Environmental Conservation Law.

 9                ACTING PRESIDENT CARLUCCI:   Read 

10   the last section.

11                THE SECRETARY:   Section 4.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT CARLUCCI:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT CARLUCCI:    

17   Announce the result.

18                THE SECRETARY:   Ayes, 57.  Nays, 

19   1.  Senator Serrano recorded in the negative.

20                ACTING PRESIDENT CARLUCCI:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   1251, by Senator Marcellino, Senate Print 5317, 

24   an act to amend the General Municipal Law.

25                ACTING PRESIDENT CARLUCCI:   Read 


                                                               3669

 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the 60th day.

 4                ACTING PRESIDENT CARLUCCI:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT CARLUCCI:    

 8   Announce the result.

 9                THE SECRETARY:   Ayes, 58.

10                ACTING PRESIDENT CARLUCCI:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   1253, substituted earlier by Member of the 

14   Assembly Ramos, Assembly Print Number 8033A, an 

15   act to authorize.

16                ACTING PRESIDENT CARLUCCI:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT CARLUCCI:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT CARLUCCI:    

24   Announce the result.

25                THE SECRETARY:   Ayes, 55.  Nays, 


                                                               3670

 1   3.  Senators Bonacic, Krueger and Sanders 

 2   recorded in the negative.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1254, by Senator Golden, Senate Print 6142 --

 7                SENATOR SERRANO:   Lay that bill 

 8   aside, please.

 9                ACTING PRESIDENT CARLUCCI:   The 

10   bill is laid aside.

11                THE SECRETARY:   Calendar Number 

12   1255, by Senator Grisanti, Senate Print 6164, an 

13   act to amend the Labor Law.

14                ACTING PRESIDENT CARLUCCI:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT CARLUCCI:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT CARLUCCI:    

22   Announce the result.

23                THE SECRETARY:   Ayes, 58.

24                ACTING PRESIDENT CARLUCCI:   The 

25   bill is passed.


                                                               3671

 1                THE SECRETARY:   Calendar Number 

 2   1256, by Senator Valesky, Senate Print 6360A, an 

 3   act to amend the Agriculture and Markets Law.

 4                ACTING PRESIDENT CARLUCCI:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 60th day.

 8                ACTING PRESIDENT CARLUCCI:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CARLUCCI:    

12   Announce the result.

13                THE SECRETARY:   Ayes, 58.

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   1257, substituted earlier by Member of the 

18   Assembly Markey, Assembly Print Number 8484A, an 

19   act to amend the General Municipal Law.

20                ACTING PRESIDENT CARLUCCI:   Read 

21   the last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect July 1, 2014.

24                ACTING PRESIDENT CARLUCCI:   Call 

25   the roll.


                                                               3672

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CARLUCCI:    

 3   Announce the result.

 4                THE SECRETARY:   Ayes, 58.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1258, by Senator Ranzenhofer, Senate Print 

 9   6478A, an act to repeal Chapter 154 of the Laws 

10   of 1921.

11                ACTING PRESIDENT CARLUCCI:   Read 

12   the last section.

13                THE SECRETARY:   Section 33.  This 

14   act shall take effect upon the enactment into 

15   law.

16                ACTING PRESIDENT CARLUCCI:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT CARLUCCI:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   1259, substituted earlier by Member of the 

24   Assembly Gunther, Assembly Print 1627A, an act 

25   to amend the Environmental Conservation Law.


                                                               3673

 1                ACTING PRESIDENT CARLUCCI:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT CARLUCCI:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT CARLUCCI:    

 9   Announce the result.

10                THE SECRETARY:   Ayes, 58.

11                ACTING PRESIDENT CARLUCCI:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   1260, by Senator Ball, Senate Print 6629, an act 

15   to amend the Labor Law.

16                ACTING PRESIDENT CARLUCCI:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT CARLUCCI:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT CARLUCCI:    

24   Announce the result.

25                THE SECRETARY:   Ayes, 58.


                                                               3674

 1                ACTING PRESIDENT CARLUCCI:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1262, substituted earlier by Member of the 

 5   Assembly Lentol, Assembly Print Number 9564, an 

 6   act to amend the General Municipal Law.

 7                ACTING PRESIDENT CARLUCCI:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT CARLUCCI:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT CARLUCCI:    

15   Announce the result.

16                THE SECRETARY:   Ayes, 58.

17                ACTING PRESIDENT CARLUCCI:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   1263, by Senator Marcellino, Senate Print 6848, 

21   an act to amend the Public Health Law.

22                ACTING PRESIDENT CARLUCCI:   Read 

23   the last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               3675

 1                ACTING PRESIDENT CARLUCCI:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT CARLUCCI:    

 5   Announce the result.

 6                THE SECRETARY:   Ayes, 57.  Nays, 

 7   1.  Senator Seward recorded in the negative.

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   1264, by Senator Flanagan, Senate Print 6959A, 

12   an act in relation to extending.

13                ACTING PRESIDENT CARLUCCI:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT CARLUCCI:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT CARLUCCI:    

21   Announce the result.

22                THE SECRETARY:   Ayes, 58.

23                ACTING PRESIDENT CARLUCCI:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3676

 1   1265, by Senator O'Mara, Senate Print 7047, an 

 2   act to amend the Agriculture and Markets Law.

 3                ACTING PRESIDENT CARLUCCI:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect on the 180th day.

 7                ACTING PRESIDENT CARLUCCI:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT CARLUCCI:    

11   Announce the result.

12                THE SECRETARY:   Ayes, 56.  Nays, 

13   2.  Senators Ball and Hannon recorded in the 

14   negative.

15                ACTING PRESIDENT CARLUCCI:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   1266, by Senator Gallivan, Senate Print 7050A, 

19   an act in relation to the Town of Eagle.

20                ACTING PRESIDENT CARLUCCI:   There 

21   is a home-rule message at the desk.

22                The Secretary will read the last 

23   section.

24                THE SECRETARY:   Section 5.  This 

25   act shall take effect immediately.


                                                               3677

 1                ACTING PRESIDENT CARLUCCI:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT CARLUCCI:    

 5   Announce the result.

 6                THE SECRETARY:   Ayes, 58.

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   1268, substituted earlier by Member of the 

11   Assembly Bronson, Assembly Print Number 9504, an 

12   act providing.

13                ACTING PRESIDENT CARLUCCI:   There 

14   is a home-rule message at the desk.

15                The Secretary will read the last 

16   section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT CARLUCCI:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT CARLUCCI:    

23   Announce the result.

24                THE SECRETARY:   Ayes, 58.

25                ACTING PRESIDENT CARLUCCI:   The 


                                                               3678

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1269, by Senator Grisanti, Senate Print 7111B, 

 4   an act to amend the Labor Law.

 5                ACTING PRESIDENT CARLUCCI:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the 90th day.

 9                ACTING PRESIDENT CARLUCCI:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT CARLUCCI:    

13   Senator Grisanti to explain his vote.

14                SENATOR GRISANTI:   Yes, thank you, 

15   Mr. President.

16                You know, this bill we passed last 

17   year.  It passed the Assembly.  Unfortunately, 

18   it was vetoed by the Governor.  But some changes 

19   have been made, so anything that you read about 

20   as far as what the opposition is is actually 

21   incorrect.  

22                This bill basically allows a leave 

23   of absence from a place of employment for 

24   volunteer firefighters and ambulance drivers who 

25   responded to Hurricane Sandy, Irene, Lee and 


                                                               3679

 1   September 11th.  Because believe it or not, when 

 2   some of those volunteer firemen and ambulance 

 3   drivers came back, they were fired.  They didn't 

 4   have a job to come back to.  

 5                All this bill does is protect them 

 6   from being able to respond to emergencies and 

 7   then coming back to their place of employment.  

 8   And if it's deemed by their employer, which is 

 9   what one of the changes were, that it places an 

10   undue hardship on the employer itself, then the 

11   employee is not able to go.  

12                This is not something where 

13   somebody could take off for, you know, a month, 

14   two months at a time and they're going to get 

15   paid.  It's somebody that has to respond 

16   immediately to help in assistance, moving 

17   equipment, do whatever needs to be done.  So for 

18   somebody in Erie County going to Suffolk County 

19   and vice versa, they're protected.  

20                So I vote aye, Mr. President.  It's 

21   a bill that we need to protect the firefighters 

22   and the ambulance and the EMTs that actually go 

23   and help out in emergencies.  

24                Thank you very much.

25                ACTING PRESIDENT CARLUCCI:   Thank 


                                                               3680

 1   you, Senator Grisanti.

 2                Are there other members wishing to 

 3   explain their vote?  

 4                Seeing none, the Secretary will 

 5   announce the result.

 6                THE SECRETARY:   Ayes, 56.  Nays, 

 7   2.  Senators DeFrancisco and Savino recorded in 

 8   the negative.

 9                ACTING PRESIDENT CARLUCCI:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   1270, by Senator Nozzolio, Senate Print 7191, an 

13   act to amend Chapter 159 of the Laws of 1929.

14                ACTING PRESIDENT CARLUCCI:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT CARLUCCI:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT CARLUCCI:    

22   Announce the result.

23                THE SECRETARY:   Ayes, 57.  Nays, 

24   1.  Senator Ball recorded in the negative.  

25                ACTING PRESIDENT CARLUCCI:   The 


                                                               3681

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1271, by Senator LaValle, Senate Print 7229B, an 

 4   act in relation to authorizing.

 5                ACTING PRESIDENT CARLUCCI:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 8.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT CARLUCCI:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT CARLUCCI:    

13   Announce the result.

14                THE SECRETARY:   Ayes, 57.  Nays, 

15   1.  Senator Bonacic recorded in the negative.

16                ACTING PRESIDENT CARLUCCI:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   1272, substituted earlier by Member of the 

20   Assembly Schimel, Assembly Print Number 9003C, 

21   an act to incorporate.

22                ACTING PRESIDENT CARLUCCI:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3682

 1                ACTING PRESIDENT CARLUCCI:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT CARLUCCI:    

 5   Announce the result.

 6                THE SECRETARY:   Ayes, 57.  Nays, 

 7   1.  Senator Ball recorded in the negative.  

 8                ACTING PRESIDENT CARLUCCI:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   1273, by Senator Martins, Senate Print 7352, an 

12   act to amend the Local Finance Law.

13                ACTING PRESIDENT CARLUCCI:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT CARLUCCI:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT CARLUCCI:    

21   Announce the result.

22                THE SECRETARY:   Ayes, 57.  Nays, 

23   1.  Senator Ball recorded in the negative.  

24                ACTING PRESIDENT CARLUCCI:   The 

25   bill is passed.


                                                               3683

 1                THE SECRETARY:   Calendar Number 

 2   1274, by Senator Hannon, Senate Print 7480 --

 3                SENATOR LIBOUS:   Could you lay 

 4   that bill aside for the day.  

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   bill is laid aside for the day.

 7                THE SECRETARY:   Calendar Number 

 8   1275, by Senator LaValle, Senate Print 7485, an 

 9   act to amend the Real Property Tax Law.

10                ACTING PRESIDENT CARLUCCI:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the 30th day.

14                ACTING PRESIDENT CARLUCCI:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT CARLUCCI:    

18   Announce the result.

19                THE SECRETARY:   Ayes, 57.  Nays, 

20   1.  Senator Ball recorded in the negative.  

21                ACTING PRESIDENT CARLUCCI:   The 

22   bill is passed.

23                THE SECRETARY:   On page 68, 

24   Senator Hannon moves to discharge, from the 

25   Committee on Rules, Assembly Bill Number 9801 


                                                               3684

 1   and substitute it for the identical Senate Bill 

 2   Number 7592, Third Reading Calendar 1276.

 3                ACTING PRESIDENT CARLUCCI:    

 4   Substitution ordered.

 5                The Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   1276, by Member of the Assembly Gottfried, 

 8   Assembly Print Number 9801, an act to amend the 

 9   Public Health Law.

10                ACTING PRESIDENT CARLUCCI:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT CARLUCCI:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT CARLUCCI:    

18   Announce the result.

19                THE SECRETARY:   Ayes, 58.

20                ACTING PRESIDENT CARLUCCI:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   1277, by Senator Hannon, Senate Print 7601B, an 

24   act to amend the Public Health Law.

25                ACTING PRESIDENT CARLUCCI:   Read 


                                                               3685

 1   the last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT CARLUCCI:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT CARLUCCI:    

 8   Announce the result.

 9                THE SECRETARY:   Ayes, 58.

10                ACTING PRESIDENT CARLUCCI:   the 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   1278, by Senator Marchione, Senate Print 7687, 

14   an act to authorize.

15                ACTING PRESIDENT CARLUCCI:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT CARLUCCI:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT CARLUCCI:    

23   Announce the result.

24                THE SECRETARY:   Ayes, 55.  Nays, 

25   3.  Senators Bonacic, Larkin and O'Mara recorded 


                                                               3686

 1   in the negative.

 2                ACTING PRESIDENT CARLUCCI:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1279, by Senator Marchione, Senate Print 7688, 

 6   an act to authorize.

 7                ACTING PRESIDENT CARLUCCI:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT CARLUCCI:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT CARLUCCI:    

15   Announce the result.

16                THE SECRETARY:   Ayes, 55.  Nays, 

17   3.  Senators Bonacic, Larkin and O'Mara recorded 

18   in the negative.

19                ACTING PRESIDENT CARLUCCI:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   1280, by Senator Marchione, Senate Print 7689, 

23   an act to authorize.

24                ACTING PRESIDENT CARLUCCI:   Read 

25   the last section.


                                                               3687

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT CARLUCCI:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT CARLUCCI:    

 7   Announce the result.

 8                THE SECRETARY:   Ayes, 55.  Nays, 

 9   3.  Senators Bonacic, Larkin and O'Mara recorded 

10   in the negative.

11                ACTING PRESIDENT CARLUCCI:   The 

12   bill is passed.

13                THE SECRETARY:   Calendar Number 

14   1281, by Senator Farley, Senate Print 7711, an 

15   act relating to a certain agreement.

16                ACTING PRESIDENT CARLUCCI:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT CARLUCCI:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT CARLUCCI:    

24   Announce the result.

25                THE SECRETARY:   Ayes, 56.  Nays, 


                                                               3688

 1   2.  Senators Krueger and Perkins recorded in the 

 2   negative.

 3                ACTING PRESIDENT CARLUCCI:   The 

 4   bill is passed.

 5                Senator Libous, that completes the 

 6   noncontroversial reading of the calendar.

 7                SENATOR LIBOUS:   Mr. President, 

 8   could we lay Calendar 803 aside for the day.

 9                ACTING PRESIDENT CARLUCCI:    

10   Calendar Number 803 is laid aside for the day.

11                Senator Libous.  

12                SENATOR LIBOUS:   Mr. President, 

13   could we go back to motions and call on Senator 

14   Valesky and then come back to me, please.

15                ACTING PRESIDENT CARLUCCI:    

16   Senator Valesky.

17                SENATOR VALESKY:   Mr. President, 

18   on behalf of Senator Klein, on page 11 I offer 

19   the following amendments to Calendar Number 232, 

20   Senate Bill 2257A, and ask that said bill retain 

21   its place on the Third Reading Calendar.

22                ACTING PRESIDENT CARLUCCI:   So 

23   ordered.

24                Senator Libous.

25                SENATOR LIBOUS:   Thank you, 


                                                               3689

 1   Mr. President.

 2                On behalf of Senator Maziarz, on 

 3   page 51 I offer the following amendments to 

 4   Calendar Number 1043, Senate Print 1089A, and 

 5   ask that said bill retain its place on 

 6   Third Reading Calendar.

 7                ACTING PRESIDENT CARLUCCI:   So 

 8   ordered.

 9                SENATOR LIBOUS:   On behalf of 

10   Senator Lanza, on page 21 I offer the following 

11   amendments to Calendar Number 515, Senate Print 

12   6623A, and ask that said bill retain its place 

13   on the Third Reading Calendar.

14                ACTING PRESIDENT CARLUCCI:   So 

15   ordered.

16                SENATOR LIBOUS:   And, 

17   Mr. President, on behalf of Senator Lanza, I 

18   move to amend Senate Bill Number 5705A by 

19   striking out the amendments made on June 2nd and 

20   restoring it to its original print number, 5705.

21                ACTING PRESIDENT CARLUCCI:   So 

22   ordered.

23                Senator Libous.

24                SENATOR LIBOUS:   Thank you, 

25   Mr. President.  


                                                               3690

 1                Could we please have the 

 2   controversial reading of the calendar.  And I 

 3   think I'd like to take up Calendar Number 416, 

 4   by Senator Lanza.

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   Secretary will ring the bell.

 7                The Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   416, by Senator Lanza, Senate Print 2142, an act 

10   to prohibit.

11                ACTING PRESIDENT CARLUCCI:    

12   Senator Squadron.

13                SENATOR SQUADRON:   Thank you, 

14   Mr. President.

15                Each time -- I won't ask the 

16   sponsor to explain the bill again but certainly 

17   will give him that opportunity if he'd like to.  

18   One can look back at the transcripts of at least 

19   three prior years if they're interested in a 

20   description of this bill.

21                In short, this bill would prohibit 

22   the state and any locality from spending any 

23   money on terror trials, on trials of enemy 

24   combatants.  

25                It's of great concern to me in my 


                                                               3691

 1   district because the Southern District 

 2   Courthouse is in my district in Lower Manhattan, 

 3   and it's in a neighborhood that is surrounded by 

 4   a growing residential community, by elementary 

 5   schools -- overcrowded elementary schools -- by 

 6   a vibrant Chinatown community.  And the idea 

 7   that we would not be able to reimburse or spend 

 8   dollars in order to protect that community when 

 9   there are trials of terrorists in the Southern 

10   District Courthouse is of grave concern to me 

11   and my constituents.

12                In fact, over the course of the 

13   last year since our last debate on this bill, 

14   bin Laden's son-in-law Abu Ghaith, Sulaiman Abu 

15   Ghaith, was tried and convicted in the Southern 

16   District, Abu Hamza al-Masri was tried and 

17   convicted in the Southern District.  And each of 

18   these cases, based on briefings that I've 

19   received from the top levels of the New York 

20   City Police Department, based on public 

21   information and knowledge around Lower 

22   Manhattan, required a great deal of local 

23   security.  If this bill were to pass, that 

24   security couldn't be provided.  The NYPD would 

25   be handcuffed from protecting my constituents.


                                                               3692

 1                Now I understand -- and as we get 

 2   into a brief conversation, I understand that 

 3   there are larger issues and questions about 

 4   enemy combatants and who they are and the 

 5   appropriate place to try them.  I do think that 

 6   we've seen some convictions on that issue.  But, 

 7   you know, this really can't and shouldn't be 

 8   about those larger ideological political issues.  

 9                This is about a community in Lower 

10   Manhattan that's a residential community, a 

11   growing community, a community that has 

12   recovered from the attacks of September 11th, 

13   which for them were not a global event but a 

14   local event, are recovering from the effects of 

15   the Superstorm Sandy -- not as severe in that 

16   community as in others, including in the 

17   sponsor's district, but certainly significant.  

18   And now we're saying you know what, we're not 

19   going to let the NYPD protect you when the 

20   federal government tries people in your 

21   community.  

22                I think that's dangerous and deeply 

23   problematic.  And I don't think the larger 

24   politics of our view of President Obama and 

25   President Bush and Guantanamo and whatever other 


                                                               3693

 1   hot-button issue we can think of should impact 

 2   the protection of a community, especially a 

 3   community that has been the victim of global 

 4   terror.  A community for whom this is not simply 

 5   an assault on our country, which it is for all 

 6   of us, but an assault on our homes and our 

 7   neighborhoods.  A community that, because of the 

 8   air quality concerns after September 11th, still 

 9   lives with legitimate fear that they may yet 

10   suffer consequences of those attacks not yet 

11   seen.

12                So the idea of preventing ourselves 

13   from protecting a community because we don't 

14   like Attorney General Holder or President 

15   Obama -- both of whom I actually do like -- is 

16   something that I just can't support.  And I urge 

17   my colleagues to oppose this bill or to urge the 

18   sponsor to hold this bill on the basis of 

19   protecting every community in the district.

20                With that, if the sponsor would be 

21   willing to yield for a question.  And obviously 

22   please correct anything that I've said that's 

23   incorrect; I'd appreciate it.

24                SENATOR LANZA:   Yes, 

25   Mr. President.


                                                               3694

 1                SENATOR SQUADRON:   Thank you.  

 2   Through you, Mr. President.  

 3                Is the sponsor aware of the terror 

 4   trials that have occurred in the Southern 

 5   District over the course of the last year and 

 6   prior, and of the security provided locally by 

 7   the NYPD to make sure the communities were safe 

 8   during those trials?

 9                SENATOR LANZA:   Through you, 

10   Mr. President, of course I am.

11                SENATOR SQUADRON:   If the sponsor 

12   would continue to yield.

13                SENATOR LANZA:   Yes.

14                SENATOR SQUADRON:   And is it the 

15   sponsor's intent that the NYPD would not be able 

16   to provide security for the community when those 

17   trials occur?  

18                SENATOR LANZA:   Mr. President, 

19   through you.

20                ACTING PRESIDENT CARLUCCI:    

21   Senator Lanza.

22                SENATOR LANZA:   And again, I 

23   welcome the discussion that Senator Squadron and 

24   I have had over this issue over the last several 

25   years.  And I do understand and appreciate that 


                                                               3695

 1   while the attacks of 9/11 and the ongoing war 

 2   that is being waged against America by 

 3   terrorists abroad is something that has affected 

 4   each of us in a very unique way, and I 

 5   understand that his district is the site of 

 6   where these trials occur, I disagree with the 

 7   notion that we should ignore the larger politics 

 8   of the issue, as my colleague has suggested 

 9   here.  

10                This is personal to each and every 

11   one of us.  Staten Island lost more of its 

12   citizens, disproportionate, than any other place 

13   in this country.  More of my neighbors, as a 

14   percentage of the population of Staten Island, 

15   were lost in those attacks.  A number of people 

16   that I grew up with, who I called friend my 

17   entire life, were lost in those attacks.  

18                So this is personal to each of us, 

19   but there are larger politics and policy issues 

20   that are as important and perhaps more important 

21   than the local implications.  Because what we're 

22   talking about in terms of the larger politics is 

23   that of national security.  

24                And so I disagree with the notion 

25   that were this bill to become law, that somehow 


                                                               3696

 1   we would be unable to protect ourselves in terms 

 2   of the trials that are occurring.  And here's 

 3   what I mean by that.  

 4                The reason why I do not want 

 5   New York taxpayer dollars to pay for civil 

 6   trials for enemy combatants of America is 

 7   because I think providing civil trials, with the 

 8   civil discovery that comes with it, to enemy 

 9   combatants who are committed to destroying 

10   everything we stand for, is both a dumb and 

11   dangerous idea and is an insult to the brave men 

12   and women of the armed services who put their 

13   lives and continue to put their lives on the 

14   line to protect our way of life.  

15                And so what I mean by that is this.  

16   Dumb and dangerous.  It's dumb and dangerous 

17   because while you've pointed out that we've just 

18   secured convictions in two cases, we don't know 

19   the implications just yet in terms of what that 

20   will result in in terms of the safety and 

21   security of our country.  

22                And what I point to in that regard 

23   is the fact that in 1993, in the first bombing 

24   of the World Trade Center, which was funded by 

25   Khalid Sheikh Mohammed and carried out by Yousef 


                                                               3697

 1   and his band of terrorists, there was a civil 

 2   trial.  And there were convictions.  And we were 

 3   assured at that time that this was the right 

 4   thing to do.  And in fact I think our 

 5   understanding of what was happening was 

 6   different then.  And the Clinton administration 

 7   and Justice Department treated that as a crime 

 8   because we were not aware of what was coming 

 9   together at that time.  

10                And so when we secured those 

11   convictions, as we've just secured two 

12   convictions at civil trial, I'm sure a lot of 

13   people thought all was well and our system is 

14   working to keep us safe.  Well, it didn't turn 

15   out that way.  Because eight years later, Khalid 

16   Sheikh Mohammed, armed with information that he 

17   secured through the civil discovery that was 

18   afforded those terrorists in 1993, was put to 

19   use in order to finally do what they had 

20   originally intended to do, and that was to bring 

21   down those two buildings and to kill those 

22   thousands of Americans and to change forever our 

23   lives here in America.  

24                And so my concern is that yes, 

25   while you point to these two convictions somehow 


                                                               3698

 1   to represent proof that this is a system that 

 2   works and this is the way we ought to handle 

 3   these attacks, I think history proves that 

 4   wrong.  And that is my concern.  

 5                And so I believe that by making 

 6   this a law, those trials won't happen.  Or if 

 7   they do, if the Justice Department decides that 

 8   irrespective of this law in New York they would 

 9   continue to push for those trials to be civil 

10   trials and to be here in New York, then I think 

11   at the very least the federal government would 

12   be required to offset those costs.  

13                And so that's the intent of this 

14   legislation, is to send a message that it's 

15   foolhardy to provide more rights to enemy 

16   combatants than we do to the brave men and women 

17   who serve in our armed services.  

18                ACTING PRESIDENT CARLUCCI:   Thank 

19   you, Senator Lanza.

20                Senator Squadron.

21                SENATOR SQUADRON:   Thank you.  If 

22   the sponsor would continue to yield.

23                SENATOR LANZA:   Yes.

24                ACTING PRESIDENT CARLUCCI:   The 

25   sponsor yields, Senator Squadron.


                                                               3699

 1                SENATOR SQUADRON:   Thank you.  

 2                And there's a number of points that 

 3   the sponsor made there, and I want to 

 4   acknowledge and honor the absolutely tragic, 

 5   unacceptable loss that was experienced across 

 6   the state but on Staten Island in more 

 7   concentrated way than anywhere.  And I know the 

 8   sponsor's passion on this issue is sincere and 

 9   comes from a very personal connection for 

10   himself and his constituents.

11                I do want to follow up, though, on 

12   one point the sponsor made when he said that the 

13   federal government will, if they do come and do 

14   these trials, offset the cost to reimburse them.  

15   I want to know, is the sponsor familiar with 

16   Title 10, Section 333 of the Federal Code?

17                SENATOR LANZA:   I'm sure you will 

18   enlighten me.

19                SENATOR SQUADRON:   Thank you.  If 

20   the sponsor will continue to yield, I will.

21                SENATOR LANZA:   Yes.

22                SENATOR SQUADRON:   It essentially 

23   gives the President the power to send in the 

24   National Guard to provide protection to a 

25   community in the event that a locality, a local 


                                                               3700

 1   or state entity, refuses to do so.  Is the 

 2   sponsor familiar with that?  And I assume it's 

 3   sort of -- that's the concept the sponsor relies 

 4   on when he talks about the offsetting.

 5                ACTING PRESIDENT CARLUCCI:    

 6   Senator Lanza.

 7                SENATOR LANZA:   Mr. President, no.  

 8   You know, I'm confident that this or any 

 9   administration, when confronted by the will of 

10   the people of the state, if this were to become 

11   law would look at that and would decide not to 

12   press forward against the will of that state and 

13   would decide, rather than staying on course with 

14   a policy which I think is a very dangerous 

15   policy, would opt not to proceed with those 

16   trials.

17                ACTING PRESIDENT CARLUCCI:    

18   Senator Squadron.

19                SENATOR SQUADRON:   If the sponsor 

20   will continue to yield.

21                SENATOR LANZA:   Yes.

22                ACTING PRESIDENT CARLUCCI:   The 

23   sponsor yields.

24                Senator Squadron.  

25                SENATOR SQUADRON:   And just to 


                                                               3701

 1   follow up on federal law and how this would 

 2   likely work, is the sponsor aware that in such 

 3   instance that a locality or a state refuses to 

 4   provide the protection that they're supposed to 

 5   provide and the National Guard is sent in by the 

 6   President, that federal law provides that the 

 7   civilian law enforcement agency to which support 

 8   is provided is required to reimburse the 

 9   Department of Defense?  

10                ACTING PRESIDENT CARLUCCI:    

11   Senator Lanza.

12                SENATOR LANZA:   Mr. President, 

13   through you.  You know, Senator Squadron may 

14   have information that I am not in possession of 

15   if he seems to be implying that this 

16   administration would continue to press forward 

17   with civil trials in the face of the law of the 

18   State of New York that would say that we would 

19   not provide New York State taxpayer funding for 

20   those trials.  

21                I would hope and I would believe 

22   and trust that the President of the United 

23   States and the Attorney General of the United 

24   States would not press forward with such a 

25   policy in the face of this law being in place.  


                                                               3702

 1   If Senator Squadron knows differently, then I'd 

 2   ask that he share that information.  But I truly 

 3   believe that this law would act to prevent civil 

 4   trials being afforded to enemy combatants of the 

 5   United States.

 6                And in one of our past -- for 

 7   instance, one of our past debates on this issue, 

 8   it was suggested this law has been made moot by 

 9   an act of Congress which -- by the way, 

10   representing the will of the country -- had said 

11   the same thing, which is that there should not 

12   be civil trials.  

13                And I said then in response that it 

14   seemed as though this administration was 

15   hellbent on circumventing the will of Congress 

16   as expressed in that act, and by statements of 

17   the Attorney General who said that they were 

18   going to press forward and find a way.  And as 

19   it turned out, I was right.  And we've seen, as 

20   evidenced by the fact that we've just had two 

21   trials, that the administration has become very 

22   creative in finding a way to bring those trials, 

23   by having these two terrorists out there on a 

24   ship instead of Gitmo and so circumventing the 

25   spirit and I think letter of the law that was 


                                                               3703

 1   enacted by Congress.

 2                And so perhaps that is what my 

 3   colleague is basing his supposition that somehow 

 4   these trials would proceed even in the face of 

 5   the law.  I would like to believe, 

 6   Mr. President, that if this were the law of the 

 7   City of New York, the administration would not 

 8   press forward with these types of laws here.

 9                ACTING PRESIDENT CARLUCCI:   Thank 

10   you, Senator Lanza.

11                Senator Squadron.  

12                SENATOR SQUADRON:   Thank you.  If 

13   the sponsor would yield for a final question.

14                SENATOR LANZA:   Of course.

15                ACTING PRESIDENT CARLUCCI:   The 

16   sponsor yields.

17                SENATOR SQUADRON:   And just to go 

18   back just a little, so I understand.  Sulaiman 

19   Abu Ghaith was arraigned in federal district 

20   court in Manhattan, his trial began last year 

21   before we debated this bill.  I believe the 

22   bill, despite my compelling arguments, did pass 

23   this house last year.  It did not become 

24   chaptered into law.  

25                Had it passed the Assembly and been 


                                                               3704

 1   signed by the Governor, just to be very clear, 

 2   it is the sponsor's intent and the fact of this 

 3   proposal that the NYPD would have been 

 4   prohibited from spending any resources to 

 5   protect Lower Manhattan during the trial that 

 6   occurred over the course of the last year?  

 7                SENATOR LANZA:   Mr. President.

 8                ACTING PRESIDENT CARLUCCI:    

 9   Senator Lanza.

10                SENATOR LANZA:   Mr. President, 

11   absolutely not.

12                Senator, as I've said repeatedly, 

13   the intent of this law, while specific in terms 

14   of prohibiting the use of New York taxpayer 

15   dollars to fund civil trials for terrorists, is 

16   also in general terms, in my opinion -- it is my 

17   intent that this bill, if it were to become law, 

18   would prevent those trials from occurring here 

19   in New York.  

20                And I think there's something 

21   unfair about the fact that these attacks, while 

22   against America -- not against two buildings, 

23   not against New York, but against America -- I 

24   think there's something unfair that the 

25   taxpayers only of New York, of your district and 


                                                               3705

 1   my district and in each of our districts, we 

 2   should foot the entire bill for the support of 

 3   these trials.  I think there's something 

 4   inherently unfair about that beyond or in 

 5   addition to the dangers I think these civil 

 6   trials have resulted in and will result in.  

 7                Again, my fear is that while all 

 8   seems well today as a result of these 

 9   convictions, we all thought that in 1993, and 

10   then later on I think it was in 1997 when two 

11   more of the terrorists who planned that initial 

12   1993 bombing -- by the way, where six of our 

13   neighbors were killed, one from Staten Island, 

14   over a thousand injured.  We thought all was 

15   well when we secured those convictions, and we 

16   learned only eight years later that we provided 

17   them with the very means and information during 

18   those trials to carry out the September 11th 

19   attack.

20                And so my concern is that we've 

21   done that again.  And that we should never do 

22   that.  We should never weaken national security 

23   because we somehow want to prove that we're 

24   stronger, as the argument I've heard, which I 

25   think is a bad argument.  I've heard some of my 


                                                               3706

 1   colleagues say, Well, we're strong enough to 

 2   provide this type of recourse for folks, we're 

 3   strong enough to have a civil trial, to offer 

 4   that up.  And you know, I just -- I think 

 5   it's -- it doesn't make sense, it's illogical, 

 6   for me, to say that we're strong enough to be 

 7   stupid.  It doesn't make sense that we should do 

 8   that.

 9                And if we believe that this is the 

10   best way to provide justice, if you will, or to 

11   handle this issue of enemy combatants, if we 

12   think this is the forum, this is the most 

13   perfect forum, why is it that none of my 

14   colleagues across the aisle or anywhere else is 

15   crying out for a civil trial for the members of 

16   the armed services, for an American Marine, for 

17   someone from the Army, from the Air Force, from 

18   the Navy?  

19                If that is the perfect system and 

20   this is how we ought to be dealing with war and 

21   peace and attacks on America, why are we not 

22   affording that right to American soldiers?  If 

23   it's good enough for an American soldier, if a 

24   military tribunal is good enough for an American 

25   soldier, it's certainly too good for a terrorist 


                                                               3707

 1   who wants to destroy us.

 2                And so, Senator Squadron, I know 

 3   I've gone off, I've taken the liberty to talk 

 4   about my broader reasons for this legislation.  

 5   But again in response to your specific question, 

 6   it is my hope and prayer that if this becomes 

 7   law, we will not see those civil trials.  And I 

 8   don't think, and I'd like to rely on my belief, 

 9   that this president or any president would not 

10   move forward if this were the law of New York 

11   State.

12                ACTING PRESIDENT CARLUCCI:   Thank 

13   you, Senator Lanza.

14                Senator Squadron.

15                SENATOR SQUADRON:   On the bill, 

16   Mr. President.  

17                ACTING PRESIDENT CARLUCCI:   On the 

18   bill.

19                SENATOR SQUADRON:   Thank you very 

20   much.  

21                And again, I appreciate the 

22   conversation with the sponsor.  I appreciate the 

23   sponsor's concern about certain kinds of trials.  

24   But I do have to say that what we're seeing here 

25   is we're seeing that theoretical fear overwhelm 


                                                               3708

 1   the real need for security in the core of 

 2   New York City, in the heart of my district in 

 3   Lower Manhattan.

 4                This proposal, which would say when 

 5   these trials go forward -- and they have been 

 6   going forward; two convictions were achieved 

 7   just in the last couple of months, in the last 

 8   month, actually -- when these trials go forward, 

 9   NYPD, a local police force that has a great 

10   record on protecting the community in this way, 

11   and I hope that my colleagues on the other side 

12   of the aisle would agree with that -- when these 

13   trials go forward, NYPD will be handcuffed.  

14   They will be unable to provide protection in the 

15   community.

16                This is an issue in which the 

17   sponsor's deep conviction about the type of 

18   trials that terrorists should have is 

19   overwhelming the need to protect the community 

20   today and tomorrow.  It's tantamount to putting 

21   a gun to your own head and threatening "Don't 

22   move or I'll shoot."  It doesn't make sense for 

23   the state and the city.  

24                There are two possible consequences 

25   of this bill if it passed.  One is the bill 


                                                               3709

 1   passes, trials move forward, and local law 

 2   enforcement is unable to protect New Yorkers, is 

 3   prevented from protecting Lower Manhattan from 

 4   another attack or another incident related to 

 5   what's happening in the federal courthouse 

 6   within blocks of hundreds of thousands, 

 7   certainly tens of thousands of New Yorkers 

 8   trying to make their life here, just like your 

 9   constituents across the state.

10                The other option is the NYPD is 

11   unable to provide protection and the President 

12   sends in the National Guard to Lower Manhattan.  

13   And we've seen the National Guard in Lower 

14   Manhattan.  We saw them there after 

15   September 11th, we saw them there after Sandy.  

16   And I don't like it when that happens.  That is 

17   a sign that we are in a pretty bad place.

18                So the President sends in the 

19   National Guard to Lower Manhattan, this 

20   thriving, growing, resilient community that has 

21   come back from so much.  It is occupied by the 

22   National Guard, and then you know who pays?  

23   New York taxpayers.  The NYPD will be required 

24   to reimburse the federal government.  

25                Neither of these scenarios gets at 


                                                               3710

 1   the core of the sponsor's concern.

 2                Now, were we in a different 

 3   legislative body in a different city, we may or 

 4   may not have a hearty debate over questions of 

 5   civil liberties, questions of theoretical 

 6   risk versus openness as a society who we are 

 7   when we try and punish people for heinous, 

 8   disgusting and unacceptable acts.  But we are 

 9   not having that debate in this body in this city 

10   on this afternoon.  We are having the debate as 

11   to whether the NYPD is allowed to protect my 

12   constituents when some of the world's worst 

13   terrorists are tried in their backyard.  Which 

14   is happening, has happened, has resulted in 

15   convictions, will continue to happen.  

16                The idea that the NYPD wouldn't 

17   protect my constituents is unacceptable to me.  

18   The idea that the National Guard would get sent 

19   in and then we would still pay is unacceptable 

20   to me.  That's why I oppose this bill.  I 

21   understand the sponsor's intent.  I don't 

22   believe we're debating the sponsor's intent 

23   today, I believe we're debating the impact of 

24   this bill that would truly cut off our nose to 

25   spite our face.  


                                                               3711

 1                I'll vote no, Mr. President.  Thank 

 2   you.

 3                ACTING PRESIDENT CARLUCCI:   Thank 

 4   you, Senator Squadron.

 5                Are there any members wishing to be 

 6   heard?

 7                Seeing none, the debate is closed.  

 8   The Secretary will ring the bell.  

 9                Read the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT CARLUCCI:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT CARLUCCI:    

16   Senator Lanza to explain his vote.

17                SENATOR LANZA:   Thank you, 

18   Mr. President, to explain my vote.  

19                First I want to thank 

20   Senator Squadron for the continuing discussion 

21   we've had over the last several years on this 

22   issue.  I know his heart's in the right place, 

23   we simply don't see eye to eye.

24                I want to comment on something he 

25   said, that this bill, on my part, is driven by 


                                                               3712

 1   some theoretical fear.  It's not theoretical.  

 2   We have the proof.  As I've said a number of 

 3   times, in 1993 the first wave, the first attack 

 4   occurred at the World Trade Center.  There were 

 5   trials for five of the seven people who 

 6   masterminded that attack.  It was a civil trial, 

 7   just as we see now.  The person who funded that 

 8   attack in 1993, Khalid Sheikh Mohammed, became 

 9   the architect of the 2001 9/11 attack.  He did 

10   so armed with the information he learned through 

11   a civil discovery in that civil trial.  

12                And so I am adamantly opposed to 

13   the notion that we should provide and afford 

14   civil trials to enemy combatants of America, 

15   something we do not afford our own soldiers who 

16   are putting their lives on the line every single 

17   day.  

18                If anything is theoretical, it is 

19   the concerns that have been raised by my 

20   colleague Senator Squadron as to what would 

21   happen if these trials would occur with this law 

22   being in place.  Those are theoreticals.  

23   Because I simply don't believe that this 

24   President, or any, would push forward knowing 

25   that this was the law of the State of New York.


                                                               3713

 1                Senator Squadron said that if that 

 2   were to occur, we would be in a very bad place, 

 3   that that would be like putting a gun to our 

 4   head.  Well, only the President of the United 

 5   States would be able to have the power to put 

 6   that gun to our head and to put us in that very 

 7   bad place.  And I refuse -- differences aside 

 8   with this administration, I refuse to believe, 

 9   as it seems Senator Squadron and those who are 

10   voting against this bill believe, that this 

11   President, that this Attorney General would do 

12   that.  I simply refuse to believe that.  

13                I believe that what will happen if 

14   this became the law of the State of New York is 

15   that we would not have civil trials for enemy 

16   combatants in the State of New York being paid 

17   with taxpayer dollars that could be used for all 

18   the services and all the things that we tried do 

19   for the good of the people of the State of 

20   New York.  

21                For those reasons and others, as 

22   have been expressed, I vote in the affirmative, 

23   Mr. President.

24                ACTING PRESIDENT CARLUCCI:   Thank 

25   you, Senator Lanza.


                                                               3714

 1                Are there any other members wishing 

 2   to explain their vote?  

 3                Seeing none, the Secretary will 

 4   announce the result.

 5                THE SECRETARY:   In relation to 

 6   Calendar 416, those recorded in the negative are 

 7   Senators Breslin, Dilan, Gianaris, Hoylman, 

 8   Krueger, Montgomery, Parker, Peralta, Perkins, 

 9   Rivera, Sampson, Sanders, Serrano, Squadron, 

10   Stavisky, Stewart-Cousins and Tkaczyk.

11                Absent from voting:  Senator 

12   Kennedy.

13                Ayes, 40.  Nays, 17.  

14                ACTING PRESIDENT CARLUCCI:   The 

15   bill is passed.

16                The Secretary will read Calendar 

17   Number 691.

18                THE SECRETARY:   Calendar Number 

19   691, by Senator Grisanti, Senate Print 868A, an 

20   act to amend the Education Law.

21                ACTING PRESIDENT CARLUCCI:   Read 

22   the last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT CARLUCCI:   Call 


                                                               3715

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT CARLUCCI:    

 4   Senator Grisanti to explain his vote.

 5                SENATOR GRISANTI:   Yes, thank you, 

 6   Mr. President.  

 7                You know, I find it ironic that I 

 8   have a bill here from Buffalo to change the 

 9   school board election from May until November to 

10   save them money, and I'm having negative votes 

11   from individuals that don't even live in my 

12   district.  I just can't figure it out.

13                All this bill basically does, as I 

14   said, is it changes the votes for the Board of 

15   Education from May till November.  It's done in 

16   other large cities.  The Buffalo School System 

17   right now has many, many issues where kids 

18   aren't graduating, the graduation rates are in 

19   the low percentages.  I'm not blaming it on any 

20   one particular party or any particular group, 

21   but something needs to be done.  And we think by 

22   changing these elections from May till 

23   November -- which, by the way, in May the actual 

24   people that go out and vote is sometimes 

25   4 percent.  Four percent of the people that take 


                                                               3716

 1   effect.  

 2                This not only saves the City of 

 3   Buffalo money, but it also goes ahead and allows 

 4   more voter participation, a lot more people to 

 5   get involved in the school board race.  So this 

 6   way we have a solid school board to move forward 

 7   to get key implementation and policies so our 

 8   kids can graduate and take advantage of numerous 

 9   programs like Say Yes To Education that offer 

10   free college to those that graduate high school.  

11                So for all those that don't live in 

12   my district that voted no, that's okay.  I vote 

13   aye, I live in my district.  

14                Thank you.

15                ACTING PRESIDENT CARLUCCI:   Thank 

16   you, Senator Grisanti.

17                Are there any other members wishing 

18   to explain their vote?  

19                Seeing none, the Secretary will 

20   announce the result.

21                THE SECRETARY:   In relation to 

22   Calendar 691, those recorded in the negative are 

23   Senators Breslin, Dilan, Gianaris, Gipson, 

24   Hoylman, Krueger, Latimer, LaValle, Marcellino, 

25   Montgomery, O'Brien, Parker, Peralta, Perkins, 


                                                               3717

 1   Rivera, Sampson, Sanders, Serrano, Squadron, 

 2   Stavisky, Stewart-Cousins and Tkaczyk.

 3                Absent from voting:  Senator 

 4   Kennedy.

 5                Ayes, 35.  Nays, 22.

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   bill is passed.  

 8                Senator Marcellino.

 9                SENATOR MARCELLINO:   

10   Mr. President, there's supposed to be a meeting 

11   at 2:30 of the Senate Majority Task Force on 

12   Lyme and Tick-Borne Diseases.  That was supposed 

13   to be held in Senator Hannon's office.  That 

14   meeting will be held immediately after the next 

15   controversial vote is taken, but it will be held 

16   in the small conference room right off the hall, 

17   332C.  

18                Anybody on the task force should be 

19   there.  And if we need them, we'll call them 

20   back for votes if they are needed.

21                ACTING PRESIDENT CARLUCCI:    After 

22   the next vote, there will be a meeting of the 

23   Lyme Task Force in Room 332C, immediately after 

24   the next vote.

25                Thank you, Senator Marcellino.


                                                               3718

 1                Calendar 1254, the Secretary will 

 2   read.

 3                THE SECRETARY:   Calendar Number 

 4   1254, by Senator Golden, Senate Print 6142A, an 

 5   act to amend the Social Services Law.

 6                SENATOR KRUEGER:   Explanation.

 7                ACTING PRESIDENT CARLUCCI:    

 8   Senator Krueger has requested an explanation.

 9                Senator Golden.

10                SENATOR GOLDEN:   Thank you, 

11   Mr. President.  

12                This bill would provide Medicaid 

13   and Medicaid managed care enrollees with access 

14   to the Foot Center of New York and provide 

15   reimbursement to the center for those services, 

16   helping to offset a $2.6 million deficit.  

17                As we know, as Senator Krueger 

18   knows, more than half a million people, adult 

19   New Yorkers, are diagnosed with diabetes, and an 

20   additional 200,000 have diabetes and don't even 

21   know it.  And especially in the low-income 

22   areas, residents have five times the mortality 

23   rate of diabetes compared with New York City 

24   residents overall.  

25                It's very similar to the bill that 


                                                               3719

 1   Senator Krueger did back in 2010 on the 

 2   optometric services provided by that same 

 3   institution.

 4                SENATOR KRUEGER:   Through you, 

 5   Mr. President, if the sponsor would please 

 6   yield.

 7                ACTING PRESIDENT VALESKY:   Senator 

 8   Golden, do you yield?

 9                SENATOR GOLDEN:   I do.

10                ACTING PRESIDENT VALESKY:   The 

11   Senator yields.  

12                SENATOR KRUEGER:   Thank you.  

13                In the explanation the sponsor said 

14   it was for Medicaid managed care.  Does this law 

15   only apply to Medicaid managed care clients or 

16   other managed care clients, including long-term 

17   managed care contracts?

18                SENATOR GOLDEN:   Medicaid managed 

19   care, Mr. President.

20                SENATOR KRUEGER:   Through you, 

21   Mr. President, if the sponsor would continue to 

22   yield.

23                ACTING PRESIDENT VALESKY:   Senator 

24   Golden?  

25                SENATOR GOLDEN:   I do, 


                                                               3720

 1   Mr. President.

 2                ACTING PRESIDENT VALESKY:   The 

 3   sponsor yields.

 4                SENATOR KRUEGER:   Thank you.  

 5                Does the sponsor know if other 

 6   Medicaid managed care plans include podiatric 

 7   services as services included in the plans?

 8                SENATOR GOLDEN:   Mr. President, 

 9   some do, some don't.

10                SENATOR KRUEGER:   Through you, 

11   Mr. President, if the sponsor would continue to 

12   yield.

13                ACTING PRESIDENT VALESKY:   Senator 

14   Golden, do you yield?  

15                SENATOR GOLDEN:   I apologize on 

16   the last statement.  They are covered by other 

17   managed plans.

18                SENATOR KRUEGER:   Through you, 

19   Mr. President, if the sponsor would continue to 

20   yield.

21                ACTING PRESIDENT VALESKY:   Senator 

22   Golden?  

23                SENATOR GOLDEN:   Yes, 

24   Mr. President.

25                ACTING PRESIDENT VALESKY:   The 


                                                               3721

 1   sponsor yields.

 2                SENATOR KRUEGER:   So we're 

 3   narrowing down.  It's not all managed-care plans 

 4   and it's not long-term managed care, it's 

 5   specific to Medicaid managed care, and those 

 6   plans do already include podiatric care 

 7   services.  Those are the answers to the previous 

 8   questions.

 9                So why do these plans choose not to 

10   include this specific site in their plans?  

11                SENATOR GOLDEN:   Mr. President, 

12   because this institution is not in those 

13   managed-care plans.  And this puts this 

14   institution into those managed-care plans.

15                SENATOR KRUEGER:   Through you, 

16   Mr. President, if the sponsor would continue to 

17   yield.

18                ACTING PRESIDENT VALESKY:   Senator 

19   Golden?  

20                SENATOR GOLDEN:   I do, 

21   Mr. President.

22                ACTING PRESIDENT VALESKY:   The 

23   sponsor yields.

24                SENATOR KRUEGER:   What's different 

25   or unique about this specific podiatric center 


                                                               3722

 1   that none of the managed-care plans use them 

 2   when they use so many other podiatric doctors 

 3   and centers throughout the City of New York?  

 4                SENATOR GOLDEN:   It is already, 

 5   Mr. President, providing those services, but 

 6   it's not getting paid for those services.  

 7   There's a $2.6 million deficit.  And if they 

 8   don't provide that service, that will drive more 

 9   people to emergency rooms, to other plans in 

10   other areas, and they will not be diagnosed or 

11   will delay their diagnoses and treatment.

12                SENATOR KRUEGER:   Through you, 

13   Mr. President, if the sponsor would continue to 

14   yield.

15                SENATOR GOLDEN:   He does.

16                ACTING PRESIDENT VALESKY:   The 

17   sponsor yields.

18                SENATOR KRUEGER:   Thank you.  

19                So I'm a little confused.  Is there 

20   some section of law right now that prevents 

21   insurance companies from including I believe 

22   it's the New York Foot Care Center in their 

23   plans?

24                SENATOR GOLDEN:   I believe that 

25   this institution is not authorized by managed 


                                                               3723

 1   care plans to be reimbursed for this service.  

 2   And that's the reason we are doing this.  And 

 3   that is the reason that you did it back in 2010 

 4   for optometric services.

 5                SENATOR KRUEGER:   Through you, 

 6   Mr. President, if the sponsor would continue to 

 7   yield.

 8                ACTING PRESIDENT VALESKY:   Senator 

 9   Golden.

10                SENATOR GOLDEN:   Yes, sir.

11                ACTING PRESIDENT VALESKY:   The 

12   sponsor yields.

13                SENATOR KRUEGER:   I'm trying to 

14   understand what's preventing the insurance 

15   plans -- my understanding is there are quite a 

16   few of them -- from already contracting with 

17   this particular group.  Is there something in 

18   law that's currently preventing them from being 

19   providers in managed care plans?  Or are managed 

20   care plans choosing not to contract with them 

21   for some reason?

22                SENATOR GOLDEN:   Mr. President, 

23   this only deals with the Medicaid managed plans.  

24   We have no idea why the others do not work with 

25   this institution.


                                                               3724

 1                SENATOR KRUEGER:   I'm sorry, if 

 2   the sponsor could repeat his answer.  I was 

 3   distracted.  Sorry.

 4                SENATOR GOLDEN:   This is about 

 5   Medicaid managed care.  And this service, for 

 6   them to get paid, needs this legislation.  We 

 7   have no idea why the other managed-care plans 

 8   are not included at this institution.

 9                SENATOR KRUEGER:   Through you, 

10   Mr. President.  The dilemma I face is not 

11   wanting to discourage anyone from using a 

12   particular provider.  I am actually a believer 

13   in the broad use of different providers.  I 

14   continue to be confused what it is that is 

15   different about this location that none of the 

16   managed-care plans wish to contract with them.  

17   Because they contract with a very broad range of 

18   providers of podiatric services.  

19                So I completely agree with my 

20   colleague, we want to assure that there is broad 

21   coverage of podiatric services, particularly in 

22   low-income communities for people receiving 

23   Medicaid, because problems of the feet are very 

24   correlated to some very serious diseases that 

25   are disproportionately in poor communities.  We 


                                                               3725

 1   have no disagreement there.  I strongly believe 

 2   that managed-care providers should include 

 3   podiatric services as an approved service in the 

 4   insurance plans.  

 5                What I am confused about is why 

 6   this location is not accepted by any of the 

 7   current insurance plans.  What is different?  

 8   Are they charging much more?  Have they had a 

 9   problem that prevents insurance companies from 

10   agreeing to make them providers?  Why do we need 

11   the Legislature to insert itself and allow 

12   almost a carve-out for this particular company?

13                SENATOR GOLDEN:   I'm glad, 

14   Mr. President, that Senator Krueger agrees that 

15   this service should be at this location and 

16   should be part of the managed-care plan.

17                Why it's not is unknown to us.  But 

18   I'll tell you right now, they're not getting 

19   paid for that service as it is, so they can't 

20   charge more for a service that they're not 

21   getting any money for the service to start with.

22                So what we want to do is help -- 

23   and it's the only institution in that 

24   neighborhood.  So what we want to do is give 

25   that institution the ability to get paid for its 


                                                               3726

 1   services and to get the deficit that they have 

 2   under control, which is about $2.6 million.

 3                SENATOR KRUEGER:   Through you, 

 4   Mr. President, if the --

 5                SENATOR GOLDEN:   -- some do not 

 6   provide that service.

 7                And it is also the only institution 

 8   that is associated with an academic school as 

 9   well.

10                SENATOR KRUEGER:   Through you, 

11   Mr. President.  On the bill.

12                ACTING PRESIDENT VALESKY:   Senator 

13   Krueger on the bill.

14                SENATOR KRUEGER:   Thank you.

15                I appreciate the sponsor's answers.  

16   My problem is I still don't understand why they 

17   have this problem.  I understand a specific site 

18   seems to have a problem where none of the 

19   Medicaid managed-care contracts in the City of 

20   New York will include them in the contract.  I 

21   accept that that, as the sponsor has said, is 

22   the reality.

23                I just don't understand, in a city 

24   where there are a large number of podiatric care 

25   service sites that receive insurance, what there 


                                                               3727

 1   is unique about this location that it's either 

 2   not eligible to receive insurance payments or 

 3   has for some reason been the equivalent of 

 4   blacklisted by all the insurance companies and 

 5   hence not included as a provider in any of these 

 6   managed-care networks.  

 7                And unfortunately, I don't think 

 8   the sponsor is able to answer my questions about 

 9   this.  So it leaves me with the concern that 

10   there is actually a good reason why there's not 

11   one managed-care insurance company doing 

12   business in the City of New York that will use 

13   them as a provider.

14                Now, he mentioned they have a 

15   deficit.  I'm assuming they are included in some 

16   insurance providers' networks, perhaps not 

17   Medicaid, but in some.  Because to be honest, if 

18   there's absolutely no insurance company that 

19   will include them as provider in a network, it 

20   leads me to have even more worries.  But I don't 

21   know the answer to that either.

22                So I feel like if my questions 

23   could be answered -- and it appears that they 

24   can't today -- I might not have an issue.  But 

25   because it is not my experience that you find 


                                                               3728

 1   too many providers of healthcare services in 

 2   New York City where no one will include them in 

 3   their insurance networks, that there's something 

 4   else there that I don't have the answer to.

 5                And because I have concerns that 

 6   the sponsor has not been able to address, I 

 7   cannot vote for this bill.  I'll vote no.  

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT VALESKY:   Senator 

10   Krueger will be recorded in the negative.

11                Are there any other Senators who 

12   wish to be heard?

13                Seeing none, the Secretary will 

14   ring the bell.  Senators are asked to proceed to 

15   the chamber for the roll call.

16                Read the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT VALESKY:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT VALESKY:    

23   Announce the results.

24                THE SECRETARY:   In relation to 

25   Calendar 1254, those recorded in the negative 


                                                               3729

 1   are Senators Gianaris, Hoylman, Krueger, 

 2   Marchione, Montgomery, Parker, Peralta, Perkins, 

 3   Rivera, Sanders, Serrano and Squadron.  

 4                Absent from voting:  Senator 

 5   Kennedy.

 6                Ayes, 45.  Nays, 12.

 7                ACTING PRESIDENT VALESKY:   The 

 8   bill is passed.

 9                Senator Marcellino, that completes 

10   the reading of the controversial calendar.

11                SENATOR MARCELLINO:   Mr.  

12   President, if we could just have your indulgence 

13   and the indulgence of the members, if we could 

14   just pause for a moment while we get our act 

15   together up here.

16                ACTING PRESIDENT VALESKY:   The 

17   Senate will temporarily stand at ease.

18                (Whereupon, the Senate stood at 

19   ease at 2:52 p.m.)

20                (Whereupon, the Senate reconvened 

21   at 2:53 p.m.)

22                SENATOR MARCELLINO:   Mr.  

23   President.

24                ACTING PRESIDENT VALESKY:   Senator 

25   Marcellino.


                                                               3730

 1                SENATOR MARCELLINO:   Can we have 

 2   some order in the house, please.

 3                ACTING PRESIDENT VALESKY:   

 4   (Gaveling.)  Senator Marcellino.

 5                SENATOR MARCELLINO:   That Lyme 

 6   Disease Task Force can hold their meeting in 

 7   Room 332C; Senator Hannon will guide the way.

 8                And if we could have the 

 9   noncontroversial reading of Senate Supplemental 

10   Calendar Number 48A at this time.

11                ACTING PRESIDENT VALESKY:   The 

12   Secretary will proceed with the noncontroversial 

13   reading of Senate Supplemental Calendar 48A.

14                THE SECRETARY:   Calendar Number 

15   1282, by Senator Gallivan, Senate Print 109, an 

16   act to amend the Civil Service Law.

17                ACTING PRESIDENT VALESKY:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT VALESKY:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 58.

25                ACTING PRESIDENT VALESKY:   The 


                                                               3731

 1   bill is passed.

 2                THE SECRETARY:   Senator Breslin 

 3   moves to discharge, from the Committee on Higher 

 4   Education, Assembly Bill Number 6618 and 

 5   substitute it for the identical Senate Bill 

 6   Number 1146, Third Reading Calendar 1283.

 7                ACTING PRESIDENT VALESKY:   

 8   Substitution ordered.

 9                The Secretary will read.  

10                THE SECRETARY:   Calendar Number 

11   1283, by Member of the Assembly Fahy, Assembly 

12   Print Number 6618, an act to amend the Education 

13   Law.

14                ACTING PRESIDENT VALESKY:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT VALESKY:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 58.

22                ACTING PRESIDENT VALESKY:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   1284, by Senator Marcellino, Senate Print 1481, 


                                                               3732

 1   an act to amend the Executive Law.

 2                ACTING PRESIDENT VALESKY:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect on the 60th day.

 6                ACTING PRESIDENT VALESKY:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 58.

10                ACTING PRESIDENT VALESKY:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   1285, by Senator Martins, Senate Print 2088A, an 

14   act to amend the Public Authorities Law.

15                ACTING PRESIDENT VALESKY:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the 30th day.

19                ACTING PRESIDENT VALESKY:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 58.

23                ACTING PRESIDENT VALESKY:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3733

 1   1286, by Senator Lanza, Senate Print 2459, an 

 2   act to amend the Executive Law.

 3                ACTING PRESIDENT VALESKY:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT VALESKY:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 56.  Nays, 

11   2.  Senators Montgomery and Perkins recorded in 

12   the negative.

13                ACTING PRESIDENT VALESKY:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   1287, by Senator LaValle, Senate Print 2486A, an 

17   act to amend the Executive Law.

18                ACTING PRESIDENT VALESKY:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT VALESKY:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT VALESKY:    


                                                               3734

 1   Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar 1287, those recorded in the negative 

 4   are Senators Gianaris, Gipson, Hoylman, Krueger, 

 5   Montgomery, Perkins, Rivera, Sanders and 

 6   Squadron.  Also Senator Parker.  

 7                Ayes, 48.  Nays, 10.

 8                ACTING PRESIDENT VALESKY:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   1288, by Senator Young, Senate Print 2612, an 

12   act to amend the Executive Law.

13                ACTING PRESIDENT VALESKY:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 120th day.

17                ACTING PRESIDENT VALESKY:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT VALESKY:    

21   Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar 1288, those recorded in the negative 

24   are Senators Gianaris, Hoylman, Krueger, 

25   Montgomery, Parker, Perkins, Rivera, Sanders and 


                                                               3735

 1   Squadron.

 2                Ayes, 49.  Nays, 9.

 3                ACTING PRESIDENT VALESKY:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1289, by Senator Hassell-Thompson, Senate Print 

 7   3382A, an act to amend the Tax Law.

 8                ACTING PRESIDENT VALESKY:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT VALESKY:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 58.

16                ACTING PRESIDENT VALESKY:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   1290, by Senator Robach, Senate Print 3582, an 

20   act to amend the Correction Law.

21                ACTING PRESIDENT VALESKY:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the 90th day.

25                ACTING PRESIDENT VALESKY:   Call 


                                                               3736

 1   the roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT VALESKY:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1291, by Senator Ritchie, Senate Print 3697, an 

 8   act to amend the Correction Law.

 9                ACTING PRESIDENT VALESKY:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the 120th day.

13                ACTING PRESIDENT VALESKY:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT VALESKY:    

17   Announce the results.

18                THE SECRETARY:   In relation to 

19   Calendar 1291, those recorded in the negative 

20   are Senators Avella, Hoylman, Montgomery, 

21   Parker, Peralta, Perkins, Rivera, Sanders, 

22   Squadron and Stavisky.

23                Ayes, 48.  Nays, 10.

24                ACTING PRESIDENT VALESKY:   The 

25   bill is passed.


                                                               3737

 1                THE SECRETARY:   Calendar Number 

 2   1292, by Senator Lanza, Senate Print 4165, an 

 3   act to amend the Correction Law.

 4                ACTING PRESIDENT VALESKY:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 90th day.

 8                ACTING PRESIDENT VALESKY:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 58.

12                ACTING PRESIDENT VALESKY:   The 

13   bill is passed.

14                There is no home-rule message at 

15   the desk on Calendar 1293.  We'll move to 1294.

16                THE SECRETARY:   Calendar Number 

17   1294, by Senator Ritchie, Senate Print 5423, an 

18   act to amend the Correction Law.

19                ACTING PRESIDENT VALESKY:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the 120th day.

23                ACTING PRESIDENT VALESKY:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               3738

 1                THE SECRETARY:   Ayes, 58.

 2                ACTING PRESIDENT VALESKY:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1295, by Senator Griffo, Senate Print 5542, an 

 6   act to amend the Executive Law.

 7                ACTING PRESIDENT VALESKY:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT VALESKY:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 58.

15                ACTING PRESIDENT VALESKY:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   1296, by Senator Maziarz, Senate Print 5935A --

19                SENATOR MARCELLINO:   Mr.  

20   President, can we lay that bill aside for the 

21   day, please.

22                ACTING PRESIDENT VALESKY:   The 

23   bill is laid aside for the day.

24                THE SECRETARY:   Calendar Number 

25   1297, by Senator Marchione, Senate Print 6765, 


                                                               3739

 1   an act to amend the Executive Law.

 2                ACTING PRESIDENT VALESKY:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT VALESKY:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 58.

10                ACTING PRESIDENT VALESKY:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   1298, by Senator Grisanti, Senate Print 6877B --

14                SENATOR MARCELLINO:   Can we lay 

15   that bill aside for the day also, please. 

16                ACTING PRESIDENT VALESKY:   The 

17   bill is laid aside for the day.

18                THE SECRETARY:   Calendar Number 

19   1299, by Senator Griffo, Senate Print 6951, an 

20   act to amend the Public Health Law.

21                ACTING PRESIDENT VALESKY:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT VALESKY:   Call 


                                                               3740

 1   the roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT VALESKY:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1300, by Senator Golden, Senate Print 7120, an 

 8   act to amend the Retirement and Social Security 

 9   Law.

10                ACTING PRESIDENT VALESKY:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect January 1, 2015.

14                ACTING PRESIDENT VALESKY:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 58.

18                ACTING PRESIDENT VALESKY:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   1302, by Senator Sanders, Senate Print 7410, an 

22   act to amend the Vehicle and Traffic Law.

23                ACTING PRESIDENT VALESKY:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3741

 1   act shall take effect on the first of November.

 2                ACTING PRESIDENT VALESKY:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 58.

 6                ACTING PRESIDENT VALESKY:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1303, by Senator Sanders, Senate Print 7418, an 

10   act to amend the Penal Law.

11                ACTING PRESIDENT VALESKY:   Read 

12   the last section.

13                SENATOR GIANARIS:   Lay it aside 

14   for the day.

15                ACTING PRESIDENT VALESKY:   The 

16   bill is laid aside for the day.

17                THE SECRETARY:   Calendar Number 

18   1304, by Senator Hoylman, Senate Print 7541, an 

19   act to amend the Penal Law.

20                ACTING PRESIDENT VALESKY:   Read 

21   the last section.

22                THE SECRETARY:   Section 5.  This 

23   act shall take effect on the first of November.

24                ACTING PRESIDENT VALESKY:   Call 

25   the roll.


                                                               3742

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 58.

 3                ACTING PRESIDENT VALESKY:   The 

 4   bill is passed.

 5                THE SECRETARY:   Senator Espaillat 

 6   moves to discharge, from the Committee on 

 7   Investigations and Government Operations, 

 8   Assembly Bill Number 5388 and substitute it for 

 9   the identical Senate Bill Number 7581, Third 

10   Reading Calendar 1305.

11                ACTING PRESIDENT VALESKY:    

12   Substitution ordered.

13                The Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   1305, by Member of the Assembly Englebright, 

16   Assembly Print Number 5388, an act to amend the 

17   Executive Law.

18                ACTING PRESIDENT VALESKY:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT VALESKY:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 58.


                                                               3743

 1                ACTING PRESIDENT VALESKY:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1306, by Senator Larkin, Senate Print 7616, an 

 5   act to authorize.

 6                ACTING PRESIDENT VALESKY:   There 

 7   is a home-rule message at the desk.

 8                Read the last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT VALESKY:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 58.

15                ACTING PRESIDENT VALESKY:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   1307, by Senator Breslin, Senate Print 7623, an 

19   act to amend the Real Property Tax Law.

20                ACTING PRESIDENT VALESKY:   Read 

21   the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT VALESKY:   Call 

25   the roll.


                                                               3744

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 58.

 3                ACTING PRESIDENT VALESKY:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1308, by Senator Golden, Senate Print 7628A, an 

 7   act to amend the Retirement and Social Security 

 8   Law. 

 9                ACTING PRESIDENT VALESKY:    

10   Calendar 1308 is high and therefore will be laid 

11   aside for the day.

12                The Secretary will proceed with 

13   Calendar Number 1309.

14                THE SECRETARY:   Calendar Number 

15   1309, by Senator O'Brien, Senate Print 7683, an 

16   act to authorize.

17                ACTING PRESIDENT VALESKY:   Read 

18   the last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT VALESKY:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 58.

25                ACTING PRESIDENT VALESKY:   The 


                                                               3745

 1   bill is passed.

 2                Senator Marcellino, that completes 

 3   the noncontroversial reading of Senate 

 4   Supplemental Calendar 48A.

 5                SENATOR MARCELLINO:   Seeing that 

 6   we've worked so expeditiously, it's perhaps a 

 7   good idea if we take a little bit of a recess at 

 8   this point in time.

 9                ACTING PRESIDENT VALESKY:   The 

10   Senate will stand at ease.

11                (Whereupon, the Senate stood at 

12   ease at 3:04 p.m.)

13                (Whereupon, the Senate reconvened 

14   at 5:40 p.m.)

15                SENATOR SKELOS:   Mr. President.  

16                ACTING PRESIDENT AVELLA:   The 

17   Senate will come to order.

18                Senator Skelos.  

19                SENATOR SKELOS:   Mr. President, 

20   there will be an immediate meeting of the 

21   Rules Committee in Room 332 of the Capitol.

22                ACTING PRESIDENT AVELLA:    There 

23   will be an immediate meeting of the Rules 

24   Committee in Room 332.  

25                The Senate will stand at ease.


                                                               3746

 1                (Whereupon, the Senate stood at 

 2   ease at 5:40 p.m.)

 3                (Whereupon, the Senate reconvened 

 4   at 6:02 p.m.)

 5                ACTING PRESIDENT CARLUCCI:   The 

 6   Senate will come to order.

 7                Senator Libous.

 8                SENATOR LIBOUS:   Thank you, 

 9   Mr. President.  

10                I believe there's a report of the 

11   Rules Committee at the desk.  Could we have it 

12   read at this time.

13                ACTING PRESIDENT CARLUCCI:   The 

14   Secretary will read.

15                THE SECRETARY:   Senator Skelos, 

16   from the Committee on Rules, reports the 

17   following bills:  

18                Senate Print 1044, by Senator 

19   Grisanti, an act to amend the Education Law; 

20                Senate 1174, by Senator Robach, an 

21   act to amend the Domestic Relations Law; 

22                Senate 1213A, by Senator 

23   Ranzenhofer, an act to amend the Education Law; 

24                Senate 1882, by Senator Bonacic, an 

25   act to amend the Education Law;


                                                               3747

 1                Senate 2011, by Senator 

 2   Ranzenhofer, an act to amend the Education Law; 

 3                Senate 2458, by Senator Lanza, an 

 4   act to amend the Penal Law; 

 5                Senate 2460A, by Senator Lanza, an 

 6   act to amend the Education Law; 

 7                Senate 2464, by Senator Lanza, an 

 8   act to amend the Education Law; 

 9                Senate 2739B, by Senator 

10   Ranzenhofer, an act to amend the Tax Law;

11                Senate 2926B, by Senator Zeldin, an 

12   act to amend the Criminal Procedure Law; 

13                Senate 3014, by Senator Serrano, an 

14   act to amend the Parks, Recreation and Historic 

15   Preservation Law; 

16                Senate 3079A, by Senator Young, an 

17   act to amend the Civil Rights Law; 

18                Senate 3142, by Senator Golden, an 

19   act to amend the Civil Rights Law; 

20                Senate 3621B, by Senator Lanza, an 

21   act to amend the Tax Law; 

22                Senate 3805A, by Senator Zeldin, an 

23   act to amend the Penal Law; 

24                Senate 4008A, by Senator Flanagan, 

25   an act to amend the Education Law; 


                                                               3748

 1                Senate 4158, by Senator Lanza, an 

 2   act to amend the Penal Law; 

 3                Senate 4492A, by Senator Flanagan, 

 4   an act to amend the Education Law; 

 5                Senate 5045A, by Senator Grisanti, 

 6   an act to amend the Education Law; 

 7                Senate 5357, by Senator Flanagan, 

 8   an act to amend the Education Law; 

 9                Senate 5365, by Senator Flanagan, 

10   an act to amend the Education Law; 

11                Senate 5383, by Senator Flanagan, 

12   an act to amend the Penal Law; 

13                Senate 5518A, by Senator Lanza, an 

14   act to amend the Penal Law; 

15                Senate 5556A, by Senator Flanagan, 

16   an act to amend the Education Law; 

17                Senate 5644A, by Senator Robach, an 

18   act to amend the Retirement and Social Security 

19   Law; 

20                Senate 5693B, by Senator Zeldin, an 

21   act to amend the Real Property Law; 

22                Senate 5711, by Senator Griffo, an 

23   act to amend the Social Services Law; 

24                Senate 5827A, by Senator Flanagan, 

25   an act to amend the Education Law; 


                                                               3749

 1                Senate 6124A, by Senator Gallivan, 

 2   an act in relation to legalizing; 

 3                Senate 6155, by Senator 

 4   Ranzenhofer, an act to amend the Education Law; 

 5                Senate 6174, by Senator Tkaczyk, an 

 6   act to amend Chapter 463 of the Laws of 2000; 

 7                Senate 6449A, by Senator Hannon, an 

 8   act to amend the Education Law; 

 9                Senate 6494A, by Senator 

10   Ranzenhofer, an act to amend the Correction Law; 

11                Senate 6594A, by Senator Tkaczyk, 

12   an act to amend the Highway Law; 

13                Senate 6606, by Senator 

14   DeFrancisco, an act to amend the General 

15   Obligations Law; 

16                Senate 6733, by Senator Martins, an 

17   act to amend the Education Law; 

18                Senate 6803, by Senator Lanza, an 

19   act to amend the Criminal Procedure Law; 

20                Senate 6826B, by Senator Golden, an 

21   act to amend the Penal Law; 

22                Senate 6895A, by Senator Golden, an 

23   act to amend the Penal Law; 

24                Senate 6942, by Senator LaValle, an 

25   act to amend the Domestic Relations Law; 


                                                               3750

 1                Senate 6953, by Senator Carlucci, 

 2   an act to amend the Vehicle and Traffic Law; 

 3                Senate 7036, by Senator Ritchie, an 

 4   act in relation to certain aid; 

 5                Senate 7096, by Senator Grisanti, 

 6   an act to amend the Education Law --

 7                SENATOR LIBOUS:   Mr. President, 

 8   I'm having a difficult time hearing.

 9                (Feedback from audio system.)  

10                SENATOR LIBOUS:   Now I can't hear 

11   a thing.

12                (Laughter.)

13                ACTING PRESIDENT CARLUCCI:    

14   (Gaveling.)  The Senate will come to order.

15                The Secretary will continue.

16                THE SECRETARY:   Senate 7199A, by 

17   Senator Hannon, an act to amend the Education 

18   Law;

19                Senate 7345, by Senator Lanza, an 

20   act to amend Education Law; 

21                Senate 7367, by Senator Lanza, an 

22   act to amend the Local Finance Law; 

23                Senate 7535, by Senator Bonacic, an 

24   act to amend the Family Court Act;

25                Senate 7690A, by Senator Carlucci, 


                                                               3751

 1   an act in relation to granting; 

 2                Senate 7692, by Senator Savino, an 

 3   act to amend the Public Officers Law; 

 4                7393, by Senator Savino, an act to 

 5   amend the Workers' Compensation Law; 

 6                Senate 7733A, by Senator Gipson, an 

 7   act authorizing; 

 8                Senate 7791, by Senator LaValle, an 

 9   act to amend the Education Law; 

10                Senate 7792, by Senator LaValle, an 

11   act to amend the Education Law; 

12                Senate 7793, by Senator LaValle, an 

13   act to amend the Education Law; 

14                Senate 7794, by Senator LaValle, an 

15   act to amend the Education Law; 

16                And Senate 7795, by Senator 

17   LaValle, an act to amend the Education Law.

18                All bills reported direct to third 

19   reading.

20                ACTING PRESIDENT CARLUCCI:    

21   Senator Libous.

22                SENATOR LIBOUS:   Mr. President, 

23   I'd like to move to accept the report of the 

24   Rules Committee.

25                ACTING PRESIDENT CARLUCCI:   All in 


                                                               3752

 1   favor of accepting the report of the Rules 

 2   Committee signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT CARLUCCI:    

 5   Opposed, nay.

 6                (No response.)

 7                ACTING PRESIDENT CARLUCCI:   The 

 8   report is accepted.

 9                SENATOR LIBOUS:   Thank you.  

10                Could we go to motions, 

11   Mr. President?  

12                ACTING PRESIDENT CARLUCCI:    

13   Motions and resolutions.

14                SENATOR LIBOUS:   On behalf of 

15   Senator Young, on page 43 I offer the following 

16   amendments to Calendar Number 952, Senate Print 

17   5509B, and ask that said bill retain its place 

18   on the Third Reading Calendar.

19                ACTING PRESIDENT CARLUCCI:   So 

20   ordered.

21                (Protesters chanting loudly outside 

22   chamber.)

23                SENATOR LIBOUS:   Mr. President, 

24   the competition is rough here, and I'm losing.

25                On behalf of Senator Golden, I wish 


                                                               3753

 1   to call up his bill, Senate Print 4979B, 

 2   recalled from the Assembly, which is now at the 

 3   desk.

 4                ACTING PRESIDENT CARLUCCI:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   786, by Senator Golden, Senate Print 4979B, an 

 8   act to amend the Retirement and Social Security 

 9   Law.

10                SENATOR LIBOUS:   I now move to 

11   reconsider the vote by which this bill was 

12   passed.

13                ACTING PRESIDENT CARLUCCI:   Call 

14   the roll on reconsideration.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 58.

17                SENATOR LIBOUS:   Mr. President, I 

18   offer up the following amendments.

19                ACTING PRESIDENT CARLUCCI:   The 

20   amendments are accepted.

21                SENATOR LIBOUS:   Thank you, 

22   Mr. President.  

23                Is there any further business at 

24   the desk?  

25                ACTING PRESIDENT CARLUCCI:   There 


                                                               3754

 1   is no further business at the desk.

 2                SENATOR LIBOUS:   There being no 

 3   further business before the house today, I will 

 4   move that the Senate shall adjourn until 

 5   tomorrow, June 12th, at 11:00 a.m.

 6                ACTING PRESIDENT CARLUCCI:   The 

 7   Senate will adjourn until June 12th at 

 8   11:00 a.m.

 9                (Whereupon, at 6:08 p.m., the 

10   Senate adjourned.)

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