Regular Session - June 12, 2014

                                                                   3755

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 12, 2014

11                     11:18 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR THOMAS F. O'MARA, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               3756

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

 2                ACTING PRESIDENT O'MARA:   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 O'MARA:   This 

10   morning we're joined by the Reverend Rusheed 

11   Mohammed, pastor of the Greater Miracle 

12   Ministries in Richmond Hill, Queens. 

13                Welcome.  

14                PASTOR RUSHEED:   Thank you.  

15                Hallelujah.  I greet you in the 

16   precious name of our Lord and Savior Jesus 

17   Christ.  Let us pray.  

18                Our Father who art in heaven, 

19   hallowed be Thy name.  Thy kingdom come, Thy 

20   will be done on earth as it is in heaven.  Give 

21   us this day our daily bread, and forgive us our 

22   trespasses, as we forgive those who trespass 

23   against us.  Lead us not into temptation, but 

24   deliver us from evil.  For Thine is the kingdom, 

25   the power, and the glory forever and ever.  


                                                               3757

 1                This day we thank You, O God, for 

 2   great is Thy faithfulness.  Every morning You 

 3   must see as we see.  We bless this house today 

 4   in no other name but in Your name, where 

 5   Democrats and Republicans come together, O God, 

 6   under Your name, just to rule this great nation.  

 7   We thank You for the President and those that 

 8   come together to work under God for this great 

 9   nation.  

10                This morning I bless this house and 

11   all those that take part in governing this 

12   mighty nation.  I pray that Your name will be 

13   exalted, for Thou hast done great things even in 

14   time past, and we look forward for greater 

15   things.  

16                I pray, God, You will bless this 

17   land -- every corner, every boundary, every 

18   nation, every town, every language.  That 

19   America will be America, one nation under God.  

20                May God bless this land, in Jesus' 

21   name we pray.

22                Amen.

23                ACTING PRESIDENT O'MARA:   Thank 

24   you, Reverend.

25                The Secretary will read the 


                                                               3758

 1   Journal.

 2                THE SECRETARY:   In Senate, 

 3   Wednesday, June 11th, the Senate met pursuant to 

 4   adjournment.  The Journal of Tuesday, June 10th, 

 5   was read and approved.  On motion, Senate 

 6   adjourned.

 7                ACTING PRESIDENT O'MARA:   Without 

 8   objection, the Journal stands approved as read.

 9                Presentation of petitions.

10                Messages from the Assembly.

11                The Secretary will read.

12                THE SECRETARY:   On page 12, 

13   Senator Gallivan moves to discharge, from the 

14   Committee on Environmental Conservation, 

15   Assembly Bill Number 2350A and substitute it for 

16   the identical Senate Bill Number 91A, Third 

17   Reading Calendar 336.

18                On page 20, Senator Stavisky moves 

19   to discharge, from the Committee on Codes, 

20   Assembly Bill Number 8331A and substitute it for 

21   the identical Senate Bill Number 3652A, Third 

22   Reading Calendar 580.

23                On page 26, Senator Little moves to 

24   discharge, from the Committee on Higher 

25   Education, Assembly Bill Number 9259A and 


                                                               3759

 1   substitute it for the identical Senate Bill 

 2   Number 6712A, Third Reading Calendar 702.

 3                On page 29, Senator Bonacic moves 

 4   to discharge, from the Committee on Civil 

 5   Service and Pensions, Assembly Bill Number 9099 

 6   and substitute it for the identical Senate Bill 

 7   Number 6802, Third Reading Calendar 791.

 8                On page 30, Senator Latimer moves 

 9   to discharge, from the Committee on Civil 

10   Service and Pensions, Assembly Bill Number 8932 

11   and substitute it for the identical Senate Bill 

12   Number 6824, Third Reading Calendar 793.

13                On page 30, Senator Breslin moves 

14   to discharge, from the Committee on Civil 

15   Service and Pensions, Assembly Bill Number 9236 

16   and substitute it for the identical Senate Bill 

17   Number 6936, Third Reading Calendar 795.

18                On page 35, Senator Lanza moves to 

19   discharge, from the Committee on Codes, Assembly 

20   Bill Number 8196 and substitute it for the 

21   identical Senate Bill Number 5957, Third Reading 

22   Calendar 906.

23                On page 36, Senator Maziarz moves 

24   to discharge, from the Committee on Energy and 

25   Telecommunications, Assembly Bill Number 8583 


                                                               3760

 1   and substitute it for the identical Senate Bill 

 2   Number 6373, Third Reading Calendar 922.

 3                On page 37, Senator Ritchie moves 

 4   to discharge, from the Committee on Agriculture, 

 5   Assembly Bill Number 7002B and substitute it for 

 6   the identical Senate Bill Number 5377A, 

 7   Third Reading Calendar 949.

 8                On page 38, Senator DeFrancisco 

 9   moves to discharge, from the Committee on 

10   Finance, Assembly Bill Number 9577 and 

11   substitute it for the identical Senate Bill 

12   Number 7332, Third Reading Calendar 959.

13                On page 38, Senator Seward moves to 

14   discharge, from the Committee on Insurance, 

15   Assembly Bill Number 9458A and substitute it for 

16   the identical Senate Bill Number 4374A, 

17   Third Reading Calendar 967.

18                On page 41, Senator Felder moves to 

19   discharge, from the Committee on Children and 

20   Families, Assembly Bill Number 9732 and 

21   substitute it for the identical Senate Bill 

22   Number 6813, Third Reading Calendar 1001.

23                On page 43, Senator Espaillat moves 

24   to discharge, from the Committee on Social 

25   Services, Assembly Bill Number 8922 and 


                                                               3761

 1   substitute it for the identical Senate Bill 

 2   Number 7586, Third Reading Calendar 1028.

 3                On page 46, Senator Maziarz moves 

 4   to discharge, from the Committee on Finance, 

 5   Assembly Bill Number 6710A and substitute it for 

 6   the identical Senate Bill Number 1100A, 

 7   Third Reading Calendar 1060.

 8                On page 50, Senator Gallivan moves 

 9   to discharge, from the Committee on Crime 

10   Victims, Crime and Correction, Assembly Bill 

11   Number 9770 and substitute it for the identical 

12   Senate Bill Number 7642, Third Reading Calendar 

13   1159.

14                On page 51, Senator Zeldin moves to 

15   discharge, from the Committee on Local 

16   Government, Assembly Bill Number 9751 and 

17   substitute it for the identical Senate Bill 

18   Number 7269, Third Reading Calendar 1167.

19                On page 53, Senator Ritchie moves 

20   to discharge, from the Committee on 

21   Transportation, Assembly Bill Number 8885A and 

22   substitute it for the identical Senate Bill 

23   Number 6321A, Third Reading Calendar 1183.

24                On page 56, Senator Golden moves to 

25   discharge, from the Committee on Codes, Assembly 


                                                               3762

 1   Bill Number 3549 and substitute it for the 

 2   identical Senate Bill Number 3142, Third Reading 

 3   Calendar 1321.

 4                On page 57, Senator Robach moves to 

 5   discharge, from the Committee on Finance, 

 6   Assembly Bill Number 7862A and substitute it for 

 7   the identical Senate Bill Number 5644A, Third 

 8   Reading Calendar 1333.

 9                On page 57, Senator Griffo moves to 

10   discharge, from the Committee on Aging, Assembly 

11   Bill Number 3430 and substitute it for the 

12   identical Senate Bill Number 5711, Third Reading 

13   Calendar 1335.

14                On page 59, Senator LaValle moves 

15   to discharge, from the Committee on Judiciary, 

16   Assembly Bill Number 9258 and substitute it for 

17   the identical Senate Bill Number 6942, Third 

18   Reading Calendar 1348.

19                On page 60, Senator Lanza moves to 

20   discharge, from the Committee on Education, 

21   Assembly Bill Number 8436 and substitute it for 

22   the identical Senate Bill Number 7345, Third 

23   Reading Calendar 1353.

24                On page 60, Senator Bonacic moves 

25   to discharge, from the Committee on Judiciary, 


                                                               3763

 1   Assembly Bill Number 9464 and substitute it for 

 2   the identical Senate Bill Number 7535, 

 3   Third Reading Calendar 1355.

 4                ACTING PRESIDENT O'MARA:   The 

 5   substitutions are ordered.

 6                Messages from the Governor.

 7                Reports of standing committees.

 8                Reports of select committees.

 9                Communications and reports from 

10   state officers.

11                Motions and resolutions.

12                Senator Libous.

13                SENATOR LIBOUS:   Mr. President, 

14   could you call on Senator Valesky, Senator 

15   Gianaris, and then come back to me.

16                ACTING PRESIDENT O'MARA:   Senator 

17   Valesky.

18                SENATOR VALESKY:   Mr. President, 

19   on behalf of Senator Savino, on page 19 I offer 

20   the following amendments to Calendar Number 547, 

21   Senate Print 6964A, and ask that said bill 

22   retain its place on the Third Reading Calendar.

23                ACTING PRESIDENT O'MARA:   So 

24   ordered.

25                SENATOR VALESKY:   Also on behalf 


                                                               3764

 1   of Senator Savino, on page 49 I offer the 

 2   following amendments to Calendar Number 1110, 

 3   Senate Bill 3667B, and ask that that bill retain 

 4   its place on the Third Reading Calendar.

 5                ACTING PRESIDENT O'MARA:   So 

 6   ordered.

 7                Senator Gianaris.

 8                SENATOR GIANARIS:   Thank you, 

 9   Mr. President.

10                On behalf of Senator Breslin, I 

11   wish to call up his bill, Senate Print Number 

12   7623, recalled from the Assembly, which is now 

13   at the desk.

14                ACTING PRESIDENT O'MARA:   The 

15   Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   1307, by Senator Breslin, Senate Print 7623, an 

18   act to amend the Real Property Tax Law.

19                SENATOR GIANARIS:   Mr. President, 

20   I now move to reconsider the vote by which the 

21   bill passed the house.

22                ACTING PRESIDENT O'MARA:   Call the 

23   roll on reconsideration.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 50.


                                                               3765

 1                SENATOR GIANARIS:   I now offer the 

 2   following amendments.

 3                ACTING PRESIDENT O'MARA:   The 

 4   amendments are accepted.

 5                Senator Libous.

 6                SENATOR LIBOUS:   Thank you, 

 7   Mr. President.

 8                On behalf of Senator Grisanti, on 

 9   page 35 I offer the following amendments to 

10   Calendar Number 912, Senate Print 7344B, and ask 

11   that said bill retain its place on the 

12   Third Reading Calendar.

13                ACTING PRESIDENT O'MARA:   So 

14   ordered.

15                SENATOR LIBOUS:   Mr. President, on 

16   behalf of Senator Felder, on page 41 I offer the 

17   following amendments to Calendar Number 1002, 

18   Senate Print 6814, and ask that said bill retain 

19   its place on the Third Reading Calendar.

20                ACTING PRESIDENT O'MARA:   So 

21   ordered.

22                SENATOR LIBOUS:   And, 

23   Mr. President, on behalf of Senator Grisanti, on 

24   page 48 I offer the following amendments to 

25   Calendar Number 1086, Senate Print 6985, and ask 


                                                               3766

 1   that said bill retain its place on the 

 2   Third Reading Calendar.

 3                ACTING PRESIDENT O'MARA:   So 

 4   ordered.

 5                Senator Libous.  

 6                SENATOR LIBOUS:   Mr. President, at 

 7   this time I'd like to move to adopt the 

 8   Resolution Calendar.

 9                ACTING PRESIDENT O'MARA:   All in 

10   favor of adopting the Resolution Calendar 

11   signify by saying aye.

12                (Response of "Aye.")

13                ACTING PRESIDENT O'MARA:   Opposed, 

14   nay.

15                (No response.)

16                ACTING PRESIDENT O'MARA:   The 

17   Resolution Calendar is adopted.

18                Senator Libous.

19                SENATOR LIBOUS:   Mr. President, at 

20   this time I would like to call an immediate 

21   meeting of the Rules Committee in Room 332.  

22   There will be an immediate meeting of the 

23   Rules Committee in Room 332.  

24                The Senate will stand at ease.

25                ACTING PRESIDENT O'MARA:   There 


                                                               3767

 1   will be an immediate meeting of the 

 2   Rules Committee in Room 332 of the Capitol.  

 3                The Senate will stand at ease.

 4                (Whereupon, the Senate stood at 

 5   ease at 11:29 a.m.)

 6                (Whereupon, the Senate reconvened 

 7   at 11:41 a.m.)

 8                ACTING PRESIDENT O'MARA:   Senator 

 9   Libous.

10                SENATOR LIBOUS:   Mr. President, 

11   thank you.  

12                I believe there's a report of the 

13   Rules Committee at the desk.  Can we have it 

14   read at this time.

15                ACTING PRESIDENT O'MARA:   The 

16   Secretary will read.

17                THE SECRETARY:   Senator Skelos, 

18   from the Committee on Rules, reports the 

19   following bills:  

20                Senate 5879B, by Senator Lanza, an 

21   act to amend the Penal Law; 

22                And Senate 5880, by Senator Hannon, 

23   an act to amend the Executive Law.  

24                Both bills reported direct to third 

25   reading.


                                                               3768

 1                SENATOR LIBOUS:   Mr. President, I 

 2   move to accept the report of the 

 3   Rules Committee.

 4                ACTING PRESIDENT O'MARA:   All in 

 5   favor of accepting the Rules report say aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT O'MARA:   Opposed, 

 8   nay.

 9                (No response.)

10                ACTING PRESIDENT O'MARA:   The 

11   Rules Committee report is accepted.

12                Senator Libous.  

13                SENATOR LIBOUS:   Thank you, 

14   Mr. President.  

15                At this time could we take up the 

16   active list for Thursday, June 12th, the 

17   noncontroversial reading.

18                ACTING PRESIDENT O'MARA:   The 

19   Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   71, by Senator Maziarz, Senate Print 5149A, an 

22   act to amend the Public Service Law.

23                ACTING PRESIDENT O'MARA:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3769

 1   act shall take effect immediately.

 2                ACTING PRESIDENT O'MARA:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 57.

 6                ACTING PRESIDENT O'MARA:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   336, substituted earlier by Member of the 

10   Assembly Ryan, Assembly Print Number 2350A, an 

11   act to amend the Environmental Conservation Law.

12                ACTING PRESIDENT O'MARA:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect on the 180th day.

16                ACTING PRESIDENT O'MARA:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 57.

20                ACTING PRESIDENT O'MARA:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   479, by Senator Zeldin, Senate Print 4757A, an 

24   act to amend the Parks, Recreation and Historic 

25   Preservation Law.


                                                               3770

 1                ACTING PRESIDENT O'MARA:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT O'MARA:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 57.

 9                ACTING PRESIDENT O'MARA:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   564, by Senator Young, Senate Print 7004A, an 

13   act to amend the Public Health Law.

14                ACTING PRESIDENT O'MARA:   Read the 

15   last section.

16                THE SECRETARY:   Section 4.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT O'MARA:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 57.

22                ACTING PRESIDENT O'MARA:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   580, substituted earlier by Member of the 


                                                               3771

 1   Assembly Magnarelli, Assembly Print 8331A, an 

 2   act to amend the Criminal Procedure Law.

 3                ACTING PRESIDENT O'MARA:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT O'MARA:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 57.

11                ACTING PRESIDENT O'MARA:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   607, by Senator DeFrancisco, Senate Print 6639A, 

15   an act to amend the Public Authorities Law.

16                ACTING PRESIDENT O'MARA:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT O'MARA:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 56.  Nays, 

24   1.  Senator Sanders recorded in the negative.

25                ACTING PRESIDENT O'MARA:   The bill 


                                                               3772

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   639, by Senator Valesky, Senate Print 6221, an 

 4   act to amend the Social Services Law.

 5                ACTING PRESIDENT O'MARA:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect on the 180th day.

 9                ACTING PRESIDENT O'MARA:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT O'MARA:   Senator 

13   Valesky to explain your vote.

14                SENATOR VALESKY:   Yes, thank you, 

15   Mr. President.  

16                This bill is the first of many 

17   bills on today's active list that attempt to 

18   address did the issue of the elder abuse, 

19   particularly financial elder abuse.  This would 

20   authorize banks, under the suspicion that an 

21   elderly person was being used, taken advantage 

22   of, to withhold moving forward on transactions.  

23                I want to thank Senator Gallivan, 

24   who's been my partner in this effort, as 

25   chairman of the Crime Victims Committee.  We 


                                                               3773

 1   together worked on a report that we put out 

 2   about a month ago.  And again, a number of 

 3   pieces of legislation that came from that report 

 4   are before us today.

 5                I vote in the affirmative.

 6                ACTING PRESIDENT O'MARA:   Announce 

 7   the result.

 8                THE SECRETARY:   Ayes, 57.

 9                ACTING PRESIDENT O'MARA:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   653, by Senator Klein, Senate Print 3041, an act 

13   to amend the Vehicle and Traffic Law.

14                ACTING PRESIDENT O'MARA:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect on the 180th day.

18                ACTING PRESIDENT O'MARA:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 57.

22                ACTING PRESIDENT O'MARA:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   695, by Senator Flanagan, Senate Print 5322A, an 


                                                               3774

 1   act to amend the Education Law.

 2                ACTING PRESIDENT O'MARA:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT O'MARA:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 57.

10                ACTING PRESIDENT O'MARA:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   702, substituted earlier by Member of the 

14   Assembly Lupardo, Assembly Print 9259A, an act 

15   to amend the Education Law.

16                ACTING PRESIDENT O'MARA:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT O'MARA:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 57.

24                ACTING PRESIDENT O'MARA:   The bill 

25   is passed.


                                                               3775

 1                THE SECRETARY:   Calendar Number 

 2   724, by Senator Hannon, Senate Print 3942A, an 

 3   act to amend the Executive Law.

 4                ACTING PRESIDENT O'MARA:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT O'MARA:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 57.

12                ACTING PRESIDENT O'MARA:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   755, by Senator Valesky, Senate Print 2951, an 

16   act to amend the Penal Law.

17                ACTING PRESIDENT O'MARA:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the 60th day.

21                ACTING PRESIDENT O'MARA:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 57.

25                ACTING PRESIDENT O'MARA:   The bill 


                                                               3776

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   760, by Senator Gallivan, Senate Print 5950A, an 

 4   act to amend the Civil Rights Law.

 5                ACTING PRESIDENT O'MARA:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT O'MARA:   Call the 

10   roll.

11                (The Secretary called the roll.) 

12                THE SECRETARY:   Ayes, 56.  Nays, 

13   1.  Senator Perkins recorded in the negative.

14                ACTING PRESIDENT O'MARA:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   762, by Senator Klein, Senate Print 6634C, an 

18   act to amend the Penal Law.

19                ACTING PRESIDENT O'MARA:   Read the 

20   last section.

21                THE SECRETARY:   Section 5.  This 

22   act shall take effect on the first of November.

23                ACTING PRESIDENT O'MARA:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3777

 1                ACTING PRESIDENT O'MARA:   Senator 

 2   Klein to explain your vote.

 3                SENATOR KLEIN:   Thank you, 

 4   Mr. President.  

 5                Today we're here because of one 

 6   small but very brave little champion named Luis 

 7   Oyola, also known as Luisito.  

 8                On a late August afternoon in the 

 9   Bronx, unfortunately something happened that 

10   happens too many times in areas around the City 

11   of New York.  It was a summer day, and it was 

12   coming to an end, and a heated argument broke 

13   out between two men in Vidalia Park in the 

14   Bronx.  At the same time, little Luis was 

15   enjoying a happy day with his family just a few 

16   feet away.  As the argument between the two men 

17   intensified, guns were drawn and bullets flew, 

18   hitting little Luis in the arm, just three years 

19   old at the time.  

20                Luckily, Luis was rushed to 

21   St. Barnabas Hospital in the Bronx, where the 

22   emergency room doctors were able to retrieve the 

23   bullet and mend Luis's arm just in time to 

24   escape long-term damage, and he was thankfully 

25   able to have a full recovery.


                                                               3778

 1                Unfortunately, this happens quite 

 2   often throughout areas in our state.  

 3   Unbeknownst to many, gun violence is something 

 4   that even occurs in school playgrounds as well 

 5   as parks.  That led myself and I know 

 6   Assemblyman Luis Sepulveda, who I believe is in 

 7   the chamber with us today, to collaborate and 

 8   put forth legislation which we're calling 

 9   Luisito's Law.

10                One of the things that we have to 

11   be very mindful of is that our playgrounds are 

12   meant to be playgrounds.  They're not supposed 

13   to be shooting galleries.  And unfortunately, 

14   gun violence in my borough of the Bronx is on 

15   the rise.  Just over the past two years, at 

16   least four other young children have been 

17   injured by gunfire in Bronx parks, including 

18   another incident at the very same park that 

19   Luisito was injured in back in 2012.  

20                This led us to introduce 

21   legislation which I think will go a long way 

22   towards curbing gun violence.  And I think what 

23   we're doing by introducing and passing this 

24   legislation is sending a very simple but strong 

25   message to criminals:  If you take aim at our 


                                                               3779

 1   children, we will fire right back.  

 2                This legislation would make it a 

 3   B felony to injure a child under 10 years old 

 4   with any deadly weapon, with a sentence of up to 

 5   25 years.  It would also increase penalties for 

 6   violent crimes committed with a gun in or near 

 7   school grounds or playgrounds, and could carry 

 8   up to 15 years in prison.  These places are 

 9   sacred ground and need to be immune to senseless 

10   crimes, and I think this bill will help keep our 

11   schoolyards and playgrounds safe places where 

12   children and their families can continue to make 

13   happy memories.  

14                Mr. President, I vote yes, and I 

15   look forward to quick passage in the Assembly as 

16   well.  

17                Thank you.

18                ACTING PRESIDENT O'MARA:   Senator 

19   Klein in the affirmative.

20                Announce the result.

21                THE SECRETARY:   Ayes, 56.  Nays, 

22   1.  Senator Perkins recorded in the negative.

23                ACTING PRESIDENT O'MARA:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3780

 1   764, by Senator Gallivan, Senate Print 7177, an 

 2   act to amend the Penal Law.

 3                ACTING PRESIDENT O'MARA:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT O'MARA:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 57.

11                ACTING PRESIDENT O'MARA:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   766, by Senator Nozzolio, Senate Print 7187, an 

15   act to amend the Penal Law.

16                ACTING PRESIDENT O'MARA:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT O'MARA:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT O'MARA:   Senator 

24   Nozzolio to explain your vote.

25                SENATOR NOZZOLIO:   Mr. President, 


                                                               3781

 1   yes, thank you very much, on Calendar 766.

 2                This measure, along with a number 

 3   of other measures that are being enacted today, 

 4   are part of an effort established to prevent the 

 5   very serious crimes of elder abuse.

 6                I want to thank my colleagues 

 7   Senator Valesky, Senator Carlucci and others who 

 8   participated in helping prevent a serious 

 9   occurrence that happens virtually every second 

10   in America, where a vulnerable senior citizen is 

11   part of a fraud, part of an abuse.  And that 

12   nonetheless, I hope that this measure, along 

13   with measures that are being proffered today by 

14   a number of our members, are placed with 

15   greatest consideration and enacted with very 

16   deliberate speed by the New York State Assembly.  

17                Our vulnerable senior citizens 

18   should not be preyed upon.  This is a state that 

19   should provide protections to our seniors to 

20   ensure that they can live in the quality of life 

21   that they deserve.

22                So, Mr. President and my 

23   colleagues, I thank all of us for supporting 

24   these measures.  I also hasten to add that 

25   Senator Gallivan was very active in these 


                                                               3782

 1   efforts as well, to ensure that the most 

 2   vulnerable are cared for in our state, that laws 

 3   protect them, and that the prosecution of those 

 4   laws will be to the fullest of those who cross 

 5   the line and prey on our most vulnerable, our 

 6   senior population.

 7                Thank you, Mr. President.  I urge 

 8   an aye vote on this measure today.

 9                ACTING PRESIDENT O'MARA:   Senator 

10   Nozzolio in the affirmative.

11                Announce the result.

12                THE SECRETARY:   Ayes, 57.

13                ACTING PRESIDENT O'MARA:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   791, substituted earlier by Member of the 

17   Assembly Cahill, Assembly Print 9099, an act 

18   relating to the eligibility.

19                ACTING PRESIDENT O'MARA:   There is 

20   a home-rule message at the desk.

21                Read the last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.


                                                               3783

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 57.

 3                ACTING PRESIDENT O'MARA:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   792, by Senator Martins, Senate Print 6810, an 

 7   act to amend the Retirement and Social Security 

 8   Law.

 9                ACTING PRESIDENT O'MARA:   There is 

10   a home-rule message at the desk.

11                Read the last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT O'MARA:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 56.  Nays, 

18   1.  Senator Libous recorded in the negative.

19                ACTING PRESIDENT O'MARA:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   793, substituted earlier by Member of the 

23   Assembly Buchwald, Assembly Print Number 8932, 

24   an act in relation to granting.

25                ACTING PRESIDENT O'MARA:   Read the 


                                                               3784

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT O'MARA:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 57.

 8                ACTING PRESIDENT O'MARA:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   794, by Senator Breslin, Senate Print 6935, an 

12   act granting.

13                ACTING PRESIDENT O'MARA:   There is 

14   a home-rule message at the desk.  

15                Read the last section.

16                THE SECRETARY:   Section 6.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT O'MARA:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 57.

22                ACTING PRESIDENT O'MARA:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   795, substituted earlier by Member of the 


                                                               3785

 1   Assembly McDonald, Assembly Print 9236, an act 

 2   granting retroactive Tier IV membership.

 3                ACTING PRESIDENT O'MARA:   There is 

 4   a home-rule message at the desk.

 5                Read the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT O'MARA:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 57.

12                ACTING PRESIDENT O'MARA:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   796, by Senator Breslin, Senate Print 6937, an 

16   act granting retroactive Tier IV membership.

17                ACTING PRESIDENT O'MARA:   There is 

18   a home-rule message at the desk.

19                Read the last section.

20                THE SECRETARY:   Section 6.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT O'MARA:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 57.


                                                               3786

 1                ACTING PRESIDENT O'MARA:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   797, by Senator Seward, Senate Print 6950, an 

 5   act in relation to granting.

 6                ACTING PRESIDENT O'MARA:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT O'MARA:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 56.  Nays, 

14   1.  Senator Gipson recorded in the negative.

15                ACTING PRESIDENT O'MARA:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   799, by Senator Savino, Senate Print 6999, an 

19   act to amend the Civil Service Law.

20                ACTING PRESIDENT O'MARA:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.


                                                               3787

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT O'MARA:   Announce 

 3   the result.

 4                THE SECRETARY:   In relation to 

 5   Calendar 799, those recorded in the negative are 

 6   Senators Gallivan, Griffo, Hannon, LaValle, 

 7   Little, Marcellino, Marchione, O'Mara, 

 8   Ranzenhofer, Ritchie, Seward and Zeldin.  Also 

 9   Senator DeFrancisco.  

10                Ayes, 44.  Nays, 13.

11                ACTING PRESIDENT O'MARA:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   817, by Senator Golden, Senate Print 1960, an 

15   act to amend the Vehicle and Traffic Law.

16                ACTING PRESIDENT O'MARA:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the 180th day.

20                ACTING PRESIDENT O'MARA:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 57.

24                ACTING PRESIDENT O'MARA:   The bill 

25   is passed.


                                                               3788

 1                THE SECRETARY:   Calendar Number 

 2   834, by Senator Griffo, Senate Print 2090B, an 

 3   act to amend the Tax Law.

 4                ACTING PRESIDENT O'MARA:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT O'MARA:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 57.

12                ACTING PRESIDENT O'MARA:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   838, by Senator Young, Senate Print 2687, an act 

16   to amend the Education Law.

17                ACTING PRESIDENT O'MARA:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT O'MARA:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 57.

25                ACTING PRESIDENT O'MARA:   The bill 


                                                               3789

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   843, by Senator Marcellino, Senate Print 3810D, 

 4   an act to amend the Education Law.

 5                ACTING PRESIDENT O'MARA:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 28.  This 

 8   act shall take effect two years after the date 

 9   on which it shall have become a law.

10                ACTING PRESIDENT O'MARA:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 54.  Nays, 

14   3.  Senators Ball, Gallivan and Ranzenhofer 

15   recorded in the negative.

16                ACTING PRESIDENT O'MARA:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   858, by Senator Martins, Senate Print 6580B, an 

20   act to amend the State Finance Law.

21                ACTING PRESIDENT O'MARA:   Read the 

22   last section.

23                THE SECRETARY:   Section 4.  This 

24   act shall take effect on the 180th day.

25                ACTING PRESIDENT O'MARA:   Call the 


                                                               3790

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 53.  Nays, 

 4   4.  Senators Little, Perkins, Rivera and 

 5   Stavisky recorded in the negative.

 6                ACTING PRESIDENT O'MARA:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   864, by Senator Maziarz, Senate Print 6678, an 

10   act to amend the Education Law.

11                ACTING PRESIDENT O'MARA:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the 90th day.

15                ACTING PRESIDENT O'MARA:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 57.

19                ACTING PRESIDENT O'MARA:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   873, by Senator Hannon, Senate Print 7253A, an 

23   act to amend the Public Health Law.

24                ACTING PRESIDENT O'MARA:   Read the 

25   last section.


                                                               3791

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT O'MARA:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 57.

 7                ACTING PRESIDENT O'MARA:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   886, by Senator Grisanti, Senate Print 6212 --

11                SENATOR LIBOUS:   Lay it aside for 

12   the day.

13                ACTING PRESIDENT O'MARA:   The bill 

14   is laid aside for the day.

15                THE SECRETARY:   Calendar Number 

16   895, by Senator Robach, Senate Print 1018, an 

17   act to amend the Penal Law.

18                ACTING PRESIDENT O'MARA:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect on the first of November.

22                ACTING PRESIDENT O'MARA:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 55.  Nays, 


                                                               3792

 1   2.  Senators Montgomery and Perkins recorded in 

 2   the negative.

 3                ACTING PRESIDENT O'MARA:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   898, by Senator Marcellino, Senate Print 1521, 

 7   an act to amend the Penal Law.

 8                ACTING PRESIDENT O'MARA:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the 180th day.

12                ACTING PRESIDENT O'MARA:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   In relation to 

16   Calendar 898, those recorded in the negative are 

17   Senators Dilan, Gianaris, Hoylman, Montgomery, 

18   Parker, Peralta, Perkins, Rivera, Sampson, 

19   Sanders, Serrano, Squadron and Stavisky.

20                Ayes, 44.  Nays, 13.

21                ACTING PRESIDENT O'MARA:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   901, by Senator Griffo, Senate Print 4006B, an 

25   act to amend the Penal Law.


                                                               3793

 1                ACTING PRESIDENT O'MARA:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT O'MARA:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT O'MARA:   Senator 

 9   DeFrancisco to explain your vote.

10                SENATOR DeFRANCISCO:   Yes.  I 

11   certainly have nothing against employees of the 

12   Office of Children and Family Services who are 

13   added to an ever-growing list of people who, if 

14   assaulted, the assault results in an assault in 

15   the second degree rather than assault in the 

16   third degree.  

17                I've spoken on many of these bills.  

18   The exception as to who the victim might be that 

19   would elevate an assault from third degree to 

20   second degree keeps on expanding in many 

21   different bills, and we have two more on today.  

22                And I just want to indicate that no 

23   matter who the victim is, if you're employed in 

24   a situation where an assault prevents you from 

25   performing your duties, why shouldn't everybody 


                                                               3794

 1   be treated the same way, rather than 

 2   ever-expanding those privileged victims or the 

 3   victims who the defendant is going to be charged 

 4   with a greater assault.  

 5                So I'm going to vote no.

 6                ACTING PRESIDENT O'MARA:   Senator 

 7   DeFrancisco to be recorded in the negative.

 8                The Secretary will announce the 

 9   result.

10                THE SECRETARY:   In relation to 

11   Calendar 901, those recorded in the negative are 

12   Senators DeFrancisco, Montgomery, Parker and 

13   Perkins.

14                Ayes, 53.  Nays, 4.  

15                ACTING PRESIDENT O'MARA:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   905, by Senator Flanagan, Senate Print 5122, an 

19   act to amend the Penal Law.

20                ACTING PRESIDENT O'MARA:   Read the 

21   last section.

22                THE SECRETARY:   Section 4.  This 

23   act shall take effect on the first of November.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.


                                                               3795

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT O'MARA:   Senator 

 3   Squadron to explain your vote.

 4                SENATOR SQUADRON:   Thank you very 

 5   much, Mr. President.  

 6                There are a lot of good parts to 

 7   this bill and parts that I agree with and would 

 8   like to see become law, I know as applies to 

 9   summer camps and others.  Unfortunately, this 

10   bill has an additional provision in it, which is 

11   that any kid 12 years old or older who refuses 

12   to get off a bus when they're told to can be 

13   charged with a Class A misdemeanor.  You can't 

14   do it if you're under 12, but if you're 12 or 

15   older you can be charged with a Class A 

16   misdemeanor for not getting off a bus.  

17                That means kids 12 to 15 in this 

18   state would go from school to the juvenile 

19   system for literally refusing to get off a bus, 

20   criminal trespass of a bus in the second degree, 

21   and a 16-year-old at school who didn't get off 

22   the bus when they're told to, criminal record.  

23   That's not something that I think any of us 

24   should support.  The path from school to jail 

25   doesn't make sense.  


                                                               3796

 1                Otherwise, a very good bill.  I'm 

 2   going to vote no because I don't think we should 

 3   be sending kids into the juvenile system at 

 4   12 years old for not getting off the bus.  They 

 5   should get off the bus, but it's not a criminal 

 6   act.  And I look forward to an opportunity to 

 7   vote for most of the other provisions in this 

 8   bill in the affirmative.  

 9                I'll vote no, Mr. President.

10                ACTING PRESIDENT O'MARA:   Senator 

11   Squadron in the negative.

12                Announce the result.

13                THE SECRETARY:   In relation to 

14   Calendar 905, those recorded in the negative are 

15   Senators Hoylman, Montgomery, Parker, Perkins, 

16   Sampson, Sanders and Squadron.

17                Ayes, 50.  Nays, 7.

18                ACTING PRESIDENT O'MARA:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   906, substituted earlier by Member of the 

22   Assembly Fahy, Assembly Print Number 8196, an 

23   act to amend the Penal Law.

24                ACTING PRESIDENT O'MARA:   Read the 

25   last section.


                                                               3797

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the first of November.

 3                ACTING PRESIDENT O'MARA:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 54.  Nays, 

 7   3.  Senators Montgomery, Parker and Perkins 

 8   recorded in the negative.

 9                ACTING PRESIDENT O'MARA:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   907, by Senator Nozzolio, Senate Print 7427, an 

13   act to amend the Criminal Procedure Law.

14                ACTING PRESIDENT O'MARA:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT O'MARA:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 57.

22                ACTING PRESIDENT O'MARA:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   908, by Senator Nozzolio, Senate Print 7428, an 


                                                               3798

 1   act to amend the Penal Law.

 2                ACTING PRESIDENT O'MARA:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT O'MARA:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 57.

10                ACTING PRESIDENT O'MARA:   The bill 

11   is passed.

12                The next calendar item, 912, was 

13   amended during motions.  Therefore, the 

14   Secretary will read 922.

15                THE SECRETARY:   Calendar Number 

16   922, substituted earlier by Member of the 

17   Assembly Mayer, Assembly Print 8583, an act to 

18   amend the Public Service Law.

19                ACTING PRESIDENT O'MARA:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect January 1, 2015.

23                ACTING PRESIDENT O'MARA:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3799

 1                THE SECRETARY:   Ayes, 57.

 2                ACTING PRESIDENT O'MARA:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   927, by Senator Maziarz, Senate Print 7460, an 

 6   act to amend the Public Service Law.

 7                ACTING PRESIDENT O'MARA:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT O'MARA:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 57.

15                ACTING PRESIDENT O'MARA:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   933, by Senator Klein, Senate Print 2323A, an 

19   act to amend the Social Services Law.

20                ACTING PRESIDENT O'MARA:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the first of January.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.


                                                               3800

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 57.

 3                ACTING PRESIDENT O'MARA:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   934, by Senator Klein, Senate Print 2328A, an 

 7   act to amend the Social Services Law.

 8                ACTING PRESIDENT O'MARA:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the 180th day.

12                ACTING PRESIDENT O'MARA:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 57.

16                ACTING PRESIDENT O'MARA:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   935, by Senator Young, Senate Print 2617A, an 

20   act to amend the Social Services Law.

21                ACTING PRESIDENT O'MARA:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT O'MARA:   Call the 


                                                               3801

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 57.

 4                ACTING PRESIDENT O'MARA:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   942, by Senator Ritchie, Senate Print 3693, an 

 8   act to amend the Agriculture and Markets Law.

 9                ACTING PRESIDENT O'MARA:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the first of January.

13                ACTING PRESIDENT O'MARA:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 57.

17                ACTING PRESIDENT O'MARA:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   943, by Senator DeFrancisco, Senate Print 3732C, 

21   an act to amend the Economic Development Law.

22                ACTING PRESIDENT O'MARA:   Read the 

23   last section.

24                THE SECRETARY:   Section 6.  This 

25   act shall take effect immediately.


                                                               3802

 1                ACTING PRESIDENT O'MARA:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 57.

 5                ACTING PRESIDENT O'MARA:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   949, substituted earlier by Member of the 

 9   Assembly Magee, Assembly Print Number 7002B, an 

10   act to amend the Agriculture and Markets Law.

11                ACTING PRESIDENT O'MARA:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT O'MARA:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 57.

19                ACTING PRESIDENT O'MARA:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   959, substituted earlier by Member of the 

23   Assembly Farrell, Assembly Print Number 9577, an 

24   act to amend the Abandoned Property Law.

25                ACTING PRESIDENT O'MARA:   Read the 


                                                               3803

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT O'MARA:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 57.

 8                ACTING PRESIDENT O'MARA:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   967, substituted earlier by Member of the 

12   Assembly Cahill, Assembly Print Number 9458A, an 

13   act to amend the Insurance Law.

14                ACTING PRESIDENT O'MARA:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT O'MARA:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 57.

22                ACTING PRESIDENT O'MARA:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   972, by Senator Lanza, Senate Print 5970, an act 


                                                               3804

 1   to amend the Tax Law.

 2                ACTING PRESIDENT O'MARA:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT O'MARA:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 57.

10                ACTING PRESIDENT O'MARA:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   975, by Senator LaValle, Senate Print 6965, an 

14   act to amend the Tax Law.

15                ACTING PRESIDENT O'MARA:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT O'MARA:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 57.

23                ACTING PRESIDENT O'MARA:   The bill 

24   is passed.

25                THE SECRETARY:   On page 40, 


                                                               3805

 1   Senator Carlucci moves to discharge, from the 

 2   Committee on Corporation, Authorities and 

 3   Commissions, Assembly Bill Number 9349 and 

 4   substitute it for the identical Senate Bill 

 5   Number 6993, Third Reading Calendar 980.

 6                ACTING PRESIDENT O'MARA:   The 

 7   substitution is so ordered.

 8                There is a home-rule message at the 

 9   desk.

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   980, by Member of the Assembly Jaffee, Assembly 

13   Print Number 9349, an act to amend the Public 

14   Authorities Law.

15                ACTING PRESIDENT O'MARA:   Read the 

16   last section.

17                THE SECRETARY:   Section 4.  This 

18   act shall take effect on December 31, 2014.

19                ACTING PRESIDENT O'MARA:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 57.

23                ACTING PRESIDENT O'MARA:   The bill 

24   is passed.

25                THE SECRETARY:   On page 40, 


                                                               3806

 1   Senator Griffo moves to discharge, from the 

 2   Committee on Corporations, Authorities and 

 3   Commissions, Assembly Bill Number 9579A and 

 4   substitute it for the identical Senate Bill 

 5   Number 7241A, Third Reading Calendar 981.

 6                ACTING PRESIDENT O'MARA:    

 7   Substitution ordered.

 8                The Secretary will read.  

 9                THE SECRETARY:   Calendar Number 

10   981, by Member of the Assembly Brindisi, 

11   Assembly Print Number 9579A, an act to amend the 

12   Public Authorities Law.

13                ACTING PRESIDENT O'MARA:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT O'MARA:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 56.  Nays, 

21   1.  Senator Ball recorded in the negative.

22                ACTING PRESIDENT O'MARA:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   982, by Senator Seward, Senate Print 7318, an 


                                                               3807

 1   act to amend the Public Authorities Law.

 2                ACTING PRESIDENT O'MARA:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT O'MARA:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 57.

10                ACTING PRESIDENT O'MARA:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1001, substituted earlier by Member of the 

14   Assembly Lupardo, Assembly Print Number 9732, an 

15   act to amend the Social Services Law.

16                ACTING PRESIDENT O'MARA:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT O'MARA:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 57.

24                ACTING PRESIDENT O'MARA:   The bill 

25   is passed.


                                                               3808

 1                The next calendar number, 2002, was 

 2   amended on motions.  Therefore, the Secretary 

 3   will read Calendar Number 1012.

 4                THE SECRETARY:   Calendar Number 

 5   1012, by Senator Ball, Senate Print 6541A, an 

 6   act to amend the Real Property Tax Law.

 7                ACTING PRESIDENT O'MARA:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the first of January.

11                ACTING PRESIDENT O'MARA:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT O'MARA:   Senator 

15   Ball to explain your vote.

16                SENATOR BALL:   Yeah, just briefly 

17   on this piece of legislation.  

18                We're working with an organization 

19   called Purple Heart Homes, with John Gallina and 

20   Dale Beatty, both combat vets that are 

21   service-disabled veterans that were injured in 

22   combat.  They started an organization, they were 

23   actually nominated by CNN.  And they were here, 

24   I think many of you will remember them.  And 

25   we're working with them to build and renovate 


                                                               3809

 1   homes all throughout the state.  

 2                In my district we have a Vietnam 

 3   vet, a service-disabled vet that took shrapnel 

 4   to the head, was never welcomed home properly.  

 5   And about six months ago, maybe a little bit 

 6   more, my office got a call that this veteran was 

 7   going to become homeless.  And that he doesn't 

 8   even have a functioning shower, works at the 

 9   local supermarket and uses the local gym early 

10   in the morning for his shower.  

11                We haven't always done the right 

12   thing by our vets, and this organization is 

13   picking up that slack, a lot of good work.  But 

14   the reason why we've done this, and digging into 

15   even if you have a not-for-profit that's willing 

16   to donate their time, their services, their 

17   money, or if you have individuals that are 

18   willing to donate property, even in my district, 

19   especially in my district, but in all of our 

20   districts, we know the expense of property 

21   taxes.  

22                We had a piece of property that was 

23   going to be donated, it was 10 acres that was 

24   going to be donated for a service-disabled vet, 

25   but the taxes on that property over $20,000.  So 


                                                               3810

 1   even if that service-disabled vet could benefit 

 2   from that home being donated to them, they 

 3   wouldn't be able to afford the property taxes.  

 4                And we have to realize that they're 

 5   men and women that have had arms lost, legs 

 6   blown off.  And we may think that there's a huge 

 7   payday.  They're lucky if they're making $2500, 

 8   $3,000, $4,000 a month after they lost both of 

 9   their legs in service to this country.  So they 

10   cannot afford those property taxes.  

11                Other states, great states, not 

12   dissimilar to New York -- and also a great 

13   state -- but states like Texas have allowed this 

14   exemption.  This is critically important.  And I 

15   hope that at some point -- if not this year, 

16   soon -- the Assembly will pass this bill as 

17   well.

18                Thanks.

19                ACTING PRESIDENT O'MARA:   Senator 

20   Ball to be recorded in the affirmative.

21                Announce the result.

22                THE SECRETARY:   Ayes, 57.

23                ACTING PRESIDENT O'MARA:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3811

 1   1015, by Senator Flanagan, Senate Print 1193, an 

 2   act to amend the Parks, Recreation and Historic 

 3   Preservation Law.

 4                ACTING PRESIDENT O'MARA:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT O'MARA:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 57.

12                ACTING PRESIDENT O'MARA:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1016, by Senator Larkin, Senate Print 3991, an 

16   act to amend the Parks, Recreation and Historic 

17   Preservation Law.

18                ACTING PRESIDENT O'MARA:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT O'MARA:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 57.


                                                               3812

 1                ACTING PRESIDENT O'MARA:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1025, by Senator Avella, Senate Print 6784A, an 

 5   act to amend the Social Services Law.

 6                ACTING PRESIDENT O'MARA:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the 90th day.

10                ACTING PRESIDENT O'MARA:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 56.  Nays, 

14   1.  Senator DeFrancisco recorded in the 

15   negative.

16                ACTING PRESIDENT O'MARA:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1028, substituted earlier by Member of the 

20   Assembly Lupardo, Assembly Print Number 8922, an 

21   act to amend the Social Services Law.

22                ACTING PRESIDENT O'MARA:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3813

 1                ACTING PRESIDENT O'MARA:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT O'MARA:   Announce 

 5   the result.

 6                THE SECRETARY:   Ayes, 56.  Nays, 

 7   1.  Senator Ball recorded in the negative.  

 8                ACTING PRESIDENT O'MARA:   The bill 

 9   is passed.  

10                THE SECRETARY:   Calendar Number 

11   1030, by Senator Flanagan, Senate Print 5359A, 

12   an act to amend the Education Law.

13                ACTING PRESIDENT O'MARA:   Read the 

14   last section.  

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT O'MARA:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 56.  Nays, 

21   1.  Senator Stavisky recorded in the negative.

22                ACTING PRESIDENT O'MARA:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1044, by Senator Griffo, Senate Print 2020A, an 


                                                               3814

 1   act to amend the General Business Law.

 2                ACTING PRESIDENT O'MARA:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT O'MARA:   Call the 

 7   roll.

 8                (The Secretary called the roll). 

 9                THE SECRETARY:   Ayes, 54.  Nays, 

10   3.  Senators DeFrancisco, Gipson and Perkins 

11   recorded in the negative.  Also Senator Little.  

12                Ayes, 53.  Nays, 4.

13                ACTING PRESIDENT O'MARA:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1046, by Senator Nozzolio, Senate Print 3307A, 

17   an act to amend the Penal Law.

18                ACTING PRESIDENT O'MARA:   Read the 

19   last section.

20                THE SECRETARY:   Section 4.  This 

21   act shall take effect on the first of November.

22                ACTING PRESIDENT O'MARA:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 55.  Nays, 


                                                               3815

 1   2.  Senators Montgomery and Perkins recorded in 

 2   the negative.

 3                ACTING PRESIDENT O'MARA:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1047, by Senator Griffo, Senate Print 3559, an 

 7   act to amend the Banking Law.

 8                ACTING PRESIDENT O'MARA:   Read the 

 9   last section.

10                THE SECRETARY:   Section 4.  This 

11   act shall take effect on the first of November.

12                ACTING PRESIDENT O'MARA:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 54.  Nays, 

16   3.  Senators Montgomery, Parker and Perkins 

17   recorded in the negative.

18                ACTING PRESIDENT O'MARA:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1049, by Senator Lanza, Senate Print 4156, an 

22   act to amend the Penal Law.

23                ACTING PRESIDENT O'MARA:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3816

 1   act shall take effect on the first of November.

 2                ACTING PRESIDENT O'MARA:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 53.  Nays, 

 6   4.  Senators Montgomery, Parker, Perkins and 

 7   Sanders recorded in the negative.

 8                ACTING PRESIDENT O'MARA:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1051, by Senator Ritchie, Senate Print 5422A, an 

12   act to amend the Penal Law.

13                ACTING PRESIDENT O'MARA:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the first of November.

17                ACTING PRESIDENT O'MARA:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 57.

21                ACTING PRESIDENT O'MARA:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1052, by Senator Carlucci, Senate Print 6379, an 

25   act to amend the Penal Law.


                                                               3817

 1                ACTING PRESIDENT O'MARA:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 12.  This 

 4   act shall take effect on the first of November.

 5                ACTING PRESIDENT O'MARA:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 57.

 9                ACTING PRESIDENT O'MARA:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1054, by Senator Carlucci, Senate Print 7602, an 

13   act to amend the Penal Law.

14                ACTING PRESIDENT O'MARA:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect on the 120th day.

18                ACTING PRESIDENT O'MARA:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 56.  Nays, 

22   1.  Senator Perkins recorded in the negative.

23                ACTING PRESIDENT O'MARA:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3818

 1   1060, substituted earlier by Member of the 

 2   Assembly Mayer, Assembly Print Number 6710A, an 

 3   act to amend the Executive Law.

 4                ACTING PRESIDENT O'MARA:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 60th day.

 8                ACTING PRESIDENT O'MARA:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 57.

12                ACTING PRESIDENT O'MARA:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1061, by Senator Ranzenhofer, Senate Print 

16   1432A, an act to amend the Tax Law.

17                ACTING PRESIDENT O'MARA:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the first of April.

21                ACTING PRESIDENT O'MARA:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 54.  Nays, 

25   3.  Senators Hoylman, Squadron and Stavisky 


                                                               3819

 1   recorded in the negative.

 2                ACTING PRESIDENT O'MARA:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1075, by Senator Flanagan, Senate Print 5252A, 

 6   an act to amend the Education Law.

 7                ACTING PRESIDENT O'MARA:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT O'MARA:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 57.

15                ACTING PRESIDENT O'MARA:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1079, by Senator Carlucci, Senate Print 6397A, 

19   an act to amend the Tax Law.

20                ACTING PRESIDENT O'MARA:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.


                                                               3820

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 57.

 3                ACTING PRESIDENT O'MARA:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1080, by Senator Ranzenhofer, Senate Print 6504, 

 7   an act to amend the Canal Law.

 8                ACTING PRESIDENT O'MARA:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT O'MARA:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 52.  Nays, 

16   5.  Senators Griffo, Hannon, Libous, Perkins and 

17   Rivera recorded in the negative.

18                ACTING PRESIDENT O'MARA:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1095, by Senator Maziarz, Senate Print 7134A, an 

22   act to amend the Public Officers Law.

23                ACTING PRESIDENT O'MARA:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3821

 1   act shall take effect immediately.

 2                ACTING PRESIDENT O'MARA:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 57.

 6                ACTING PRESIDENT O'MARA:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1129, by Senator Valesky, Senate Print 7179, an 

10   act to amend the Civil Practice Law and Rules.

11                ACTING PRESIDENT O'MARA:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT O'MARA:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Those recorded in 

19   the negative are Senators Gipson, Montgomery, 

20   Parker, Perkins and Rivera.  Also Senator 

21   Squadron.  

22                Ayes, 51.  Nays, 6.

23                ACTING PRESIDENT O'MARA:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3822

 1   1156, by Senator Grisanti, Senate Print 548C, an 

 2   act to amend the Environmental Conservation Law.

 3                ACTING PRESIDENT O'MARA:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT O'MARA:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 57.

11                ACTING PRESIDENT O'MARA:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1157, by Senator Young, Senate Print 7489A, an 

15   act to authorize.

16                ACTING PRESIDENT O'MARA:   Read the 

17   last section.

18                THE SECRETARY:   Section 6.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT O'MARA:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 57.

24                ACTING PRESIDENT O'MARA:   The bill 

25   is passed.


                                                               3823

 1                THE SECRETARY:   Calendar Number 

 2   1158, by Senator Lanza, Senate Print 4994, an 

 3   act to amend the Correction Law.

 4                ACTING PRESIDENT O'MARA:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the first of November.

 8                ACTING PRESIDENT O'MARA:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 55.  Nays, 

12   2.  Senators Montgomery and Perkins recorded in 

13   the negative.

14                ACTING PRESIDENT O'MARA:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1159, substituted earlier by Member of the 

18   Assembly O'Donnell, Assembly Print Number 9770, 

19   an act to amend the Correction Law.

20                ACTING PRESIDENT O'MARA:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.


                                                               3824

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 57.

 3                ACTING PRESIDENT O'MARA:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1163, by Senator Skelos, Senate Print 6812A, an 

 7   act to authorize.

 8                ACTING PRESIDENT O'MARA:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT O'MARA:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 54.  Nays, 

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

17   in the negative.

18                ACTING PRESIDENT O'MARA:   The bill 

19   is passed.

20                Senator LaValle.

21                SENATOR LaVALLE:   Mr. President, 

22   can we just take a brief break and recognize 

23   Senator Griffo for a brief announcement.

24                ACTING PRESIDENT O'MARA:   Senator 

25   Griffo.


                                                               3825

 1                SENATOR GRIFFO:   Thank you, 

 2   Mr. President.

 3                It's always a pleasure to have 

 4   guests in here, and we have some special guests 

 5   here from the Camden School District, the fourth 

 6   and fifth graders of Annsville Elementary 

 7   School.  

 8                It's really a pleasure to have them 

 9   here with us today.  They are studying and 

10   learning about government.  And we always know 

11   they've got some great educators with them.  

12   Teachers are very important.  And I've learned 

13   that we always should listen and to respect our 

14   teachers.  There's particularly one that has 

15   made sure that that happens to me, and someone 

16   who's very special to me, my wife, Lorraine, who 

17   is one of the teachers in the gallery today.  

18                So welcome to all of you.

19                (Applause.)

20                SENATOR LaVALLE:   Thank you, 

21   Mr. President.  

22                I think we should now proceed with 

23   the calendar.

24                ACTING PRESIDENT O'MARA:   I too 

25   want to welcome and extend the privileges of the 


                                                               3826

 1   house to the students here and thank Mrs. Griffo 

 2   for bringing them in here today.  

 3                Good to see you, Lorraine.

 4                The Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   1167, substituted earlier by Member of the 

 7   Assembly Ramos, Assembly Print Number 9751, an 

 8   act to amend the Real Property Tax Law.

 9                ACTING PRESIDENT O'MARA:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT O'MARA:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 57.  

17                ACTING PRESIDENT O'MARA:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1174, by Senator Hannon, Senate Print 7591, an 

21   act to authorize.

22                ACTING PRESIDENT O'MARA:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3827

 1                ACTING PRESIDENT O'MARA:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 53.  Nays, 

 5   4.  Senators Bonacic, Larkin, O'Mara and 

 6   Ranzenhofer recorded in the negative.

 7                ACTING PRESIDENT O'MARA:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1175, by Senator Libous, Senate Print 7633, an 

11   act to amend the Town Law.

12                ACTING PRESIDENT O'MARA:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT O'MARA:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 56.  Nays, 

20   1.  Senator Ranzenhofer recorded in the 

21   negative.

22                ACTING PRESIDENT O'MARA:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1183, substituted earlier by Member of the 


                                                               3828

 1   Assembly Russell, Assembly Print Number 8885A, 

 2   an act to amend the Highway Law.

 3                ACTING PRESIDENT O'MARA:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT O'MARA:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 57.

11                ACTING PRESIDENT O'MARA:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1186, by Senator Robach, Senate Print 7548, an 

15   act to amend the Vehicle and Traffic Law.

16                ACTING PRESIDENT O'MARA:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the first of November.

20                ACTING PRESIDENT O'MARA:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 54.  Nays, 

24   3.  Senators Hoylman, Montgomery and Perkins 

25   recorded in the negative.


                                                               3829

 1                ACTING PRESIDENT O'MARA:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1217, by Senator Carlucci, Senate Print 6698A, 

 5   an act to amend the Education Law.

 6                ACTING PRESIDENT O'MARA:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 6.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT O'MARA:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT O'MARA:   Senator 

14   Carlucci to explain your vote.

15                SENATOR CARLUCCI:   Yes, thank you, 

16   Mr. President.  

17                I want to thank my colleagues for 

18   supporting this legislation.  This legislation 

19   that we're passing here today gives parents 

20   another tool to help them pay for their 

21   children's education.  

22                What we're doing today is setting 

23   up a prepay tuition program to allow for parents 

24   and family members to be able to buy credits 

25   when their children might be attending college 


                                                               3830

 1   10, 15 -- in my case, with my 10-month-old son, 

 2   he'll be going to college hopefully in the next 

 3   18 years.  

 4                And so if we look at the inflation 

 5   rate of higher education in the United States, 

 6   we're talking about 7 percent a year.  That 

 7   means by the time that Jack, my son, is ready to 

 8   go to college, I could expect to pay double or 

 9   maybe even triple what people are paying today.

10                So this is a tool that I believe 

11   will go a long way to help make sure that more 

12   families can afford higher education in the 

13   coming years and many years to come.  So I want 

14   to thank my colleagues for supporting this.  

15                Mr. President, I'll be in the 

16   affirmative.

17                ACTING PRESIDENT O'MARA:   Senator 

18   Carlucci in the affirmative.

19                Announce the result.

20                THE SECRETARY:   Ayes, 57.

21                ACTING PRESIDENT O'MARA:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1261, by Senator Klein, Senate Print 6672A, an 

25   act to amend the Insurance Law.


                                                               3831

 1                ACTING PRESIDENT O'MARA:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 5.  This 

 4   act shall take effect on the first of January.

 5                ACTING PRESIDENT O'MARA:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 57.

 9                ACTING PRESIDENT O'MARA:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1301, by Senator Grisanti, Senate Print 1044, an 

13   act to amend the Education Law.

14                ACTING PRESIDENT O'MARA:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT O'MARA:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 55.  Nays, 

22   2.  Senator Ranzenhofer and Sanders recorded in 

23   the negative.

24                ACTING PRESIDENT O'MARA:   The bill 

25   is passed.


                                                               3832

 1                THE SECRETARY:   Calendar Number 

 2   1310, by Senator Robach, Senate Print 1174, an 

 3   act to amend the Domestic Relations Law.

 4                ACTING PRESIDENT O'MARA:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT O'MARA:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 57.

12                ACTING PRESIDENT O'MARA:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1311, by Senator Ranzenhofer, Senate Print 

16   1213A, an act to amend the Education Law.

17                ACTING PRESIDENT O'MARA:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT O'MARA:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 57.

25                ACTING PRESIDENT O'MARA:   The bill 


                                                               3833

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1312, by Senator Bonacic, Senate Print 1882, an 

 4   act to amend the Education Law.

 5                ACTING PRESIDENT O'MARA:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT O'MARA:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 57.

13                ACTING PRESIDENT O'MARA:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1313, by Senator Ranzenhofer, Senate Print 2011, 

17   an act to amend the Education Law.

18                ACTING PRESIDENT O'MARA:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT O'MARA:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 56.  Nays, 


                                                               3834

 1   1.  Senator Zeldin recorded in the negative.

 2                ACTING PRESIDENT O'MARA:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1314, by Senator Lanza, Senate Print 2458, an 

 6   act to amend the Penal Law.

 7                ACTING PRESIDENT O'MARA:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect on the 60th day.

11                ACTING PRESIDENT O'MARA:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   In relation to 

15   Calendar 1314, those recorded in the negative 

16   are Senators Hoylman, Montgomery, Parker, 

17   Perkins, Rivera, Sanders, Serrano and Squadron.

18                Ayes, 49.  Nays, 8.

19                ACTING PRESIDENT O'MARA:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1315, by Senator Lanza, Senate Print 2460A, an 

23   act to amend the Education Law.

24                ACTING PRESIDENT O'MARA:   Read the 

25   last section.


                                                               3835

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT O'MARA:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 57.

 7                ACTING PRESIDENT O'MARA:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1316, by Senator Lanza, Senate Print 2464, an 

11   act to amend the Education Law.

12                ACTING PRESIDENT O'MARA:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT O'MARA:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 57.

20                ACTING PRESIDENT O'MARA:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1317, by Senator Ranzenhofer, Senate Print 

24   2739B, an act to amend the Tax Law.

25                ACTING PRESIDENT O'MARA:   Read the 


                                                               3836

 1   last section.

 2                THE SECRETARY:   Section 4.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT O'MARA:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 57.

 8                ACTING PRESIDENT O'MARA:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1318, by Senator Zeldin, Senate Print 2926B, an 

12   act to amend the Criminal Procedure Law.

13                ACTING PRESIDENT O'MARA:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the first of November.

17                ACTING PRESIDENT O'MARA:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 57.

21                ACTING PRESIDENT O'MARA:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1319, by Senator Serrano, Senate Print 3014, an 

25   act to amend the Parks, Recreation and Historic 


                                                               3837

 1   Preservation Law.

 2                ACTING PRESIDENT O'MARA:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT O'MARA:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 57.

10                ACTING PRESIDENT O'MARA:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1320, by Senator Young, Senate Print 3079A, an 

14   act to amend the Civil Rights Law.

15                ACTING PRESIDENT O'MARA:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the 30th day.

19                ACTING PRESIDENT O'MARA:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 57.

23                ACTING PRESIDENT O'MARA:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3838

 1   1321, substituted earlier by Member of the 

 2   Assembly Weinstein, Assembly Print 3549, an act 

 3   to amend the Civil Rights Law.

 4                ACTING PRESIDENT O'MARA:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT O'MARA:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 57.  

12                ACTING PRESIDENT O'MARA:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1322, by Senator Lanza, Senate Print 3621B, an 

16   act to amend the Tax Law.

17                ACTING PRESIDENT O'MARA:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect July 1, 2014.

21                ACTING PRESIDENT O'MARA:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 57.

25                ACTING PRESIDENT O'MARA:   The bill 


                                                               3839

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1323, by Senator Zeldin, Senate Print 3805A, an 

 4   act to amend the Penal Law.

 5                ACTING PRESIDENT O'MARA:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 7.  This 

 8   act shall take effect on the first of November.

 9                ACTING PRESIDENT O'MARA:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 54.  Nays, 

13   3.  Senators Montgomery, Parker and Perkins 

14   recorded in the negative.

15                ACTING PRESIDENT O'MARA:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1324, by Senator Flanagan, Senate Print 4008A, 

19   an act to amend the Education Law.

20                ACTING PRESIDENT O'MARA:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.


                                                               3840

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT O'MARA:   Senator 

 3   Montgomery to explain your vote.

 4                SENATOR MONTGOMERY:   Yes, 

 5   Mr. President, I would just like to explain my 

 6   vote.

 7                I wanted to compliment Senator 

 8   Flanagan.  He's worked on this issue for some 

 9   time, some years now, and finally we're voting 

10   on it.  And I certainly hope that this year it's 

11   going to actually pass both houses and be signed 

12   by the Governor.

13                It provides for a mechanism for 

14   making sure that we have a stream of funding 

15   available for a program that our state has 

16   instituted in high schools throughout the state, 

17   and it's called the Early College High School 

18   program, which allows for young people, high 

19   school students, to actually take college 

20   credits and high schools to be partnering with 

21   colleges in a way that allows those young people 

22   to have college professors teaching some of 

23   their classes.  

24                And in fact, in some instances they 

25   will be able to graduate from high school with 


                                                               3841

 1   college credits and even, in some cases, a 

 2   two-year college degree.

 3                So this is really a very important 

 4   program.  And again I say to Senator Flanagan, 

 5   thank you for hanging in there.  I know it's 

 6   been a long time negotiating this legislation.  

 7   But we now finally have it before us, and I 

 8   certainly hope that it becomes law this year.

 9                Thank you, Mr. President.  I vote 

10   aye.

11                ACTING PRESIDENT O'MARA:   Senator 

12   Montgomery in the affirmative.

13                Announce the result.

14                THE SECRETARY:   Ayes, 57.

15                ACTING PRESIDENT O'MARA:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1325, by Senator Lanza, Senate Print 4158, an 

19   act to amend the Penal Law.

20                ACTING PRESIDENT O'MARA:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the first of November.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.


                                                               3842

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT O'MARA:   Senator 

 3   DeFrancisco to explain your vote.

 4                SENATOR DeFRANCISCO:   Yes.  This 

 5   is another one of those bills where we keep 

 6   adding people to the preferred victim list in 

 7   order to enhance the penalty.  And of course 

 8   firefighters should be at the same level as 

 9   emergency medical services professionals.  And 

10   maybe social workers should be as well, to 

11   enhance the penalty.  

12                I'm voting no because everyone 

13   that's assaulted in this regard, no matter who 

14   the victim is, should have the defendant's crime 

15   elevated to a higher degree.  We're getting very 

16   close to filling in every single possibility 

17   without saying that any potential victim is -- 

18   the defendant is required to get the enhanced 

19   penalty.  So I'll vote no for that reason.

20                ACTING PRESIDENT O'MARA:   Senator 

21   DeFrancisco to be recorded in the negative.

22                Announce the result.

23                THE SECRETARY:   Ayes, 53.  Nays, 

24   4.  Senators DeFrancisco, Montgomery, Parker and 

25   Perkins recorded in the negative.


                                                               3843

 1                ACTING PRESIDENT O'MARA:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1327, by Senator Grisanti, Senate Print 5045A, 

 5   an act to amend the Education Law.

 6                ACTING PRESIDENT O'MARA:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the 60th day.

10                ACTING PRESIDENT O'MARA:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT O'MARA:   Senator 

14   Grisanti to explain your vote.

15                SENATOR GRISANTI:   Thank you, 

16   Mr. President.  

17                My fellow colleagues, we know that 

18   this past budget cycle we did something 

19   extraordinary, and that was put a huge dent in 

20   the Gap Elimination Adjustment to help school 

21   districts get back the money that they needed.  

22   Our conference fought for that, over eight times 

23   the Assembly doubling the Governor.  

24                This is another piece of 

25   legislation, however, that allows school 


                                                               3844

 1   districts to advertise on their athletic fields.  

 2   Now, in the rural areas, some of these athletic 

 3   fields, that's all that they have in their 

 4   community.  This is what they do on a Friday 

 5   night, this is what they do on a Saturday night.  

 6                The advertising, which is 

 7   restricted from alcohol, tobacco -- sorry, no 

 8   political advertisements allowed either in the 

 9   legislation.  But the school district decides 

10   two things.  One, if they want to do it, so it's 

11   not a mandate.  And two, what ads are going to 

12   be placed on these athletic fields.  

13                This is a huge revenue source, 

14   huge, that the school districts keep 100 percent 

15   that they can utilize for any extracurricular 

16   activities, keeping a teacher on staff, having 

17   after-school programs, have tutoring.  This is 

18   another tool that they will have to allow them 

19   to raise revenue.  

20                I vote aye, urge my colleagues all 

21   to do the same.  And to tell your friends in the 

22   Assembly.  They've got to get this passed, it's 

23   a no-brainer for the school districts.  

24                Thank you, Mr. President.

25                ACTING PRESIDENT O'MARA:   Senator 


                                                               3845

 1   Grisanti in the affirmative.

 2                Announce the result.

 3                THE SECRETARY:   Ayes, 57.

 4                ACTING PRESIDENT O'MARA:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1328, by Senator Flanagan, Senate Print 5357, an 

 8   act to amend the Education Law.

 9                ACTING PRESIDENT O'MARA:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT O'MARA:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 56.  Nays, 

17   1.  Senator Little recorded in the negative.

18                ACTING PRESIDENT O'MARA:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1329, by Senator Flanagan, Senate Print 5365, an 

22   act to amend the Education Law.

23                ACTING PRESIDENT O'MARA:   Read the 

24   last section.

25                THE SECRETARY:   Section 11.  This 


                                                               3846

 1   act shall take effect January 1, 2014.

 2                ACTING PRESIDENT O'MARA:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 56.  Nays, 

 6   1.  Senator Ball recorded in the negative.

 7                ACTING PRESIDENT O'MARA:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1330, by Senator Flanagan, Senate Print 5383, an 

11   act to amend the Penal Law.

12                ACTING PRESIDENT O'MARA:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the first of November.

16                ACTING PRESIDENT O'MARA:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 57.

20                ACTING PRESIDENT O'MARA:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1331, by Senator Lanza, Senate Print 5518A, an 

24   act to amend the Penal Law.

25                ACTING PRESIDENT O'MARA:   Read the 


                                                               3847

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the 90th day.

 4                ACTING PRESIDENT O'MARA:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 56.  Nays, 

 8   1.  Senator Parker recorded in the negative.

 9                ACTING PRESIDENT O'MARA:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1333, substituted earlier by Member of the 

13   Assembly Abbate, Assembly Print 7862A, an act to 

14   amend the Retirement and Social Security Law.

15                ACTING PRESIDENT O'MARA:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT O'MARA:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 57.

23                ACTING PRESIDENT O'MARA:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3848

 1   1334, by Senator Zeldin, Senate Print 5693B, an 

 2   act to amend the Real Property Law.

 3                ACTING PRESIDENT O'MARA:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT O'MARA:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 57.

11                ACTING PRESIDENT O'MARA:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1335, substituted earlier by Member of the 

15   Assembly Brindisi, Assembly Print 3430, an act 

16   to amend the Social Services Law.

17                ACTING PRESIDENT O'MARA:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT O'MARA:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 57.

25                ACTING PRESIDENT O'MARA:   The bill 


                                                               3849

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1337, by Senator Gallivan, Senate Print 6124A, 

 4   an act in relation to legalizing, validating, 

 5   ratifying and confirming.

 6                ACTING PRESIDENT O'MARA:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT O'MARA:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 56.  Nays, 

14   1.  Senator Ball recorded in the negative.

15                ACTING PRESIDENT O'MARA:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1338, by Senator Ranzenhofer, Senate Print 6155, 

19   an act to amend the Education Law.

20                ACTING PRESIDENT O'MARA:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.


                                                               3850

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 57.

 3                ACTING PRESIDENT O'MARA:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1339, by Senator Tkaczyk, Senate Print 6174, an 

 7   act to amend Chapter 463 of the Laws of 2000.

 8                ACTING PRESIDENT O'MARA:   Read the 

 9   last section.

10                THE SECRETARY:   There is a 

11   home-rule message at the desk.

12                Read the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT O'MARA:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 57.

19                ACTING PRESIDENT O'MARA:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1340, by Senator Hannon, Senate Print 6449A, an 

23   act to amend the Education Law.

24                ACTING PRESIDENT O'MARA:   Read the 

25   last section.


                                                               3851

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT O'MARA:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 57.

 7                ACTING PRESIDENT O'MARA:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1341, by Senator Ranzenhofer, Senate Print 

11   6494A, an act to amend the Correction Law.

12                ACTING PRESIDENT O'MARA:   Read the 

13   last section.

14                THE SECRETARY:   Section 4.  This 

15   act shall take effect on the first of January.

16                ACTING PRESIDENT O'MARA:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 57.

20                ACTING PRESIDENT O'MARA:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1342, by Senator Tkaczyk, Senate Print 6594A, an 

24   act to amend the Highway Law.

25                ACTING PRESIDENT O'MARA:   Read the 


                                                               3852

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT O'MARA:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 57.

 8                ACTING PRESIDENT O'MARA:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1343, by Senator DeFrancisco, Senate Print 6606, 

12   an act to amend the General Obligations Law.

13                ACTING PRESIDENT O'MARA:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 30th day.

17                ACTING PRESIDENT O'MARA:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 57.

21                ACTING PRESIDENT O'MARA:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1344, by Senator Martins, Senate Print 6733, an 

25   act to amend the Education Law.


                                                               3853

 1                ACTING PRESIDENT O'MARA:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT O'MARA:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 57.

 9                ACTING PRESIDENT O'MARA:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1345, by Senator Lanza, Senate Print 6803, an 

13   act to amend the Criminal Procedure Law.

14                ACTING PRESIDENT O'MARA:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT O'MARA:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 57.

22                ACTING PRESIDENT O'MARA:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1346, by Senator Golden, Senate Print 6826B, an 


                                                               3854

 1   act to amend the Penal Law.

 2                ACTING PRESIDENT O'MARA:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 13.  This 

 5   act shall take effect on the first of November.

 6                ACTING PRESIDENT O'MARA:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 56.  Nays, 

10   1.  Senator Perkins recorded in the negative.

11                ACTING PRESIDENT O'MARA:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1347, by Senator Golden, Senate Print 6895A, an 

15   act to amend the Penal Law.

16                ACTING PRESIDENT O'MARA:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the 180th day.

20                ACTING PRESIDENT O'MARA:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT O'MARA:   Senator 

24   DeFrancisco to explain your vote.

25                SENATOR DeFRANCISCO:   Yes, I'm 


                                                               3855

 1   going to vote no.  The same reason, we're making 

 2   more and more exceptions.  

 3                I've got to take some time on this, 

 4   because this is a special bill.  I said at one 

 5   time that we're going to get every single person 

 6   possible.  This bill has done it.  So these 

 7   people, if they're assaulted, result in an 

 8   assault in the second degree rather than third 

 9   degree.

10                Currently it's a train operator, a 

11   ticket inspector, a conductor, a signal person, 

12   a bus operator, a station agent.  And we're 

13   adding a station customer assistant, any persons 

14   whose official duties include the sale of 

15   tickets, passes, vouchers, or other payment of a 

16   fare to use a train or a bus, any person whose 

17   official duties include the maintenance or 

18   operation of a train or bus, or any person whose 

19   official duties include the maintenance or 

20   operation of a train or bus station or terminal.  

21   We've got everybody except the rider.  

22                So I would hope that very soon we 

23   put a bill in to include everybody who's being 

24   transported by some transit agency in the State 

25   of New York, and then we've got it.


                                                               3856

 1                So I'm going to vote no.

 2                ACTING PRESIDENT O'MARA:   Senator 

 3   DeFrancisco to be recorded in the negative.

 4                Announce the result.

 5                THE SECRETARY:   In relation to 

 6   Calendar 1347, those recorded in the negative 

 7   are Senators Bonacic, DeFrancisco, Little, 

 8   Montgomery, Parker and Perkins.  

 9                Ayes, 51.  Nays, 6.

10                ACTING PRESIDENT O'MARA:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1348, substituted earlier by Member of the 

14   Assembly Thiele, Assembly Print Number 9258, an 

15   act to amend the Domestic Relations Law.

16                SENATOR LaVALLE:   Lay it aside for 

17   the day, please.

18                ACTING PRESIDENT O'MARA:   The bill 

19   is laid aside for the day.

20                THE SECRETARY:   Calendar Number 

21   1349, by Senator Carlucci, Senate Print 6953, an 

22   act to amend the Vehicle and Traffic Law.

23                ACTING PRESIDENT O'MARA:   Read the 

24   last section.

25                THE SECRETARY:   Section 4.  This 


                                                               3857

 1   act shall take effect on the 120th day.

 2                ACTING PRESIDENT O'MARA:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT O'MARA:   Senator 

 6   Carlucci to explain your vote.

 7                SENATOR CARLUCCI:   Thank you, 

 8   Mr. President.  

 9                The issue of the cost of tolls 

10   around New York State is a huge problem and 

11   something that I believe is really unique to 

12   New York and particularly the metropolitan 

13   region of this state.  In fact, you can drive 

14   from Westchester all the way up to Boston and 

15   not pay a single toll, but if you want to drive 

16   from Rockland to Long Island, you're going to 

17   hit toll after toll after toll.  

18                That means that middle-class 

19   families, their quality of life is being eroded 

20   by just the cost of just getting to work.  It's 

21   costing more and more.  So we have to turn over 

22   every stone and make sure every option is on the 

23   table when it comes to mitigating the cost of 

24   tolls.  

25                This legislation that we're passing 


                                                               3858

 1   today really brings the rules governing New York 

 2   into the 21st century, allowing toll-collecting 

 3   agencies and authorities to work with other 

 4   agencies in the state to go after and suspend a 

 5   chronic toll evader's vehicle registration.  

 6   This is a real important issue, because we're 

 7   losing -- about $30 million a year is going out 

 8   the window.  That's $30 million a year that 

 9   could be used for infrastructure improvements to 

10   make sure that our bridges are safe and secure.

11                So I want to thank my colleagues 

12   for supporting this legislation.  I believe 

13   we'll be able to save money and make sure that 

14   we keep our tolls as low as possible.  

15                Thank you, Mr. President.

16                ACTING PRESIDENT O'MARA:   Senator 

17   Carlucci in the affirmative.

18                Announce the result.

19                THE SECRETARY:   Ayes, 57.

20                ACTING PRESIDENT O'MARA:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1350, by Senator Ritchie, Senate Print 7036, an 

24   act in relation to certain aid.

25                ACTING PRESIDENT O'MARA:   Read the 


                                                               3859

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT O'MARA:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 57.

 8                ACTING PRESIDENT O'MARA:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1351, by Senator Grisanti, Senate Print 7096, an 

12   act to amend the Education Law.

13                ACTING PRESIDENT O'MARA:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT O'MARA:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT O'MARA:   Senator 

21   Grisanti to explain your vote.

22                SENATOR GRISANTI:   Yes, thanks 

23   again, Mr. President.  

24                My fellow colleagues, you may have 

25   remembered last week we had numerous individuals 


                                                               3860

 1   that were here that had flashing hearts on their 

 2   lapels.  That was for this legislation.  This 

 3   legislation is CPR in schools.  

 4                And I want to mention the American 

 5   Heart Association for all their hard work, all 

 6   the other groups -- police, fire, EMTs, veterans 

 7   organizations -- that put forth a strong effort 

 8   to get this passed.  

 9                But I'd be remiss not to mention a 

10   couple of things first.  I want to acknowledge a 

11   constituent of mine, Suzy McCarthy, who lost her 

12   5-year-old daughter Madison, who they believe 

13   fainted while she was in kindergarten class.  

14   She laid there for 16 minutes because they 

15   basically just thought she fainted, nobody 

16   performed CPR.  She ended up passing.  

17                In your districts, I want to 

18   mention Robbie Levine, from Merrick, New York, 

19   9 years old when he died of sudden cardiac 

20   arrest.  Louis Acompora, from Northport, 

21   New York, 14 years old, that died.  

22                When they were here in the Well the 

23   other day, it was sad, because on one side they 

24   had those that survived cardiac arrest because 

25   CPR was performed on them, and on the other side 


                                                               3861

 1   on the banners they had kids that died because 

 2   CPR was not available.  

 3                This is something that can be 

 4   taught in less time than it takes to watch an 

 5   infomercial or Gilligan's Island or The Brady 

 6   Bunch -- I may be showing my age now.  But 

 7   basically, 30 minutes.  

 8                And it's not blowing in the mouth 

 9   anymore, ladies and gentlemen, it's hands-on 

10   CPR.  It's something that the American Heart 

11   Association recognizes.  Seventeen other states 

12   have enacted this.  This is not a mandate.  It 

13   tells the Board of Regents to go ahead and ask 

14   the State Board of Education how to implement 

15   this program in a proper fashion.  It can be 

16   taught in health class, it can be taught in gym, 

17   it can be taught after school.  

18                But in my district, in my district 

19   Molly Budzinski showed how easy it was.  She 

20   brought it to her own school by getting 

21   volunteers from the fire department, EMTs and 

22   ambulance workers that came in with the 

23   materials to teach this.  In 30 minutes, and 

24   then you're on your way.  

25                So in memory of Madison McCarthy, 


                                                               3862

 1   Julie Hart, who fought hard for this for the 

 2   American Heart Association -- and yes, her last 

 3   name is Hart.  So when she was born we know 

 4   where she was going to be in her lifetime now.  

 5   But in memory of Madison McCarthy, all those 

 6   that passed because CPR wasn't available, I'm 

 7   proud to sponsor this legislation.  

 8                It must move in the Assembly.  This 

 9   is the closest it's ever been.  Tell your 

10   colleagues there's no reason why we should not 

11   teach our students in our schools this vital 

12   technique for saving lives that they will carry 

13   with them for the rest of their lives and 

14   utilize it, whether it's in a school ground, in 

15   a movie theater, on the sidewalk or in a 

16   restaurant.  

17                It's something we should have, and 

18   I'm proud to sponsor it.  

19                I vote aye, Mr. President.  

20                ACTING PRESIDENT O'MARA:   Senator 

21   Grisanti in the affirmative.

22                Senator Montgomery to explain your 

23   vote.

24                SENATOR MONTGOMERY:   Yes, 

25   Mr. President.  


                                                               3863

 1                This really is a very good bill.  

 2   I'm very pleased that Senator Grisanti is 

 3   putting forth this legislation.  

 4                I would, however, suggest that I 

 5   have a bill as well which would require first 

 6   responders to have, as part of their training, 

 7   CPR.  And it's because there was a child that 

 8   also died in my district, and for the same 

 9   reason as you express about the child being 

10   actually saved because of the ability of someone 

11   to administer CPR.  Unfortunately, the child in 

12   my district did not survive.  

13                And so there is legislation which 

14   would do exactly the same thing except to add a 

15   group of very important people to your bill, to 

16   your concept, and that would be first responders 

17   in the State of New York.

18                So I'm certainly voting yes on 

19   this.  I certainly hope that we could consider 

20   the possibility of amending this legislation to 

21   include the people that would be covered in my 

22   legislation as well.

23                Thank you, Mr. President.  And I 

24   vote aye.

25                ACTING PRESIDENT O'MARA:   Senator 


                                                               3864

 1   Montgomery in the affirmative.

 2                Senator Boyle to explain his vote.

 3                SENATOR BOYLE:   Mr. President, to 

 4   explain my vote.  

 5                Very quickly, I'd like to 

 6   congratulate the author of this legislation.  

 7   It's vital.  

 8                As a former EMT, I can tell you how 

 9   important CPR is.  And for someone in the EMT 

10   business, they always talk about the city of 

11   Seattle.  If you ever want to have a heart 

12   attack -- and you don't want to have one -- you 

13   want to have it in the city of Seattle, where 

14   almost 70 percent of the population has been 

15   trained in the course of their life on CPR.  

16                I want to make New York State 

17   exactly like Seattle so it is the safest state.  

18   You never want to have a heart attack, but God 

19   forbid you do, you want to have someone there 

20   trained in CPR.  And this is going to give us a 

21   whole new generation of children to do it.  

22                I vote aye.

23                ACTING PRESIDENT O'MARA:   Senator 

24   Boyle in the affirmative.

25                Announce the result.


                                                               3865

 1                THE SECRETARY:   Ayes, 57.

 2                ACTING PRESIDENT O'MARA:   The bill 

 3   is passed.

 4                THE SECRETARY:   On page 59, 

 5   Senator Hannon moves to discharge, from the 

 6   Committee on Rules, Assembly Bill Number 9517A 

 7   and substitute it for the identical Senate Bill 

 8   Number 7199A, Third Reading Calendar 1352.

 9                ACTING PRESIDENT O'MARA:   Read the 

10   last section.

11                THE SECRETARY:   Calendar Number 

12   1352, by Member of the Assembly Gottfried, 

13   Assembly Print 9517A, an act to amend the 

14   Education Law.

15                ACTING PRESIDENT O'MARA:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT O'MARA:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 57.

23                ACTING PRESIDENT O'MARA:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3866

 1   1353, substituted earlier by Member of the 

 2   Assembly O'Donnell, Assembly Print Number 8436, 

 3   an act to amend the Education Law.

 4                ACTING PRESIDENT O'MARA:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT O'MARA:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 57.

12                ACTING PRESIDENT O'MARA:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1354, by Senator Lanza, Senate Print 7367, an 

16   act to amend the Local Finance Law.

17                ACTING PRESIDENT O'MARA:   Read the 

18   last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT O'MARA:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 56.  Nays, 

25   1.  Senator Ball recorded in the negative.


                                                               3867

 1                ACTING PRESIDENT O'MARA:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1355, substituted earlier by Member of the 

 5   Assembly Barrett, Assembly Print Number 9464, an 

 6   act to amend the Family Court Act.

 7                ACTING PRESIDENT O'MARA:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the 90th day.

11                ACTING PRESIDENT O'MARA:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 57.

15                ACTING PRESIDENT O'MARA:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1357, by Senator Savino, Senate Print 7692, an 

19   act to amend the Public Officers Law.

20                ACTING PRESIDENT O'MARA:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT O'MARA:   Call the 

25   roll.


                                                               3868

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 57.

 3                ACTING PRESIDENT O'MARA:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1358, by Senator Savino, Senate Print 7693, an 

 7   act to amend the Workers' Compensation Law.

 8                ACTING PRESIDENT O'MARA:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT O'MARA:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 57.

16                ACTING PRESIDENT O'MARA:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1360, by Senator LaValle, Senate Print 7791, an 

20   act to amend the Education Law.

21                ACTING PRESIDENT O'MARA:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect on the 120th day.

25                ACTING PRESIDENT O'MARA:   Call the 


                                                               3869

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 57.

 4                ACTING PRESIDENT O'MARA:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1361, by Senator LaValle, Senate Print 7792, an 

 8   act to amend the Education Law.

 9                ACTING PRESIDENT O'MARA:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT O'MARA:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT O'MARA:   Senator 

17   Stavisky to explain your vote.

18                SENATOR STAVISKY:   To explain my 

19   vote.

20                This is what I call a déjà vu bill.  

21   We've seen it before in another context.  Very 

22   briefly, it would provide a baccalaureate 

23   program which would require fewer credits to 

24   graduate and in fact would be a three-year 

25   graduation.


                                                               3870

 1                The problem as I see it is that it 

 2   could jeopardize some of the professional 

 3   requirements for degrees.  It could jeopardize 

 4   licensure requirements or accreditation 

 5   programs, as well as admission to graduate 

 6   schools or for jobs that require a four-year 

 7   program.

 8                It also could affect the TAP award 

 9   and the Rational Tuition Policy.  The cost of 

10   this bill is capped at $12,000 for the 

11   three-year period, while the average tuition for 

12   a year of on-campus learning is approximately 

13   $5500 a year or so.  So there's not a large 

14   savings, but there is a savings to the student.

15                However, the student with the 

16   online learning is losing the human contact with 

17   a professor.  And the absence of counseling -- 

18   which some students may be suited for online 

19   classes, some may not.  Some require the human 

20   touch.

21                The last problem that I see as 

22   major problem are the out-of-state students, 

23   because we have students from out of state who 

24   pay an additional tuition charge.  And yet a 

25   student in Idaho or North Dakota can log on, 


                                                               3871

 1   take our courses, and at the same time pay the 

 2   same $12,000 for the three-year programs.

 3                Lastly, SUNY students tend -- 

 4   on-campus students tend to graduate and stay in 

 5   New York, contribute to our economy, to the 

 6   economy.  They work in New York, stay and pay 

 7   taxes in New York State.  And that's not going 

 8   to be true necessarily of the online student in 

 9   North Dakota or some other remote part of the 

10   country.

11                So, Mr. President, I vote no.

12                ACTING PRESIDENT O'MARA:   Senator 

13   Stavisky to be recorded in the negative.

14                Announce the result.

15                THE SECRETARY:   Ayes, 56.  Nays, 

16   1.  Senator Stavisky recorded in the negative.

17                ACTING PRESIDENT O'MARA:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1362, by Senator LaValle, Senate Print 7793, an 

21   act to amend the Education Law.

22                ACTING PRESIDENT O'MARA:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3872

 1                ACTING PRESIDENT O'MARA:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 57.

 5                ACTING PRESIDENT O'MARA:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1363, by Senator LaValle, Senate Print 7794, an 

 9   act to amend the Education Law.

10                ACTING PRESIDENT O'MARA:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT O'MARA:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 57.

18                ACTING PRESIDENT O'MARA:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1364, by Senator LaValle, Senate Print 7795, an 

22   act to amend the Education Law.

23                ACTING PRESIDENT O'MARA:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3873

 1   act shall take effect April 1, 2015.

 2                ACTING PRESIDENT O'MARA:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT O'MARA:   Senator 

 6   Peralta to explain your vote.

 7                SENATOR PERALTA:   Thank you, 

 8   Mr. President.

 9                I applaud Senator LaValle for this 

10   bill that's going to increase TAP for students 

11   to a maximum of $6,470 a year while increasing 

12   the income eligibility from $80,000 to $100,000.

13                I support this bill because a 

14   well-educated workforce, as most of you know -- 

15   or all of you know -- will be better off, our 

16   economy will be better off for it, the city and 

17   the state.  Because the better educated one is, 

18   the higher potential salary one will receive.  

19   Then in turn, that will lead to more revenue to 

20   the state in the form of taxes.  And according 

21   to Comptroller DiNapoli, we're talking over 

22   $60,000 over the lifetime of someone who 

23   receives a bachelor's degree.  

24                A college education is more 

25   important today than it ever has been.  In 


                                                               3874

 1   today's job market, a college degree is more a 

 2   necessity now than a luxury.  In 2013, a 

 3   staggering 22 percent of young adults age 25 to 

 4   32 who had attained only a high school diploma 

 5   lived in poverty, compared to only 7 percent 

 6   back in 1979.  

 7                I also understand that families 

 8   from all across the state are struggling to pay 

 9   for college.  I support increasing the maximum 

10   TAP award.  And, given the costs of college 

11   these days, taking a look at income-eligibility 

12   thresholds makes sense as well, just as this 

13   one.  But this bill only reinforces the 

14   desperate need to open higher education to all 

15   young New Yorkers, including the children of 

16   undocumented New Yorkers, those kids we call 

17   Dreamers.  

18                The fact that there are young 

19   people from all types of backgrounds struggling 

20   to pay for college is not a reason to deny help 

21   to these Dreamers, it's a reason to provide help 

22   to everyone.  As I stated earlier, among the 

23   myriad reasons for making college more 

24   affordable for everyone is the simple fact that 

25   the more educated our workforce is, the better 


                                                               3875

 1   it is for our economy, for our state, and our 

 2   city.  

 3                And make no mistake, Dreamers will 

 4   most certainly be part of our workforce.  These 

 5   are young people who don't know any country 

 6   other than the United States of America.  Their 

 7   hearts are here, their futures are here.  Makes 

 8   into sense to punish them for something that 

 9   their parents did.  It makes sense to help them 

10   succeed so New York as a whole can succeed.  

11                So yes, we need to talk about 

12   raising the maximum TAP grant.  And yes, it, 

13   makes sense to consider raising the income 

14   eligibility threshold.  But we also need to open 

15   college up to everyone.  We need to pass the 

16   Deem Act.  

17                I'll be voting yea.  Thank you, 

18   Mr. President.

19                ACTING PRESIDENT O'MARA:   Senator 

20   Peralta in the affirmative.

21                Announce the result.

22                THE SECRETARY:   Ayes, 57.

23                ACTING PRESIDENT O'MARA:   The bill 

24   is passed.

25                Senator LaValle.


                                                               3876

 1                SENATOR LaVALLE:   Mr. President, 

 2   on each member's desk is Senate Supplemental 

 3   Calendar Number 49A.  May we please take up the 

 4   noncontroversial bills on Supplemental Calendar 

 5   49A.

 6                ACTING PRESIDENT O'MARA:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   1365, by Senator Lanza, Senate Print 5879B, an 

10   act to amend the Penal Law.

11                ACTING PRESIDENT O'MARA:   Read the 

12   last section.

13                THE SECRETARY:   Section 46.  This 

14   act shall take effect on the 90th day.

15                ACTING PRESIDENT O'MARA:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT O'MARA:   Senator 

19   Lanza to explain your vote.

20                SENATOR LANZA:   Thank you, 

21   Mr. President.

22                My colleagues, the idea that one 

23   person can own another was to have been 

24   extinguished in this country 150 years ago.  

25   Sadly, some people have not heard the message.  


                                                               3877

 1   Unfortunately, thousands upon thousands of young 

 2   people, mostly girls, are put into sexual 

 3   bondage every year in this state.  And in fact, 

 4   our state is the state where it occurs more than 

 5   any other place in the country.

 6                This bill, the Trafficking Victims 

 7   Protection and Justice Act, would change that.  

 8   It would finally treat the criminals as 

 9   criminals and victims as victims.  I told the 

10   story last year that as I researched this 

11   legislation, I came across a story about a young 

12   girl who, because of the stress of life, ran 

13   away from home.  She found herself in the 

14   streets, and she was abducted, for all intents 

15   and purposes.  And she was not able to come and 

16   go as she pleased.  A man decided that her life 

17   and her body belonged to him, and he pressed her 

18   into a life of sexual bondage.  And when the 

19   government finally showed up, they arrested her.  

20                And as I read the story, I thought 

21   to myself, in which century has this occurred?  

22   In which country has this occurred?  And the sad 

23   fact is that this is occurring in the here and 

24   the now, and we need to do something about it 

25   and we need to stop it.


                                                               3878

 1                This bill will do that.  It is not 

 2   often, my colleagues, that we have the 

 3   opportunity to pass legislation, to make a law 

 4   that will actually save lives.  What wouldn't 

 5   you do to save one young girl from this horror?  

 6   What wouldn't you do to save a hundred or a 

 7   thousand or 10,000?  That's what we will be 

 8   doing if we can make this bill become a law.  We 

 9   will save the thousands, hopefully, who are 

10   being treated this way who don't have their own 

11   lives any longer, who are pressed into this 

12   horror.  And I think we will go a long way in 

13   ensuring that girls of tomorrow will not endure 

14   this hell.

15                And so, my colleagues, I thank you 

16   for the bipartisan support we've had on this 

17   legislation.  In particular, I want to thank 

18   Assemblywoman Paulin, who, because of 

19   misdirected politics, is having to move 

20   mountains in order to achieve what is a very 

21   common-sense, long overdue, and critically 

22   important piece of legislation in the Assembly, 

23   and she's doing it.  And I thank her for her 

24   leadership there.  

25                I thank all the advocates.  I thank 


                                                               3879

 1   the leaders in this chamber.  And I thank all of 

 2   you, my colleagues, for your support of this 

 3   very, very important legislation.  

 4                Thank you, Mr. President.

 5                ACTING PRESIDENT O'MARA:   Senator 

 6   Lanza to be recorded in the affirmative.

 7                Senator Savino to explain your 

 8   vote.

 9                SENATOR SAVINO:   Thank you, 

10   Mr. President.

11                I rise in support of this 

12   legislation.  And I want to thank my colleague 

13   from Staten Island, Senator Lanza, for his 

14   leadership on this issue.  He's been working on 

15   this bill for several years now, as, as has been 

16   mentioned, Assemblywoman Amy Paulin, who has 

17   been relentless in her efforts to bring a bill 

18   like this through both houses of the 

19   Legislature.  

20                Just about a month ago, many of us 

21   in the international community were shocked when 

22   we saw what was happening in Nigeria when the 

23   Boko Haram had kidnapped 200 schoolgirls from a 

24   Catholic school.  And they disappeared, not to 

25   be found yet, into the sex trades.  And I 


                                                               3880

 1   attended several vigils for those young girls, 

 2   as many of you did, calling on the international 

 3   community to demand the return of these young 

 4   girls.  

 5                And at every one of these vigils we 

 6   all had a chance to talk about the horror of 

 7   what was happening there and how we were shocked 

 8   and aghast about the treatment of these young 

 9   girls and the plight of young women in some of 

10   these far-flung countries.  And at each one of 

11   these I took the opportunity to remind people 

12   that while we were shocked and horrified, and 

13   rightfully so, human trafficking is happening in 

14   our own communities in right here in New York.  

15                In the communities of Sunset Park, 

16   where we have a high degree of Chinese 

17   immigrants, human trafficking happens every day.  

18   We're seeing it in the immigrant communities of 

19   Staten Island, young girls are being trafficked 

20   every day.  

21                So while we express horror about 

22   what's happening in Nigeria, we can't ignore 

23   what's happening in our own communities.  And 

24   this bill is a step in that direction.  We may 

25   not be able to prevent what's happening in those 


                                                               3881

 1   far-flung nations, but we can certainly do more 

 2   to see to it that young girls, who are usually 

 3   in this country on their own without protection 

 4   of family, are not somehow or other brought into 

 5   the sex trades, into a life they never 

 6   envisioned when they imagined coming to America.  

 7                So I want to thank Senator Lanza 

 8   and Assemblywoman Paulin for their work on this, 

 9   and I am very proud to cast my vote in favor of 

10   this bill.  

11                ACTING PRESIDENT O'MARA:   Senator 

12   Savino to be recorded in the affirmative.

13                Senator Gianaris to explain your 

14   vote.

15                SENATOR GIANARIS:   Thank you, 

16   Mr. President.  

17                I want to commend Senator Lanza for 

18   his efforts on this bill.  I'll be voting in 

19   favor of it.  

20                But I do want to comment that to 

21   suggest it is misguided politics for advocates 

22   in the other house to insist that women's 

23   reproductive rights are protected, that Roe v. 

24   Wade is codified as part of the discussions on 

25   this and other bills, is itself misguided and  


                                                               3882

 1   outrageous.  

 2                We negotiate bills all the time in 

 3   this house, and there are differences of opinion 

 4   to be sure.  But it is a perfectly legitimate 

 5   position to insist that we're not going to 

 6   divide the advocacy community, we're not going 

 7   to divide the women of this state into 9/10ths 

 8   of what they should get.  And to suggest that 

 9   that's misguided is itself misguided, 

10   Mr. President.  

11                I vote in favor of this bill, but I 

12   continue to call for the full Women's Equality 

13   Act to be adopted.  

14                Thank you.

15                ACTING PRESIDENT O'MARA:   Senator 

16   Gianaris in the affirmative.

17                Senator Robach to explain your 

18   vote.

19                SENATOR ROBACH:   Yes, 

20   Mr. President, I too want to rise, proud to be a 

21   cosponsor of this bill, thank Senator Lanza, all 

22   the advocates, the Junior League, so many people 

23   who got involved in this, as well as many of the 

24   other points in this women's agenda on equal 

25   pay, other things that I am glad we are taking 


                                                               3883

 1   up in this house and addressing things that most 

 2   New Yorkers agree on and, more importantly, our 

 3   constituents want results on.  

 4                So this bill in particular, so 

 5   happy to support.  As a father, as a legislator, 

 6   it's almost hard for me to believe -- you would 

 7   think in today's day and age this would get 

 8   rarer.  Instead, with technology, 

 9   communications, it's almost become more abundant 

10   than it used to be.  That a lot of women from 

11   foreign countries who were here were the ones 

12   being exploited; now it's equally growing where 

13   runaways in this country are being exported to 

14   other parts of the world.  Completely 

15   unacceptable.

16                So this bill is great in many ways, 

17   but it not only increases appropriate penalties 

18   for those that exploit young people, but it even 

19   goes further to not doubly victimize those 

20   people who are held in bondage, used and 

21   trapped, and make them the guilty party.  

22                So this is going to go a long way 

23   to not only help but also send a clear message 

24   that this is going on, it's unacceptable, the 

25   world is watching and will take it no longer.  


                                                               3884

 1   Happy to cast my vote in the affirmative.

 2                ACTING PRESIDENT O'MARA:   Senator 

 3   Robach to be recorded in the affirmative.

 4                Senator Libous.

 5                SENATOR LIBOUS:   Thank you, 

 6   Mr. President.  

 7                I know that a number of members 

 8   want to explain their vote, as they should, as 

 9   they're entitled to.  I just want to remind them 

10   that they have two minutes to do so.  And that 

11   while we are always lenient and never want to 

12   cut anybody off, I would like the chair to try 

13   to keep members to the two minute limit.

14                ACTING PRESIDENT O'MARA:   I'll get 

15   my stopwatch.

16                SENATOR LIBOUS:   You're a good 

17   man, sir.

18                ACTING PRESIDENT O'MARA:   Senator 

19   Grisanti to explain his vote.  In two minutes or 

20   less.

21                SENATOR GRISANTI:   Yes, thank you, 

22   Mr. President.  

23                You know, Senator Lanza, I want to 

24   actually commend you and thank you for this 

25   piece of legislation.  I'm proud to cosponsor 


                                                               3885

 1   it.  

 2                In Western New York we actually 

 3   held human trafficking hearings, and we had a 

 4   few of them.  And the first one, really, you 

 5   know, not too many people showed up.  I don't 

 6   think people actually realize that it exists.  I 

 7   mean, it exists and is multiplying at an 

 8   alarming rate.  And the second hearing we had, 

 9   more people started showing up, more people 

10   started showing up.  

11                Then we started seeing billboards 

12   of individuals that said "He promised me a job," 

13   "She promised me a job."  That's what they do.  

14   They lure you in, whether you're coming here, 

15   you don't know the language that well, you're 

16   coming here, you're taken advantage of, or if 

17   you're actually born here, you're taken 

18   advantage of.  The runaways, as Senator Robach 

19   has stated.  

20                So this legislation not only 

21   increases the penalties, but it brings awareness 

22   that human trafficking is alive and well and we 

23   have to do everything in our power to stop it as 

24   fast as possible.  

25                So I vote aye, Mr. President.  


                                                               3886

 1   Thank you.

 2                ACTING PRESIDENT O'MARA:   Senator 

 3   Grisanti to be recorded in the affirmative.

 4                Senator Peralta to explain your 

 5   vote.

 6                SENATOR PERALTA:   Thank you, 

 7   Mr. President.  

 8                I too will be voting in the 

 9   affirmative.  I want to thank Senator Lanza for 

10   this piece of legislation.  

11                As it was clearly stated by some of 

12   my colleagues, human trafficking is a growing 

13   epidemic.  And there are various zones in the 

14   City of New York where this is happening.  And 

15   one of those hot zones happens to be in my 

16   district, Roosevelt Avenue, where we have women 

17   who are trafficked from different parts of the 

18   world -- from Mexico, from China, from the 

19   Philippines -- and even locally, from the 

20   United States of America, who are coming down to 

21   Roosevelt Avenue.  

22                And they are promised the world, 

23   the American dream.  For the most part, their 

24   passports are taken, their identification is 

25   taken, and they are told, once they get to 


                                                               3887

 1   Roosevelt Avenue, that they have no other 

 2   alternative.  If they want their family to live, 

 3   if they want their significant others to stay 

 4   alive, that they will have to pay back the cost 

 5   of the trip or the support that they are giving 

 6   them.

 7                So these women are slaves.  And we 

 8   have to acknowledge that these women are 

 9   enslaved, and we have to do something about it.  

10   And this piece of legislation will be very 

11   helpful in educating those who don't know about 

12   the human trafficking world and the hot zones 

13   that exist not only in New York City but 

14   throughout the State of New York.  

15                And it's very important to ensure 

16   that we are on the side of the victims.  Usually 

17   they say this is a victimless crime.  It's not a 

18   victimless crime, because these women are the 

19   victims.  And we need to ensure that we protect 

20   these women who, by no fault of their own, they 

21   are promised this American dream, their 

22   passports taken away, and then when they land 

23   here or when they get to -- usually, in my 

24   district, they are living the American 

25   nightmare.  


                                                               3888

 1                And that's something we need to do 

 2   something about, and I am going to be voting in 

 3   favor of this.  

 4                So thank you very much, 

 5   Mr. President.

 6                ACTING PRESIDENT O'MARA:   Senator 

 7   Peralta to be recorded in the affirmative.

 8                Senator Dilan to explain your vote.

 9                SENATOR DILAN:   Yes, 

10   Mr. President, I rise in support of this piece 

11   of legislation.  I'd like to thank all the prime 

12   sponsors and those that will be voting.

13                Just last week I met with a 

14   constituent who was a victim of sexual bondage.  

15   And this piece of legislation will go a long way 

16   to ensure that similar victims in the future 

17   will not be victimized twice -- once by the 

18   perpetrator and then secondly by our own 

19   judicial system and, believe it or not, our 

20   police department.  

21                Hopefully the judicial system and 

22   the police academy can also include sensitivity 

23   training for those involved in our justice 

24   system to ensure that these individuals are not 

25   victimized twice.  


                                                               3889

 1                And also, with four days remaining 

 2   after today, I hope that the whole ten point 

 3   Women's Equality Act can pass this house.  

 4                Thank you.  I vote yes.

 5                ACTING PRESIDENT O'MARA:   Senator 

 6   Dilan to be recorded in the affirmative.

 7                Senator Hannon to explain your 

 8   vote.

 9                SENATOR HANNON:   Thank you, 

10   Mr. President.

11                I just want to commend Senator 

12   Lanza for carrying this.  

13                And I wanted to add that through 

14   some participation with national organizations, 

15   I got a chance to know that New York's law, 

16   which we had adopted decades ago, had just 

17   become outmoded because the people who prey on 

18   the innocents have adopted new techniques.  

19                And while it's been correctly noted 

20   many times this comes about because of 

21   immigrants, I was also astounded to find out 

22   that the prey comes about from the teenage girl 

23   who is in America who is lost, is without goal, 

24   and there's a whole concept by these evildoers 

25   of grooming.  


                                                               3890

 1                And so it's not just the immigrant 

 2   population, as vulnerable as they may be, that 

 3   we have to be concerned about.  And it just 

 4   underscores the need for this legislation to 

 5   protect the young women of this state from being 

 6   preyed upon.  

 7                And I vote aye.

 8                ACTING PRESIDENT O'MARA:   Senator 

 9   Hannon to be recorded in the affirmative.

10                Senator Sanders to explain your 

11   vote.

12                SENATOR SANDERS:   Thank you, 

13   Mr. President.  

14                I too have to join the chorus that 

15   is congratulating Senator Lanza and the others 

16   who have put up this magnificent piece of work.  

17                I want to say that this is an 

18   example of thinking globally but acting locally.  

19   That there are many parts in the world we have 

20   to do something about, but we should always 

21   start with our own backyard.  We should always 

22   start with where we can actually do something 

23   about the issue.  

24                And this issue is clear to me.  I 

25   have Kennedy Airport and other places, and this 


                                                               3891

 1   is going to be one of the targets of this 

 2   horrible trade.

 3                Now, I do want to say that this 

 4   affects more than women; it also affects young 

 5   boys and men.  So I'm glad that this encompasses 

 6   all.  It's necessary to understand that this is 

 7   attacking all people.

 8                While we are trying to figure out 

 9   the best ways of dealing with the world 

10   situation, again, starting in New York, the 

11   Empire State, we have to let people know that 

12   this is not going to be the center of this 

13   trade, that we in the Empire State have a 

14   government that is committed to making sure that 

15   this type of crime is stamped out.  

16                And this is a great act towards 

17   this, and I'm glad to be voting yes.

18                ACTING PRESIDENT O'MARA:   Senator 

19   Sanders to be recorded in the affirmative.

20                Senator Bonacic to explain your 

21   vote.

22                SENATOR BONACIC:   Thank you, 

23   Mr. President.

24                I also rise to thank Senator Lanza 

25   for his hard work on this subject.  


                                                               3892

 1                This body is voting probably 

 2   unanimously for this bill.  We all know that 

 3   trafficking of women, where it leads them is to 

 4   a form of slavery, to prostitution, to drug 

 5   addiction and/or death.  Every day that the 

 6   Assembly delays in passing this legislation is a 

 7   crime on women.  

 8                I vote yes.  Thank you, 

 9   Mr. President.

10                ACTING PRESIDENT O'MARA:   Senator 

11   Bonacic to be recorded in the affirmative.

12                Senator DeFrancisco to explain his 

13   vote.

14                SENATOR DeFRANCISCO:   I agree with 

15   everything that everyone has said.  This is 

16   obviously an important bill.  It's obviously a 

17   bill that will save women, young women, young 

18   boys.  It's obviously a bill that we're all 

19   going to support.

20                We could have had a law this time 

21   last year -- last year.  This could be in law.  

22   And the provisions of this bill, because we 

23   passed it last year, could be law and could have 

24   saved untold number of young women and young men 

25   for a year.  And why is it not being passed?  


                                                               3893

 1   Because of the political maneuver that we need 

 2   everything, the 10-point agenda or nothing.

 3                Are you kidding me?  Are you 

 4   kidding me?  A bill as necessary as this.  The 

 5   same can be said for the other eight points that 

 6   we passed last year.  All or nothing.  Because 

 7   it wouldn't be a woman's agenda.  

 8                God knows how many young women have 

 9   been hurt because of this political nonsense 

10   about all 10 or nothing.  Every bill can stand 

11   on its own.  If it's a meritorious bill, it can 

12   pass in both houses.  

13                I see we have Assemblywoman Paulin 

14   here.  I'm sure she would agree with that.  It's 

15   her bill; she wants her bill to be passed.

16                So I think if we're this much in 

17   favor of this bill, unanimously and 

18   passionately, we should all march over to the 

19   Speaker and tell him, put the bill on the 

20   agenda.  Let's vote on this bill and not waste 

21   another year because we want to play the all or 

22   nothing politics.  That's childish, it's 

23   dangerous and it's wrong.  

24                I vote aye.

25                ACTING PRESIDENT O'MARA:   Senator 


                                                               3894

 1   DeFrancisco to be recorded in the affirmative.

 2                Senator Martins to explain your 

 3   vote.

 4                SENATOR MARTINS:   Thank you, 

 5   Mr. President.

 6                You have to wonder what's going on 

 7   here in Albany.  There are 10 bills out there, 

 8   nine of them which we have passed in the past.  

 9   Nine bills that could have prevented people from 

10   being taken advantage of, young women, whether 

11   it's here, whether it's people who are recently 

12   arrived in the country, from being taken 

13   advantage of.  These bills can make a 

14   difference, and yet they're being held up.  We 

15   have colleagues in the Assembly who have 

16   supported each one of these nine bills in the 

17   past, but they can't get an opportunity to vote 

18   for them because leadership in the Assembly 

19   won't allow them on the floor.  It's wrong.  

20                I join my colleagues here in 

21   supporting this bill -- obviously it's 

22   unanimous -- and some of our colleagues in the 

23   Assembly who are calling for it.  But if each 

24   one of us does our part on both sides of the 

25   aisle, if we take the opportunity to reach out 


                                                               3895

 1   to our colleagues in the Assembly -- aren't our 

 2   women in New York State worth it?  Aren't our 

 3   children worth it?  Isn't the health and 

 4   integrity of women in this state worth it?  

 5                We can do this this year.  

 6   Mr. President, if each and every one of us takes 

 7   that additional step -- and I'm speaking 

 8   specifically to both sides of the aisle -- this 

 9   can happen this year.  Not just this bill, but 

10   the other eight as well.  

11                I vote aye.

12                ACTING PRESIDENT O'MARA:   Senator 

13   Martins to be recorded in the affirmative.

14                Senator Stavisky to explain your 

15   vote.

16                SENATOR STAVISKY:   Yes.  

17   Mr. President, as I sit here I'm saddened by the 

18   interjection of politics into a very significant 

19   issue, the issue of trafficking.  

20                This is not a political issue.  

21   It's really not a women's issue either.  It's an 

22   issue of the people of the State of New York to 

23   oppose the trafficking.  

24                And I vote aye.

25                ACTING PRESIDENT O'MARA:   Senator 


                                                               3896

 1   Stavisky in the affirmative.

 2                Seeing no other Senator wishing to 

 3   explain your vote -- seeing one more, Senator 

 4   Parker, wishing to explain his vote.

 5                SENATOR PARKER:   Thank you, 

 6   Mr. President, I'd like to explain my vote.  

 7                Let me add my voice to the chorus 

 8   of those who are congratulating Senator Lanza on 

 9   this great bill.  And I think none of us 

10   disagree about how important it is to protect, 

11   you know, particularly women but all members of 

12   our society from sex trafficking and the illegal 

13   sex trade in not just this state but around the 

14   country.  So we certainly stand in support of 

15   this bill, and I'd like to see us go further.  

16                However, I don't think that the 

17   women, whether they have been victims of sex 

18   trafficking or other crimes, think that it is 

19   just politics to protect them from housing 

20   discrimination.  They don't think that it's just 

21   politics that they receive 77 cents on the 

22   dollar to every man as they work right this 

23   minute and hear this debate.  I don't think they 

24   think it's just politics when they are denied 

25   their reproductive health rights or they are 


                                                               3897

 1   told that they have to go through all these 

 2   extra hoops to receive reproductive health care 

 3   in this state.  

 4                And so I think when we talk about 

 5   the whole 10 points of the Women's Equality 

 6   Agenda, those women want to see all of those 

 7   things being done.  Including the women who are 

 8   being protected by this act, who want to see 

 9   that entire package go forward.  

10                So I join with my colleagues who 

11   have been championing the cause of women's 

12   equality, not just on the selective morality 

13   that we sometimes hear about, but on all the 

14   things that are important for women in the State 

15   of New York.

16                ACTING PRESIDENT O'MARA:   Senator 

17   Parker to be recorded in the affirmative.

18                Senator Ball to explain his vote.

19                SENATOR BALL:   So as somebody 

20   who's not running for reelection, let me just 

21   set this straight.  The people who are watching 

22   right now can be saddened by the politics of 

23   what has happened in this state.

24                We're talking about an extreme 

25   leftist movement that, out of 10 planks, nine of 


                                                               3898

 1   which protect our families and women in New York 

 2   State, which the Republicans in this Senate have 

 3   passed, they hold all that up, including 

 4   protecting women and children from sex 

 5   trafficking, and they hold that up for a tenth 

 6   plank that is not about reproductive health or 

 7   rights, but it is an assault on women's health 

 8   and rights because it would actually allow 

 9   nondoctors to perform abortions until the ninth 

10   month.  

11                Because on the left in this state, 

12   they have gone so far, they have no other 

13   issues, they've got to jump off the cliff.  In 

14   the name of women's health, they not only hold 

15   up laws protecting folks against human 

16   trafficking, and eight others, but they have a 

17   full-out assault on women's health to allow 

18   nondoctors to perform abortions until the ninth 

19   month.  

20                The only extremists in this chamber 

21   are on the left, the far left, and that fact is 

22   never more clear than right now today.

23                ACTING PRESIDENT O'MARA:   Senator 

24   Ball to be recorded in the affirmative.

25                Seeing no other Senator wishing to 


                                                               3899

 1   explain their vote, announce the result.

 2                THE SECRETARY:   Ayes, 57.

 3                ACTING PRESIDENT O'MARA:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1366, by Senator Hannon, Senate Print 5880, an 

 7   act to amend the Executive Law.

 8                ACTING PRESIDENT O'MARA:   Read the 

 9   last section.

10                THE SECRETARY:   Section 4.  This 

11   act shall take effect on the 90th day.

12                ACTING PRESIDENT O'MARA:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT O'MARA:   Senator 

16   Hannon to explain his vote.

17                SENATOR HANNON:   Thank you, 

18   Mr. President.

19                I rise in support of this 

20   legislation which would fill a very serious gap 

21   in existing law so that it would end 

22   discrimination against women who are pregnant 

23   while they're on the job.

24                The results of a study done by the 

25   National Women's Center and titled "It Would Be 


                                                               3900

 1   a Heavy Lift" has demonstrated that there are 

 2   too many situations, far too many situations, 

 3   where pregnant women are often forced to choose 

 4   between their health and their job when both 

 5   could be maintained with modest adjustments, 

 6   such as bathroom breaks, water breaks, seating 

 7   accommodations.  Reasonable accommodations.

 8                Some examples that have been shared 

 9   with me include a fast-food restaurant worker 

10   who was denied permission to drink water and eat 

11   during an eight-hour shift.  Or a cashier who 

12   could easily have been accommodated merely with 

13   a stool to sit on.  

14                People think that this whole 

15   situation had been addressed by a combination of 

16   federal and state laws, but it's not.  It's a 

17   glaring omission.  And you think that in the 

18   absence of this statute what we're doing is 

19   saying to somebody who is pregnant:  No, you 

20   can't continue to work.  No, you can't continue 

21   to have your usual routine.  And that just puts 

22   an economic burden on the rest of society.

23                So I would urge that this measure 

24   be passed and it be passed in both houses.  

25   Focused on the merits of the measure alone, it 


                                                               3901

 1   will be a substantial addition to the laws of 

 2   this state but, more importantly, it will be a 

 3   substantial protection to women who are pregnant 

 4   and working.

 5                Thank you.

 6                ACTING PRESIDENT O'MARA:   Senator 

 7   Hannon to be recorded in the affirmative.

 8                Senator Little to explain your 

 9   vote.

10                SENATOR LITTLE:   Thank you, 

11   Mr. President.  

12                Thank you, Senator Hannon, for the 

13   bill.  And I'm proud to be a cosponsor of it.  

14                While this doesn't have as high a 

15   profile as the bill that we did just before 

16   this, this certainly is an important piece of 

17   legislation.  We all know today that many more 

18   women work and are a large percentage of the 

19   workforce, and many women work through their 

20   entire pregnancy, right up to being 8½ months, 

21   almost to the day that they deliver.  

22                And all we're asking for in this, 

23   while pregnancy is not a disability, it is a 

24   condition that does require some extra 

25   considerations.  And all we're asking for in 


                                                               3902

 1   this is some reasonable considerations.  A 

 2   professional woman, I would ask, wouldn't be 

 3   required to go on a conference trip when she's 

 4   8½ months pregnant.  Things like that.  

 5                Things that are reasonable and yet 

 6   the person can still get the job done, but a 

 7   woman would not have to then consider her health 

 8   and the condition of the delivery and how soon 

 9   the delivery was, how she felt, all of those 

10   things, at the detriment of her job.  That's all 

11   we're asking for.  

12                It also requires some 

13   responsibility on the part of the employee that 

14   they show the need for these reasonable 

15   accommodations.  But it's really a very good 

16   bill and very considerate.  

17                It takes me back to I did a paper 

18   on the history of women in the Legislature, and 

19   a very, very long time ago, women legislators, 

20   one in the Assembly, one in the Senate, proposed 

21   a bill that would require a stool for all retail 

22   clerks who may be on an eight-hour shift in a 

23   store and never had a chance to sit down, and 

24   for elevator operators.  And until our elevators 

25   were automatically operated, you must have 


                                                               3903

 1   noticed there was always a stool there.  

 2                And so that was for men and for 

 3   women, but it was an accommodation to a job.  

 4   And I think that that's exactly what this is, 

 5   and I vote aye and encourage all of my 

 6   colleagues to vote aye.  

 7                Thank you.

 8                ACTING PRESIDENT O'MARA:   Senator 

 9   Little in the affirmative.

10                The Secretary will announce the 

11   results.

12                THE SECRETARY:   Ayes, 57.

13                ACTING PRESIDENT O'MARA:   The bill 

14   is passed.

15                Senator Libous, that completes the 

16   reading of the supplemental calendar.  

17                SENATOR LIBOUS:   Mr. President, 

18   could we return to motions at this time.

19                ACTING PRESIDENT O'MARA:   Motions 

20   and resolutions.

21                Senator Libous.  

22                SENATOR LIBOUS:   On behalf of 

23   Senator LaValle, Mr. President, I wish to call 

24   up his bill, Calendar Print Number 1348, 

25   Assembly Print Number 9258.


                                                               3904

 1                ACTING PRESIDENT O'MARA:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Calendar Number 

 4   1348, by Member of the Assembly Thiele, Assembly 

 5   Print 9258, an act to amend the Domestic 

 6   Relations Law.

 7                SENATOR LIBOUS:   I now move to 

 8   reconsider the vote by which this Assembly bill 

 9   was substituted for Senator LaValle's bill, 

10   Senate Print 6942, on June 12, 2014.

11                ACTING PRESIDENT O'MARA:   The 

12   Secretary will call the roll on reconsideration.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 57.

15                SENATOR LIBOUS:   Mr. President, I 

16   now move that Assembly Bill Number 9258 be 

17   recommitted to the Committee on Judiciary and 

18   that Senator LaValle's Senate bill be restored 

19   to the order of the Third Reading Calendar.

20                ACTING PRESIDENT O'MARA:   So 

21   ordered.

22                Senator Libous.  

23                SENATOR LIBOUS:   On behalf of 

24   Senator Martins, Mr. President, on page 5 I 

25   offer the following amendments to Calendar 


                                                               3905

 1   Number 78, Senate Print 1178A, and ask that said 

 2   bill retain its place on the Third Reading 

 3   Calendar.

 4                ACTING PRESIDENT O'MARA:   So 

 5   ordered.

 6                Senator Libous.  

 7                SENATOR LIBOUS:   Also on behalf of 

 8   Senator Martins, on page 31 I offer the 

 9   following amendments to Calendar Number 826, 

10   Senate Print 6603, and ask that said bill retain 

11   its place on the Third Reading Calendar.

12                ACTING PRESIDENT O'MARA:   So 

13   ordered.

14                Senator Libous.  

15                SENATOR LIBOUS:   On behalf of 

16   Senator Seward, on page 50 I offer the following 

17   amendments to Calendar Number 1131, Senate Print 

18   7276A, and ask that said bill retain its place 

19   on the Third Reading Calendar.

20                ACTING PRESIDENT O'MARA:   So 

21   ordered.

22                SENATOR LIBOUS:   And on behalf of 

23   Senator Ranzenhofer, Mr. President, I wish to 

24   call up his bill, Senate Print 6718B, recalled 

25   from the Assembly, but it's now at the desk.


                                                               3906

 1                ACTING PRESIDENT O'MARA:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Calendar Number 

 4   333, by Senator Ranzenhofer, Senate Print 6718B, 

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

 6                SENATOR LIBOUS:   Mr. President, I 

 7   now move to reconsider the vote by which this 

 8   bill was passed.

 9                ACTING PRESIDENT O'MARA:   The 

10   Secretary will call the roll on reconsideration.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 57.

13                SENATOR LIBOUS:   Mr. President, I 

14   offer up the following amendments.

15                ACTING PRESIDENT O'MARA:   The 

16   amendments are accepted.

17                Senator Libous.  

18                SENATOR LIBOUS:   Mr. President, 

19   before I ask you if there's any further business 

20   at the desk and before we adjourn, I would like 

21   you to call on Senator Farley for an 

22   announcement.

23                ACTING PRESIDENT O'MARA:   Senator 

24   Farley.

25                SENATOR FARLEY:   Thank you, 


                                                               3907

 1   Mr. President.  

 2                On a point of personal privilege, 

 3   I'd like to take this moment to tell you about I 

 4   think one of the most beloved ex-presidents of 

 5   the United States, President George H.W. Bush, 

 6   who's having his 90th birthday today.  And 

 7   incidentally, he just parachuted out of a 

 8   helicopter at 90 years of age in Maine today.  

 9                And what a remarkable man he is.  

10   He's beloved by both sides of the aisle.  

11   President Clinton considers him one of his 

12   dearest friends.  And he's been a personal 

13   friend of me and my family for 35 years.  

14                And I'm sure that chamber wishes 

15   George H.W. Bush a very happy 90th birthday.

16                (Applause.)

17                SENATOR FARLEY:   On an equally 

18   pleasant note, I'd like to acknowledge that 

19   there's another beloved Senator in this house 

20   that is having her birthday today.  I think 

21   she's around 39.  It's Senator Marchione's 

22   birthday today.

23                (Applause.)

24                ACTING PRESIDENT O'MARA:   Senator 

25   Libous.


                                                               3908

 1                SENATOR LIBOUS:   Mr. President, I 

 2   have about 60 people in my district -- no, no, 

 3   only kidding -- whose birthdays are today.

 4                Is there any further business at 

 5   the desk?

 6                ACTING PRESIDENT O'MARA:   There is 

 7   no further business at the desk.

 8                SENATOR LIBOUS:   There being no 

 9   further business, I move that the Senate adjourn 

10   until Monday, June 16th, at 2:00 p.m., 

11   intervening days being legislative days.

12                ACTING PRESIDENT O'MARA:   On 

13   motion, the Senate stands adjourned until 

14   Monday, June 16th, at 2:00 p.m., intervening 

15   days being legislative days.

16                (Whereupon, at 1:39 p.m., the 

17   Senate adjourned.)

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