Regular Session - June 2, 2015

                                                                   3093

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 2, 2015

11                     2:56 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               3094

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   and join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   In the 

10   absence of clergy, please bow your heads in a 

11   moment of silent reflection and prayer.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT GRIFFO:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, Monday, 

17   June 1st, the Senate met pursuant to 

18   adjournment.  The Journal of Sunday, May 31st, 

19   was read and approved.  On motion, Senate 

20   adjourned.

21                ACTING PRESIDENT GRIFFO:   Without 

22   objection, the Journal will stand approved as 

23   read.

24                Presentation of petitions.

25                Messages from the Assembly.


                                                               3095

 1                The Secretary will read.

 2                THE SECRETARY:   On page 47, 

 3   Senator Libous moves to discharge, from the 

 4   Committee on Investigations and Government 

 5   Operations, Assembly Bill Number 3468 and 

 6   substitute it for the identical Senate Bill 

 7   Number 2181, Third Reading Calendar 750.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   substitution is so ordered.

10                THE SECRETARY:   On page 48, 

11   Senator Libous moves to discharge, from the 

12   Committee on Investigations and Government 

13   Operations, Assembly Bill Number 5469 and 

14   substitute it for the identical Senate Bill 

15   Number 3284, Third Reading Calendar 760.

16                ACTING PRESIDENT GRIFFO:   The 

17   substitution is so ordered.

18                THE SECRETARY:   On page 49, 

19   Senator Seward moves to discharge, from the 

20   Committee on Investigations and Government 

21   Operations, Assembly Bill Number 5461 and 

22   substitute it for the identical Senate Bill 

23   Number 3413, Third Reading Calendar 766.

24                ACTING PRESIDENT GRIFFO:   The 

25   substitution is so ordered.


                                                               3096

 1                Messages from the Governor.

 2                Reports of standing committees.

 3                Reports of select committees.

 4                Reports and communications from 

 5   state officers.

 6                Motions and resolutions.

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   Could we 

 9   please adopt the Resolution Calendar, with the 

10   exception of Resolutions 2451, 2535, and 2537.

11                ACTING PRESIDENT GRIFFO:   All in 

12   favor of adopting the Resolution Calendar, with 

13   the exception of Resolutions 2451, 2535, and 

14   2537, signify by saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT GRIFFO:   Opposed?  

17                (No response.)

18                ACTING PRESIDENT GRIFFO:   The 

19   Resolution Calendar is adopted as indicated.

20                Senator DeFrancisco.

21                SENATOR DeFRANCISCO:   Could we 

22   please take up Resolution Number 2451, by 

23   Senator Stewart-Cousins, and read it in its 

24   entirety.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               3097

 1   Secretary will read.

 2                THE SECRETARY:   Legislative 

 3   Resolution Number 2451, by Senator 

 4   Stewart-Cousins, commending Jake Gallin of 

 5   New Rochelle, New York, upon the occasion of his 

 6   designation as a State Honoree in the 20th annual 

 7   Prudential Spirit of Community Awards program.  

 8                "WHEREAS, It is the sense of this 

 9   Legislative Body to act, in accord with its 

10   long-standing traditions, honoring the youth of 

11   today, and leaders of tomorrow, whose character 

12   and achievements exemplify the ideals and values 

13   cherished by this great state and nation; and 

14                "WHEREAS, This Legislative Body is 

15   justly proud to commend Jake Gallin of 

16   New Rochelle, New York, upon the occasion of his  

17   designation as a State Honoree in the 20th Annual 

18   Prudential Spirit of Community Awards program; 

19   and 

20                "WHEREAS, Jake Gallin has 

21   distinguished himself as a young man of 

22   superlative ability, establishing a high standard 

23   of community service, purposefulness of life, and 

24   sense of responsibility rarely achieved in 

25   youthful years; and 


                                                               3098

 1                "WHEREAS, The Prudential Spirit of 

 2   Community Awards, created in 1995 by Prudential 

 3   Financial, in partnership with the National 

 4   Association of Secondary School Principals  

 5   (NASSP), are designed to emphasize the importance 

 6   our nation places on service to others, and to 

 7   encourage all young Americans to contribute to 

 8   their communities; and 

 9                "WHEREAS, Jake Gallin, an esteemed  

10   resident of New Rochelle, New York, and a student  

11   at Albert Leonard Middle School, has achieved 

12   national recognition for exemplary volunteer 

13   service by receiving a 2015 Prudential Spirit of 

14   Community Award; and 

15                "WHEREAS, This prestigious award 

16   honors young volunteers across America who have  

17   demonstrated an extraordinary commitment to their 

18   communities; and 

19                "WHEREAS, Jake Gallin earned this 

20   award by giving generously of his time and energy 

21   to raising funds for the United Service 

22   Organization (USO) by selling star-shaped 

23   magnetic decals; and 

24                "WHEREAS, Jake Gallin was inspired 

25   to do something to recognize military families 


                                                               3099

 1   and their sacrifices in 2011, after seeing 

 2   First Lady Michelle Obama and Second Lady 

 3   Dr. Jill Biden on a talk show when he was eight 

 4   years old; the First Lady said 1 percent of our 

 5   population is protecting 99 percent of us, and he 

 6   took it to heart; and 

 7                "WHEREAS, Jake Gallin decided to 

 8   create 'Stars for Cars,' recognizing the 

 9   sacrifices made by Blue and Gold Star families; a 

10   Blue Star family has a loved one serving in the 

11   military, and a Gold Star family has lost a 

12   family member who was serving; and 

13                "WHEREAS, This remarkable young 

14   man's efforts have expanded by writing to schools 

15   across the State of New York, asking them to make 

16   announcements three times a year, on Veterans Day 

17   (November 11th), Memorial Day (the last Monday in 

18   May) and Patriot Day (September 11th) to 

19   recognize Blue and Gold Star families; and 

20                "WHEREAS, The success of the State 

21   of New York, the strength of our communities, and 

22   the vitality of  American society depend, in 

23   great measure, upon the dedication of young 

24   people like Jake Gallin, who use their 

25   considerable talents and resources to serve 


                                                               3100

 1   others; and 

 2                "WHEREAS, This Legislative Body is 

 3   moved to honor Jake Gallin, commending him for 

 4   his outstanding record of volunteer service, peer 

 5   leadership, and community service, recognizing 

 6   the value of his labors and the promise of his 

 7   future; now, therefore, be it 

 8                "RESOLVED, That this Legislative 

 9   Body pause in its deliberations, with praise 

10   and pride, to commend Jake Gallin for his  

11   achievements and to extend to him the best 

12   wishes of this Legislative Body for a future 

13   of purposeful success and well-being; and be 

14   it further 

15                "RESOLVED, That a copy of this  

16   resolution, suitably engrossed, be transmitted to 

17   Jake Gallin."

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Stewart-Cousins.

20                SENATOR STEWART-COUSINS:   Thank 

21   you, Mr. President.

22                I rise to introduce this young 

23   national honoree to this body and to commend him 

24   for what he has been doing for the last five 

25   years of his life.


                                                               3101

 1                This young man watched a television 

 2   show, he watched "Oprah."  And he was 8 years old 

 3   at the time, and he watched our First Lady and 

 4   Dr. Jill Biden speak with a local Gold Star 

 5   mother, Teresa Arciola from Elmsford, speaking 

 6   about her son's Michael's death and how much 

 7   needed to be done to support the families, the 

 8   Gold Star families and military families whose 

 9   service members were protecting the 99 percent of 

10   us.

11                Jake, who's here with his parents, 

12   Tom and Ally, was watching television because he 

13   was home sick -- he doesn't usually watch TV.  

14   But he was so inspired by the story of Michael, a 

15   fallen hero, and by a local mother coming on to 

16   talk about these things, he decided he wanted to 

17   do something.  He wrote to schools, he wrote to 

18   his church, and he said we ought to make sure 

19   we're supporting families.

20                This young child looked at magnets 

21   on cars and decided that he could do something 

22   like that.  And so what he's developed are "Stars 

23   for Cars," gold stars for your car for a 

24   Gold Star family, supporting them, blue stars for 

25   military families.  He has been doing that for 


                                                               3102

 1   the past five years and has managed to raise 

 2   $20,000.

 3                He also has developed a program with 

 4   local schools, and that's where I first met him, 

 5   at his middle school, Albert Leonard, where he 

 6   has announced, on the holidays preceding Memorial 

 7   Day, Veterans Day and Patriots Day, a simple 

 8   statement that says "We take this time to 

 9   remember our Blue and Gold Star military families 

10   and thank them for their sacrifice and 

11   generosity, and we want them to know that we are 

12   part of their community."  He's decided that that 

13   was important enough so he's enlisted schools 

14   across the county to make this simple statement.

15                His activism got him to be one of 10 

16   national volunteer honorees by The Prudential 

17   Foundation.  He competed with 33,000 young people 

18   to become one of 10 who were named, because of 

19   the commitment that he's shown at such an early 

20   age for developing not only a wonderful idea, but 

21   supporting families of our servicemen and -women, 

22   those who have fallen and those who serve us 

23   today.

24                So I really wanted to take the time 

25   to commend Jake, because now, at the ripe old age 


                                                               3103

 1   of 13, he's a nationally recognized volunteer.  

 2   And I knew that it would be an inspiration for 

 3   all of us and a further impetus for him to carry 

 4   on the great work.

 5                You should also know that there was 

 6   a monetary award with this honor, that because he 

 7   won on a local division, he got $1,000.  And once 

 8   he became a national winner, he got another 

 9   $5,000.  And then there was yet another $5,000 

10   that he could contribute to the organization of 

11   his choice.  

12                Jake and his family have decided to 

13   donate all of the money.  He will be giving 

14   $6,000 to the U.S.O. and $5,000 to the volunteer 

15   organization Volunteer New York, who actually 

16   nominated Jake.  And with that money, both 

17   organizations are having matching funds again in 

18   order to support the military families.

19                So we commend you, Jake, for all 

20   that you've done.  And again, you're an 

21   inspiration to all of New York.  Thank you so 

22   much.

23                Thank you, Mr. President.

24                ACTING PRESIDENT GRIFFO:   Thank 

25   you, Senator Stewart-Cousins.


                                                               3104

 1                Senator Latimer.

 2                SENATOR LATIMER:   Mr. President, 

 3   Senator Stewart-Cousins has said it all.  

 4                But just so that Jake and his family 

 5   know that all of us share that tremendous respect 

 6   for what you've accomplished, you can talk to 

 7   people who are in their adult life and haven't 

 8   achieved as much as this young individual has at 

 9   this stage of his life.

10                So we thank you for coming here to 

11   the New York State Senate to accept the applause 

12   of a grateful Senate and a grateful state.

13                ACTING PRESIDENT GRIFFO:   Jake, we 

14   want to congratulate you.  We also want to 

15   welcome you and your family here to the Senate 

16   today and to extend our best wishes for continued 

17   success.  

18                If you'd please stand and be 

19   acknowledged.

20                (Standing ovation.)

21                ACTING PRESIDENT GRIFFO:   The 

22   question is on the resolution.  All in favor 

23   signify by saying aye.

24                (Response of "Aye.")

25                ACTING PRESIDENT GRIFFO:   Opposed?  


                                                               3105

 1                (No response.)

 2                ACTING PRESIDENT GRIFFO:   The 

 3   resolution is adopted.

 4                Senator DeFrancisco.

 5                SENATOR DeFRANCISCO:   Yes, Senator 

 6   Stewart-Cousins indicated that she'd be happy to 

 7   have everyone cosponsor.  So those who do not 

 8   want to, please notify the desk.

 9                And she also asked me to tell Jake 

10   not to think about running against her yet, wait 

11   a few more years, okay --

12                (Laughter.)

13                SENATOR DeFRANCISCO:   -- because 

14   you'd be a tough one.

15                ACTING PRESIDENT GRIFFO:   The 

16   resolution is open for cosponsorship.  Should you 

17   choose not to be a cosponsor, please notify the 

18   desk.

19                Senator DeFrancisco.

20                SENATOR DeFRANCISCO:   Yes.  What 

21   I'd like to do is request that you take up a 

22   previously adopted resolution, 1156, by Senator 

23   Murphy, read it in its entirety, and call on 

24   Senator Murphy.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               3106

 1   Secretary will read.

 2                THE SECRETARY:   Legislative 

 3   Resolution Number 1156, by Senator Murphy, 

 4   commending Sara Friedman of Sleepy Hollow, 

 5   New York, upon the occasion of her designation as 

 6   a Distinguished Finalist in the 20th Annual 

 7   Prudential Spirit of Community Awards program.  

 8                "WHEREAS, It is the sense of this 

 9   Legislative Body to act, in accord with its 

10   long-standing traditions, honoring the youth of 

11   today, and leaders of tomorrow, whose character 

12   and achievements exemplify the ideals and values 

13   cherished by this great state and nation; and 

14                "WHEREAS, Sara Friedman has 

15   distinguished herself as a young woman of 

16   superlative ability, establishing a high standard 

17   of community service, purposefulness of life, and 

18   sense of responsibility rarely achieved in 

19   youthful years; and 

20                "WHEREAS, The Prudential Spirit of 

21   Community Awards, created in 1995 by Prudential 

22   Financial in partnership with the National 

23   Association of Secondary School Principals  

24   (NASSP), are designed to emphasize the importance 

25   our nation places on service to others, and to 


                                                               3107

 1   encourage all young Americans to contribute to 

 2   their communities; and 

 3                "WHEREAS, Sara Friedman, an esteemed 

 4   resident of Sleepy Hollow, New York, and a senior 

 5   at Sleepy Hollow High School, has achieved 

 6   national recognition for exemplary volunteer 

 7   service by receiving a 2015 Prudential Spirit of 

 8   Community Award; and 

 9                "WHEREAS, This prestigious award 

10   honors young volunteers across America who have 

11   demonstrated an extraordinary commitment to their 

12   communities; and 

13                "WHEREAS, Sara Friedman earned this 

14   award by giving generously of her time and energy 

15   to the Center for Celiac Research at 

16   Massachusetts General Hospital; she donated the 

17   sales from her book, The Gluten-Free Guide to 

18   Washington, D.C., as a resource to help others 

19   with the condition to find gluten-free  

20   restaurants, bakeries and health food stores, as  

21   well as support groups and healthcare  

22   professionals throughout the Washington, D.C., 

23   metro area; and 

24                "WHEREAS, The success of the State 

25   of New York, the strength of our communities, and 


                                                               3108

 1   the vitality of American society depend, in great 

 2   measure, upon the dedication of young people like 

 3   Sara Friedman, who use their considerable talents 

 4   and resources to serve others; and 

 5                "WHEREAS, This Legislative Body is 

 6   moved to honor Sara Friedman, commending her for 

 7   her outstanding record of volunteer service, peer 

 8   leadership, and community service, recognizing 

 9   the value of her labors and the promise of her 

10   future; now, therefore, be it 

11                "RESOLVED, That this Legislative 

12   Body pause in its deliberations, with praise and 

13   pride, to commend Sara Friedman for her 

14   achievements and to extend to her the best wishes 

15   of this Legislative Body for a future of 

16   purposeful success and well-being; and be it 

17   further 

18                "RESOLVED, That a copy of this 

19   resolution, suitably engrossed, be transmitted to 

20   Sara Friedman."

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Murphy.

23                SENATOR MURPHY:   Thank you, 

24   Mr. President.

25                I rise to recognize a very, very 


                                                               3109

 1   special member of my community from Sleepy 

 2   Hollow.  Sara Friedman has been named one of the 

 3   top youth volunteers in New York for 2015.  She 

 4   is a finalist in the Prudential Spirit of 

 5   Community Awards.

 6                This is an absolutely extraordinary 

 7   honor for the young people across the country who 

 8   participate in this program, Sara.  The 

 9   Prudential Spirit of Community Awards were 

10   created in 1995 to emphasize the importance our 

11   nation places on service to others and to 

12   encourage all young Americans to contribute to 

13   their communities like you do.

14                Sara, at age 13, has written a book, 

15   The Gluten-Free Guide to Washington, D.C.  Sara 

16   will be graduating within the next two weeks and 

17   is off to Harvard University.  Sara represents 

18   the best of America's youth and is a role model 

19   to her peers and her community.  

20                I ask my colleagues to join me in 

21   congratulating Sara and welcoming her here today.  

22                Sara, congratulations.

23                (Standing ovation.)

24                ACTING PRESIDENT GRIFFO:    

25   Congratulations, Sara.  Welcome to the Senate 


                                                               3110

 1   chamber.  We wish you the best of luck as you 

 2   pursue your career.  

 3                As noted, the resolution was 

 4   previously adopted on March 26th of this year.

 5                Senator DeFrancisco.

 6                SENATOR DeFRANCISCO:   Senator 

 7   Murphy also requested that if anyone wanted to 

 8   cosponsor, they can do so by simply not notifying 

 9   the desk that they do not want to.

10                ACTING PRESIDENT GRIFFO:   So noted 

11   and so directed.

12                SENATOR DeFRANCISCO:   Can we go to 

13   motions and resolutions.

14                ACTING PRESIDENT GRIFFO:   We'll 

15   return to motions and resolutions.

16                SENATOR DeFRANCISCO:    

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

18   move to amend Senate Bill Number 3950A by 

19   striking out the amendments made on April 21 and 

20   restoring it to its original print number, 3950.

21                ACTING PRESIDENT GRIFFO:   So 

22   ordered.

23                SENATOR DeFRANCISCO:   Also, on 

24   behalf of Senator Seward, on page 44 I offer the 

25   following amendments to Calendar Number 687, 


                                                               3111

 1   Senate Print 5192, and ask that said bill retain 

 2   its place on the Third Reading Calendar.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   amendments are received, and the bill shall 

 5   retain its place on third reading.

 6                SENATOR DeFRANCISCO:   On behalf of 

 7   Senator Little, on page 33 I offer the following 

 8   amendments to Calendar Number 525, Senate Print 

 9   Number 4296A, and ask that said bill retain its 

10   place on the Third Reading Calendar.

11                ACTING PRESIDENT GRIFFO:   The 

12   amendments are received, and the bill shall 

13   retain its place on third reading.

14                SENATOR DeFRANCISCO:   I wish to 

15   call up Senator Ranzenhofer's bill, Print Number 

16   1292, recalled from the Assembly, which is now at 

17   the desk.

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   533, by Senator Ranzenhofer, Senate Print 1292, 

22   an act to amend the Environmental Conservation 

23   Law.

24                SENATOR DeFRANCISCO:   I now move to 

25   reconsider the vote by which this bill was 


                                                               3112

 1   passed.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll on reconsideration.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 61.

 6                SENATOR DeFRANCISCO:   I now offer 

 7   the following amendments.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   amendments are received.

10                SENATOR DeFRANCISCO:   Next, could 

11   you please take up previously adopted Resolution 

12   2179, by Senator Carlucci, read it in its 

13   entirety, and then please call on Senator 

14   Carlucci.

15                ACTING PRESIDENT GRIFFO:   The 

16   Secretary will read.

17                THE SECRETARY:   Legislative 

18   Resolution Number 2179, by Senator Carlucci, 

19   memorializing Governor Andrew M. Cuomo to 

20   proclaim June 3, 2015, as Running Day in the 

21   State of New York.  

22                "WHEREAS, It is the sense of this  

23   Legislative Body to acknowledge days which 

24   promote healthy living and exercise; and 

25                "WHEREAS, Attendant to such concern, 


                                                               3113

 1   and in full accord with its long-standing 

 2   traditions, this Legislative Body is justly proud 

 3   to memorialize Governor Andrew M. Cuomo to 

 4   proclaim June 3, 2015, as Running Day in the 

 5   State of New York, in conjunction with the 

 6   observance of National Running Day; and 

 7                "WHEREAS, The observance of a 

 8   National Day for Running began on June 3, 2009; 

 9   since its inception, the day has been held on the 

10   first Wednesday of June; and 

11                "WHEREAS, National Running Day is a 

12   national initiative of the major organizations 

13   within the running industry to promote running as 

14   a healthy, easy, and accessible form of exercise; 

15   and 

16                "WHEREAS, From New York to 

17   San Diego, the day will celebrate the benefits  

18   of running as part of a healthy and active 

19   lifestyle aimed at combating some of today's most 

20   pressing health issues; and 

21                "WHEREAS, Individuals from the State 

22   of New York can participate in Running Day by 

23   simply getting out and running; whether it is 

24   with a group or alone, Running Day is the perfect 

25   time to start fresh with new fitness goals; and 


                                                               3114

 1                "WHEREAS, It is fitting to set aside 

 2   days which encourage a healthy lifestyle and, in 

 3   doing so, enhance the health and welfare of the 

 4   entire State of New York; now, therefore, be "it 

 5                "RESOLVED, That this Legislative 

 6   Body pause in its deliberations to memorialize 

 7   Governor Andrew M. Cuomo to proclaim June 3, 

 8   2015, as Running Day in the State of New York; 

 9   and be it further 

10                "RESOLVED, That a copy of this 

11   resolution, suitably engrossed, be transmitted to 

12   the Honorable Andrew M. Cuomo, Governor of the 

13   State of New York."

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Carlucci.

16                SENATOR CARLUCCI:   Thank you, 

17   Mr. President.  

18                And I want to thank the Senate for 

19   passing this resolution to proclaim June 3rd as 

20   Running Day in the State of New York.  

21                And this has been a tradition that 

22   started a few years ago and has really been 

23   building momentum, to try to talk about the 

24   importance of running, of physical activity.

25                And I want to invite everyone, 


                                                               3115

 1   tomorrow, outside the LOB and between the LOB and 

 2   the Capitol, we're going to meet at about 7:45.  

 3   And at 8 a.m. promptly, we're going to do a run 

 4   around the plaza.  And I'd like to invite 

 5   everybody to come -- all the staff, the Senators, 

 6   members of the community are welcome to join us.  

 7   And we're going to do it in cooperation with the 

 8   Assembly.  

 9                And if you beat the Majority Leader, 

10   you'll be able to get one bill on the floor of 

11   your choice -- no, I'm just kidding.  Just wanted 

12   to see if you're listening.  

13                (Laughter.)

14                SENATOR CARLUCCI:   Okay, so 

15   tomorrow, 8 a.m. outside the LOB.  It will be a 

16   good time.  Hope everyone can join, of all 

17   ranges.  Whether you're faster than Senator 

18   Perkins or as you're as slow as Senator Squadron, 

19   it doesn't matter, and you can come out and join 

20   us.  

21                So thank you, Mr. President.

22                ACTING PRESIDENT GRIFFO:   Thank 

23   you, Senator Carlucci.  

24                As noted, the resolution was 

25   previously adopted on May 19, 2015.


                                                               3116

 1                Can I have a little order in the 

 2   house, please.

 3                Senator DeFrancisco.

 4                SENATOR DeFRANCISCO:   The 

 5   resolution is open up for cosponsorship.  If 

 6   anyone does not want to be on that resolution, 

 7   please notify the desk.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is opened up to cosponsorship and co-running.

10                SENATOR DeFRANCISCO:   Let's see.  

11   Can we please take up another previously adopted 

12   resolution, 1824, by Senator Kennedy, and read 

13   the title only, please.

14                ACTING PRESIDENT GRIFFO:   The 

15   Secretary will read.

16                THE SECRETARY:   Legislative 

17   Resolution Number 1824, by Senator Kennedy, 

18   honoring Adam Zyglis upon the occasion of his 

19   designation as recipient of the 2015 Pulitzer 

20   Prize for Editorial Cartooning.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Kennedy.

23                SENATOR KENNEDY:   Thank you, 

24   Mr. President.  

25                I rise to acknowledge an outstanding 


                                                               3117

 1   member of the Buffalo and Western New York 

 2   Community, Mr. Adam Zyglis.  This past week, at a 

 3   ceremony held at Columbia University, he received 

 4   the 2015 Pulitzer Prize, journalism's top honor, 

 5   for editorial cartooning.  I'm extremely 

 6   privileged to honor him here today.

 7                Adam, the staff editorial cartoonist 

 8   for the Buffalo News, is one of Buffalo's own.  

 9   Raised in Alden, Adam graduated summa cum laude 

10   from Canisius College and was hired immediately 

11   after college, at the age of just 22, by the 

12   Buffalo News to replace Tom Toles -- who, I might 

13   add, is another Pulitzer Prize-winning editorial 

14   cartoonist.  

15                Since then, Adam's work has 

16   transcended Western New York to reach audiences 

17   around the world, with cartoons appearing in 

18   various books, magazines and newspapers, 

19   including the Washington Post, USA Today, 

20   Newsweek, The New York Times and the Los Angeles 

21   Times.  Adam became internationally syndicated in 

22   2007.  

23                But those of us at home in Buffalo 

24   who have viewed his editorial cartoons for over a 

25   decade understand exactly why his work was chosen 


                                                               3118

 1   to win a Pulitzer Prize.  As the Pulitzer Prize 

 2   board described, Adam "used strong images to 

 3   connect with readers while conveying layers of 

 4   meaning in a few words."  

 5                Regardless of the subject, whether 

 6   it be politics, the economy or international 

 7   affairs, Adam has a keen ability to move the 

 8   reader with his carefully crafted illustrations.  

 9   The old saying "a picture is worth a thousand 

10   words" really is true.  Often more depth and 

11   meaning can be conveyed in one of Adam's cartoons 

12   than an entire front-page feature.  

13                And as such, we are immensely 

14   grateful for Adam for sharing his gifts with us, 

15   congratulate him on his exceptional honor, and 

16   wish him continued success well into the future 

17   as he uses his extraordinary talents to tell 

18   stories and ultimately change the world, one 

19   cartoon at a time.

20                Congratulations to Adam Zyglis and 

21   his family.  

22                Thank you, Mr. President.

23                ACTING PRESIDENT GRIFFO:   Thank 

24   you, Senator Kennedy.  

25                As noted, the resolution was 


                                                               3119

 1   previously adopted on May 5th of this year, 2015.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   Could you now 

 4   take up Resolution 2537, by Senator Peralta, read 

 5   the title only, and recognize Senator Peralta.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Legislative 

 9   Resolution Number 2537, by Senator Peralta, 

10   commemorating the 206th Independence Day in 

11   Ecuador on August 10, 2015.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Peralta.

14                SENATOR PERALTA:   Thank you, 

15   Mr. President.  

16                This August 10th marks the 206th 

17   Independence Day of Ecuador, a fight for freedom 

18   that began with the so-called Primer Grito de 

19   Independencia de Ecuador in 1809.  It's a 

20   celebration to commemorate the struggle of people 

21   driven by their patriotic sentiments.  

22                And like it happened here in the 

23   United States, in Ecuador it was also the bravery 

24   of a small band of patriots who declared 

25   independence, in this case from Spain, in La 


                                                               3120

 1   Batalla de Pichincha, the Battle of Pichincha.  

 2   It was there on the slopes of Pichincha Volcano 

 3   that the people of Quito claimed independence.  

 4                Years later, in 1824, Ecuador gained 

 5   full independence from Spain.  Their hunger for 

 6   liberty and the need to liberate themselves from 

 7   oppression empowered them to defeat the Spanish 

 8   army as they were seeking freedom and liberty.

 9                Today the independence of Ecuador is 

10   celebrated in many parts of Ecuador, especially 

11   in its capital, Quito.  But festivities are not 

12   limited to Ecuador, as we also celebrate their 

13   heroic efforts here in our great nation and our 

14   great Empire State.  

15                And in Queens, in my district, we 

16   also celebrate Ecuadorian Independence Day with a 

17   wonderful and colorful parade along Northern 

18   Boulevard.  Thousands participate and enjoy 

19   Ecuadorian culture, folk music, and food.  

20                And Ecuadorians in our nation have 

21   contributed in every aspect of life, from 

22   politics and the arts to economy and culture.  

23   Strong evidence of this is their presence in 

24   Queens, especially in my district, where they've 

25   built strong communities and brought stability to 


                                                               3121

 1   our neighborhoods.  

 2                Thousands of Ecuadorians and 

 3   Ecuadorian-Americans make neighborhoods like 

 4   Jackson Heights, in Queens, their home as they 

 5   continue to strengthen our neighborhoods and 

 6   economy through their invaluable contributions 

 7   and customs.  They contribute to make Queens the 

 8   most diverse borough in the nation, especially in 

 9   my district, which I call the United Nations of 

10   all Senate districts.  

11                By the way of this resolution, we 

12   extend our best wishes to our Ecuadorian-American 

13   friends and communities across the state in 

14   advance of their important and joyous celebration 

15   of Independence Day.  

16                Thank you very much, Mr. President.

17                ACTING PRESIDENT GRIFFO:   Thank 

18   you, Senator Peralta.  

19                The question is on the resolution. 

20   All in favor signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT GRIFFO:   Opposed?  

23                (No response.)

24                ACTING PRESIDENT GRIFFO:   The 

25   resolution is adopted.


                                                               3122

 1                Senator DeFrancisco.

 2                SENATOR DeFRANCISCO:   Yes, could 

 3   you please go to the noncontroversial reading of 

 4   the calendar.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Calendar Number 

 8   518, by Senator Young, Senate Print 3077, an act 

 9   to amend the Agriculture and Markets Law.

10                SENATOR GIANARIS:   Lay it aside.

11                ACTING PRESIDENT GRIFFO:   Lay the 

12   bill aside.

13                THE SECRETARY:   Calendar Number 

14   734, by Senator Libous, Senate Print 3468A, an 

15   act to amend the Highway Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Gallivan to explain his vote.

25                Can I have some order in the house, 


                                                               3123

 1   please.

 2                Senator Gallivan.

 3                SENATOR GALLIVAN:   Thank you, 

 4   Mr. President.

 5                I'm honored to rise today to speak 

 6   on this bill.  It's sponsored by Senator Tom 

 7   Libous, who's not with us today.  I did speak 

 8   with him this morning, and he had prepared a 

 9   statement that he asked that I read.

10                Senator Libous says:  "I'm sorry I 

11   couldn't be with you today to honor a dedicated 

12   state trooper, a loving father, a farmer, and an 

13   all-around good person, Christopher Skinner.  

14                "For those of you who may not know, 

15   just over a year ago Trooper Skinner was 

16   senselessly and tragically hit and killed on a 

17   routine traffic stop on Interstate 81.  Trooper 

18   Skinner was a 13-year veteran of the New York 

19   State Police and served in three different 

20   troops:  E, G and C.

21                "Trooper Skinner was stationed in 

22   the Sidney Barracks, where he worked with the 

23   Traffic Incident Management Unit, the unit that 

24   was created after a terrible bus accident killed 

25   three construction workers in a work zone in 


                                                               3124

 1   2005.  Trooper Skinner was the first responder to 

 2   that accident, and it helped make him acutely 

 3   aware of the dangers of reckless driving.  

 4                "Trooper Skinner took highway safety 

 5   seriously because he took the value of human life 

 6   seriously.  His loss left a hole in the lives of 

 7   so many -- his family, his friends, and all of 

 8   his colleagues in Troop C."

 9                Senator Libous goes on to say:  "I 

10   ask for you to support this bill that will 

11   dedicate a bridge on I-81 in Trooper Skinner's 

12   honor.  It will not replace the loss we've 

13   suffered, but it will help us remember Trooper 

14   Skinner's service and sacrifice for New York 

15   State."

16                We are joined today by Trooper 

17   Skinner's mother, Sharyn Skinner; Trooper 

18   Skinner's fiancee, Surrena Gould; the Troop C 

19   troop commander, my old classmate Major Donald 

20   Faughnan, and my old roommate, Colonel George 

21   Beach, who is the assistant deputy superintendent 

22   of the uniform force for the State Police, as 

23   well as a number of coworkers, friends and 

24   colleagues of Trooper Skinner's from Troop C.

25                One of his colleagues, Trooper Matt 


                                                               3125

 1   Maciak, who's here with us today, had said at the 

 2   time of his funeral that Trooper Skinner was a 

 3   hardworking, selfless, take-no-break kind of guy, 

 4   but he would always pause in his work to help 

 5   others.  

 6                And many other people said many 

 7   well-deserved, wonderful things about an 

 8   individual who dedicated his life to others, 

 9   serving as a trooper, serving as a volunteer 

10   firefighter, serving as an overall good guy, an 

11   upstanding member of the community, one of course 

12   that family and friends are most surely proud of.

13                State Police Superintendent Joe 

14   D'Amico spoke at Trooper Skinner's funeral.  And 

15   while of course he talked about service, honor, 

16   integrity, how precious and fragile our lives 

17   are, one thing I think stood out that 

18   Superintendent D'Amico said that day was that 

19   Chris will always be part of the State Police 

20   family.  And as a former trooper with a brother 

21   in the State Police, a father having served, an 

22   uncle having served, a Gallivan having been in 

23   the State Police for over 50 years now, I can say 

24   that that is true.

25                And to mom and to his fiancee, I 


                                                               3126

 1   thank you for sharing him with the members of the 

 2   troops that he served.  To his colleagues, thank 

 3   you for your service as well and for being part 

 4   of that larger extended State Police family that 

 5   I know will always be there for the Skinner 

 6   family.  

 7                I vote aye, and I ask all my 

 8   colleagues to do the same.

 9                ACTING PRESIDENT GRIFFO:   Announce 

10   the results.

11                THE SECRETARY:   Ayes, 61.

12                ACTING PRESIDENT GRIFFO:   We want 

13   to welcome Colonel and Major, the family of 

14   Troop C, the Skinner family who is here today.  

15   Mrs. Skinner, his fiancee Surrena, we appreciate 

16   you being here.  We express our condolences to 

17   all of you.  

18                And I would ask all the members of 

19   the legislative body to rise in a silent tribute 

20   and reflection of Trooper Christopher G. Skinner.

21                (Whereupon, the assemblage respected 

22   a moment of silence.)

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.  

25                The Secretary will continue.


                                                               3127

 1                THE SECRETARY:   Calendar Number 

 2   750, substituted earlier by Member of the 

 3   Assembly Crouch, Assembly Print 3468, an act to 

 4   amend the Tax Law.  

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 59.  Nays, 2.  

13   Senators Lanza and Panepinto recorded in the 

14   negative.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   751, by Senator Latimer, Senate Print 2322, an 

19   act to amend the Tax Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3128

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 3   Senators Lanza and Panepinto recorded in the 

 4   negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   752, by Senator O'Mara, Senate Print 2548, an act 

 9   to amend the Tax Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.  Nays, 2.  

18   Senators Lanza and Panepinto recorded in the 

19   negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   753, by Senator O'Mara, Senate Print 2549, an act 

24   to amend the Tax Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3129

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 753:  Ayes, 59.  Nays, 2.  

 9   Senators Lanza and Panepinto recorded in the 

10   negative.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   754, by Senator O'Mara, Senate Print 2550, an act 

15   to amend the Tax Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 59.  Nays, 2.  

24   Senators Lanza and Panepinto recorded in the 

25   negative.


                                                               3130

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   755, by Senator O'Mara, Senate Print 2551, an act 

 5   to amend the Tax Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 59.  Nays, 2.  

14   Senators Lanza and Panepinto recorded in the 

15   negative.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   756, by Senator Amedore, Senate Print 3216, an 

20   act to amend the Tax Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3131

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 4   Senators Lanza and Panepinto recorded in the 

 5   negative.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   757, by Senator Seward, Senate Print 3234, an act 

10   to amend the Tax Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 59.  Nays, 2.  

19   Senators Lanza and Panepinto recorded in the 

20   negative.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   758, by Senator Seward, Senate Print 3235, an act 

25   to amend Chapter 333 of the Laws of 2006.


                                                               3132

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 9   Senators Lanza and Panepinto recorded in the 

10   negative.  

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   759, by Senator Libous, Senate Print 3283, an act 

15   to amend the Tax Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 59.  Nays, 2.  

24   Senators Lanza and Panepinto recorded in the 

25   negative.


                                                               3133

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   760, substituted earlier by Member of the 

 5   Assembly Lupardo, Assembly Print 5469, an act to 

 6   amend the Tax Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.  Nays, 2.  

15   Senators Lanza and Panepinto recorded in the 

16   negative.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   763, by Senator Farley, Senate Print 3403, an act 

21   to amend Chapter 489 of the Laws of 2004.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3134

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 5   Senators Lanza and Panepinto recorded in the 

 6   negative.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   765, by Senator Seward, Senate Print 3412, an act 

11   to amend Chapter 443 of the Laws of 2007.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 59.  Nays, 2.  

20   Senators Lanza and Panepinto recorded in the 

21   negative.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   766, substituted earlier by Assemblymember 


                                                               3135

 1   Lifton, Assembly Print 5461, an act to amend the 

 2   Tax Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 59.  Nays, 2.  

11   Senators Lanza and Panepinto recorded in the 

12   negative.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   767, by Senator Farley, Senate Print 3462, an act 

17   to amend the Tax Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 59.  Nays, 2.  


                                                               3136

 1   Senators Lanza and Panepinto recorded in the 

 2   negative.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   768, by Senator Little, Senate Print 3522, an act 

 7   to amend Chapter 327 of the Laws of 2006.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 59.  Nays, 2.  

16   Senators Lanza and Panepinto recorded in the 

17   negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   770, by Senator Farley, Senate Print 3594, an act 

22   to amend the Tax Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3137

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 6   Senators Lanza and Panepinto recorded in the 

 7   negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   771, by the Senate Committee on Rules, Senate 

12   Print 3829, an act to amend the Tax Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 59.  Nays, 2.  

21   Senators Lanza and Panepinto recorded in the 

22   negative.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3138

 1   773, by Senator Stewart-Cousins, Senate Print 

 2   3879, an act to amend the Tax Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 6.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 58.  Nays, 3.  

11   Senators Croci, Lanza and Panepinto recorded in 

12   the negative.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   774, by Senator Gallivan, Senate Print 3955, an 

17   act to amend the Tax Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 59.  Nays, 2.  


                                                               3139

 1   Senators Lanza and Panepinto recorded in the 

 2   negative.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   775, by Senator Little, Senate Print 3997, an act 

 7   to amend the Tax Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 59.  Nays, 2.  

16   Senators Lanza and Panepinto recorded in the 

17   negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   776, by Senator O'Mara, Senate Print 4105, an act 

22   to amend the Tax Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 3.  This 


                                                               3140

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 6   Senators Lanza and Panepinto recorded in the 

 7   negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   777, by Senator Farley, Senate Print 4127, an act 

12   to amend Chapter 326 of the Laws of 2006.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 59.  Nays, 2.  

21   Senators Lanza and Panepinto recorded in the 

22   negative.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3141

 1   778, by Senator Seward, Senate Print 4143, an act 

 2   to amend the Tax Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 59.  Nays, 2.  

11   Senators Lanza and Panepinto recorded in the 

12   negative.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   779, by Senator Farley, Senate Print 4145, an act 

17   to amend the Tax Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 59.  Nays, 2.  


                                                               3142

 1   Senators Lanza and Panepinto recorded in the 

 2   negative.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   780, by Senator Stewart-Cousins, Senate Print 

 7   4259, an act to amend Chapter 272 of the Laws of 

 8   1991.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.  Nays, 2.  

17   Senators Lanza and Panepinto recorded in the 

18   negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   781, by Senator Little, Senate Print 4346, an act 

23   to amend the Tax Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3143

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 7   Senators Lanza and Panepinto recorded in the 

 8   negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   782, by Senator Ranzenhofer, Senate Print 4380, 

13   an act to amend the Tax Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.  Nays, 2.  

22   Senators Lanza and Panepinto recorded in the 

23   negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3144

 1                THE SECRETARY:   Calendar Number 

 2   783, by Senator --

 3                ACTING PRESIDENT GRIFFO:   Can we 

 4   have some order in the house, please.  

 5                The Secretary will continue.

 6                THE SECRETARY:   Calendar Number 

 7   783, by Senator Ranzenhofer, Senate Print 4381, 

 8   an act to amend Chapter 579 of the Laws of 2004.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.  Nays, 2.  

17   Senators Lanza and Panepinto recorded in the 

18   negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   784, by Senator Valesky, Senate Print 4392, an 

23   act to amend the Tax Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3145

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 7   Senators Lanza and Panepinto recorded in the 

 8   negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   785, by Senator Young, Senate Print 4408, an act 

13   to amend the Tax Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.  Nays, 2.  

22   Senators Lanza and Panepinto recorded in the 

23   negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3146

 1                THE SECRETARY:   Calendar Number 

 2   786, by Senator Young, Senate Print 4409, an act 

 3   to amend the Tax Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 58.  Nays, 3.  

12   Senators Hamilton, Lanza and Panepinto recorded 

13   in the negative.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   788, by Senator Young, Senate Print 4448, an act 

18   to amend Chapter 98 of the Laws of 2009.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3147

 1                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 2   Senators Lanza and Panepinto recorded in the 

 3   negative.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   789, by Senator Marchione, Senate Print 4493, an 

 8   act to amend the Tax Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.  Nays, 2.  

17   Senators Lanza and Panepinto recorded in the 

18   negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   792, by Senator Little, Senate Print 4675, an act 

23   to amend the Tax Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3148

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 7   Senators Lanza and Panepinto recorded in the 

 8   negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   794, by the Senate Committee on Rules, Senate 

13   Print 4696, an act to amend the Tax Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Squadron to explain his vote.

23                SENATOR SQUADRON:   Thank you, 

24   Mr. President.  

25                This is one of seven bills today 


                                                               3149

 1   sponsored by Senator Rules.  It's the second of 

 2   the seven.  Out of respect for the chamber and 

 3   other members' time, I will not speak on the 

 4   other six bills sponsored by Senator Rules.  

 5                But I would point out Senator Rules' 

 6   constituents have no idea how he or she feels on 

 7   important issues of the day.  Senator Rules' 

 8   constituents have no ability to hold Senator 

 9   Rules accountable for these bills or these votes.  

10   And in fact, when we're talking about these kinds 

11   of local extender bills, it is very hard to know 

12   who in this chamber is accountable for these 

13   bills at all.

14                Senator Rules was not elected.  

15   Senator Rules has no constituents.  We have 63 

16   members of this house, and we pass bills; one of 

17   them -- or one of us -- should take 

18   responsibility for it.  We shouldn't be passing 

19   bills sponsored by a Senator that does not exist.  

20                I'll be voting yes on these bills 

21   and the other six today, but I would point out 

22   seven bills is a whole lot on an active list.  So 

23   Senator Rules, despite never having gotten a vote 

24   from anybody, seems to be doing pretty well in 

25   this house.  


                                                               3150

 1                Thank you, Mr. President.  I'll vote 

 2   yes.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Squadron to be recorded in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 7   Senators Lanza and Panepinto recorded in the 

 8   negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   795, by the Senate Committee on Rules, Senate 

13   Print 4697, an act to amend the Tax Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.  Nays, 2.  

22   Senators Lanza and Panepinto recorded in the 

23   negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3151

 1                THE SECRETARY:   Calendar Number 

 2   797, by Senator Griffo, Senate Print 4818, an act 

 3   to amend the Tax Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 59.  Nays, 2.  

12   Senators Lanza and Panepinto recorded in the 

13   negative.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   798, by Senator Griffo, Senate Print 4819A, an 

18   act to amend the Tax Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3152

 1                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 2   Senators Lanza and Panepinto recorded in the 

 3   negative.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   800, by Senator Carlucci, Senate Print 4866, an 

 8   act to amend the Tax Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.  Nays, 2.  

17   Senators Lanza and Panepinto recorded in the 

18   negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   801, by Senator Larkin, Senate Print 4880, an act 

23   to amend the Tax Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3153

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 7   Senators Lanza and Panepinto recorded in the 

 8   negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   802, by the Senate Committee on Rules, Senate 

13   Print 4941, an act to amend the Tax Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.  Nays, 2.  

22   Senators Lanza and Panepinto recorded in the 

23   negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3154

 1                THE SECRETARY:   Calendar Number 

 2   805, by Senator Gallivan, Senate Print 4984, an 

 3   act to amend the Tax Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 59.  Nays, 2.  

12   Senators Lanza and Panepinto recorded in the 

13   negative.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   806, by Senator Young, Senate Print 4993, an act 

18   to amend Chapter 405 of the Laws of 2007.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3155

 1                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 2   Senators Lanza and Panepinto recorded in the 

 3   negative.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   807, by the Senate Committee on Rules, Senate 

 8   Print 5057, an act to amend the Tax Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.  Nays, 2.  

17   Senators Lanza and Panepinto recorded in the 

18   negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   808, by the Senate Committee on Rules, Senate 

23   Print 5058, an act to amend the Tax Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3156

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 7   Senators Lanza and Panepinto recorded in the 

 8   negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   809, by the Senate Committee on Rules, Senate 

13   Print 5059, an act to amend the Tax Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.  

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.  Nays, 2.  

22   Senators Lanza and Panepinto recorded in the 

23   negative.

24                ACTING PRESIDENT GRIFFO:   And the 

25   bill is passed.


                                                               3157

 1                THE SECRETARY:   Calendar Number 

 2   812, by Senator Ritchie, Senate Print 5090, an 

 3   act to amend the Tax Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 59.  Nays, 2.  

12   Senators Lanza and Panepinto recorded in the 

13   negative.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   937, by Senator Amedore, Senate Print 5550, an 

18   act to amend the Tax Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3158

 1                THE SECRETARY:   Ayes, 59.  Nays, 2.  

 2   Senators Lanza and Panepinto recorded in the 

 3   negative.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   954, by Senator DeFrancisco, Senate Print 31, an 

 8   act to amend the Social Services Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Krueger to explain her vote.

18                SENATOR KRUEGER:   Thank you, 

19   Mr. President.

20                While I understand the sponsor's 

21   desire to ensure that local communities can 

22   collect their property taxes -- my City of 

23   New York very much wants to collect its property 

24   taxes -- but this bill would actually order 

25   social service agencies not to be able to pay the 


                                                               3159

 1   rent of low-income people on public assistance if 

 2   the owner of the building was behind on their tax 

 3   payments.

 4                Now, it says in the bill -- and I 

 5   respect and appreciate the sponsor's attempt to 

 6   address the issue -- it says that the tenant can 

 7   use evidence of the landlord's failure to pay the 

 8   property tax as an argument in court to avoid 

 9   eviction for failure to pay their rent.

10                The dilemma is -- I think the 

11   statistics throughout the state are pretty 

12   consistent -- 98 percent of poor people on public 

13   benefits do not have attorneys to go to court 

14   with them on a housing situation.  So they'll be 

15   in a situation where their landlord is evicting 

16   them for failure to pay because the Department of 

17   Social Services is ordered not to pay.  

18                The landlord is absolutely the one 

19   guilty of failing to pay their property taxes, 

20   but the penalty will be paid by the poor family 

21   who, in their inability to understand how to 

22   prove that none of this is their fault, can be 

23   evicted in court very quickly from their home.

24                So I think there was a way for the 

25   sponsor to write this bill to make it extremely 


                                                               3160

 1   clear that a tenant could not be held responsible 

 2   when the Department of Social Services was 

 3   ordered not to pay their rent.  This bill, I 

 4   believe, leaves the burden of proving things on 

 5   poor tenants who may not even be in a position to 

 6   be able to get the information, and certainly not 

 7   timely and in a court situation with lawyers 

 8   involved.  

 9                So I vote no.  Thank you very much.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Krueger to be recorded in the negative.

12                Senator DeFrancisco to explain his 

13   vote.

14                SENATOR DeFRANCISCO:   Yes.  

15   Basically what this bill does is that if a 

16   landlord has a piece of property and they're 

17   getting paid by the Department of Social 

18   Services, they can no longer, if this bill is 

19   enforced, or this law would be enforced if it 

20   became law, just pocket the cash from the 

21   Department of Social Services and the taxpayers 

22   of the State of New York and not pay taxes.

23                So they have a piece of property 

24   that they're getting a windfall on, not paying 

25   the taxes, and no doubt the property is probably 


                                                               3161

 1   deteriorating as well.  That is bad public 

 2   policy, in my mind.  

 3                The landlord is going to have the 

 4   same problem if they evict this person and Social 

 5   Services put another person in the house; he's 

 6   still going to have to pay taxes.  So I just 

 7   think it's pretty commonsense.  

 8                And if there's relief needed by the 

 9   tenant, Social Services will provide that relief, 

10   as they do all people that are in need of 

11   housing.

12                Thank you.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   DeFrancisco to be recorded in the affirmative.  

15                Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar Number 954, those recorded in the 

18   negative are Senators Avella, Dilan, Espaillat, 

19   Hoylman, Krueger, Montgomery, Peralta, Perkins, 

20   Rivera, Sanders, Serrano and Squadron.  Also 

21   Senator Stavisky.  Also Senator Breslin.  Also 

22   Senator Comrie.  

23                Ayes, 46.  Nays, 15.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.  


                                                               3162

 1                The Secretary will continue.

 2                THE SECRETARY:   Calendar Number 

 3   956, by Senator LaValle, Senate Print 324, an act 

 4   to amend the Criminal Procedure Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT GRIFFO:   Announce 

13   the results.

14                THE SECRETARY:   In relation to 

15   Calendar 956, those recorded in the negative are 

16   Senators Comrie, Dilan, Hoylman, Krueger, 

17   Montgomery, Perkins, Rivera, Sanders and 

18   Squadron.

19                Ayes, 52.  Nays, 9.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   958, by Senator Gallivan, Senate Print 403, an 

24   act to amend the Criminal Procedure Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3163

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT GRIFFO:   Announce 

 8   the results.  

 9                THE SECRETARY:   In relation to 

10   Calendar 958, those recorded in the negative are 

11   Senators Dilan, Hoylman, Krueger, Montgomery, 

12   Perkins, Rivera, Sanders and Squadron.

13                Ayes, 53.  Nays, 8.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   977, by Senator Ritchie, Senate Print 2396, an 

18   act to amend the Vehicle and Traffic Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect on the 180th day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3164

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   980, by Senator Griffo, Senate Print 2720, an act 

 6   to amend the Penal Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 5.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   In relation to 

15   Calendar 980, those recorded in the negative are 

16   Senators Comrie, Dilan, Hoylman, Krueger, 

17   Montgomery, Perkins, Rivera, Sanders, Serrano and 

18   Squadron.

19                Ayes, 51.  Nays, 10.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   997, by Senator Lanza, Senate Print 3852, an act 

24   to amend the Penal Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3165

 1   last section.

 2                THE SECRETARY:   Section 4.  This 

 3   act shall take effect on the 60th day.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   In relation to 

 8   Calendar Number 997, those recorded in the 

 9   negative are Senators Comrie, Dilan, Hoylman, 

10   Krueger, Montgomery, Perkins, Rivera, Sanders, 

11   Serrano and Squadron.

12                Ayes, 51.  Nays, 10.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   998, by Senator Seward, Senate Print 4038, an act 

17   to amend the Environmental Conservation Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT GRIFFO:   Announce 


                                                               3166

 1   the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 998, those recorded in the 

 4   negative are Senators Carlucci, Comrie, 

 5   Espaillat, Gianaris, Hoylman, Krueger, 

 6   Montgomery, Perkins, Rivera, Sanders, Serrano, 

 7   Squadron and Stavisky.  

 8                Ayes, 48.  Nays, 13.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1134, by Senator Kennedy, Senate Print 657, an 

13   act to amend the Penal Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 61.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1142, by Senator Kennedy, Senate Print 1417, an 


                                                               3167

 1   act to amend the Penal Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect on the first of November.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 61.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                Senator DeFrancisco, that concludes 

13   the noncontroversial reading of today's active 

14   list calendar.

15                SENATOR DeFRANCISCO:   Can we take 

16   up the controversial reading and lay aside for 

17   the day the one bill that's on it.

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will ring the bell, and the bill is 

20   laid aside for the day.

21                SENATOR DeFRANCISCO:   We have one 

22   more resolution.

23                ACTING PRESIDENT GRIFFO:   We do 

24   have one more resolution before the desk, by 

25   Senator Peralta.


                                                               3168

 1                SENATOR DeFRANCISCO:   That's 2535.  

 2   Please read it in its entirety.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Secretary will read.

 5                Can I have some order in the 

 6   chamber, please.

 7                THE SECRETARY:   Legislative 

 8   Resolution Number 2535, by Senator Peralta, 

 9   welcoming the students and faculty of the 

10   Lexington School for the Deaf/Center for the Deaf 

11   as they visit Albany, New York, on June 2, 2015.

12                "WHEREAS, It is the custom of this 

13   Legislative Body to recognize and commend" --

14                ACTING PRESIDENT GRIFFO:   The 

15   Secretary will continue.

16                THE SECRETARY:   "WHEREAS, It is the 

17   custom of this Legislative Body to recognize and 

18   commend those institutions of true purpose and 

19   high achievement whose exemplary programs and 

20   accomplishments clearly demonstrate an enduring 

21   pursuit of excellence in the education of deaf 

22   youth in the Empire State; and 

23                "WHEREAS, Attendant to such concern, 

24   and in full accord with its long-standing  

25   traditions, this Legislative Body is justly proud 


                                                               3169

 1   to welcome the students and faculty of the  

 2   Lexington School for the Deaf/Center for the Deaf 

 3   as they visit Albany, New York, on June 2, 2015; 

 4   and 

 5                "WHEREAS, It is central to the 

 6   mission of the Lexington School for the  

 7   Deaf/Center for the Deaf to be an exemplary 

 8   education, service and research institution for 

 9   the deaf and hard of hearing in metropolitan 

10   New York City and the nation; and 

11                "WHEREAS, The Lexington School has 

12   helped and continues to facilitate the deaf and 

13   hard of hearing in overcoming great barriers to 

14   learning, growing, and thriving in a complex 

15   world; and 

16                "WHEREAS, Lexington School for the 

17   Deaf was founded in 1864 when the first class of 

18   six children and an instructor convened at the 

19   home of Isaac and Hannah Rosenfeld; and 

20                "WHEREAS, Due to constantly 

21   increasing enrollment, the school moved several 

22   times until it settled in 1882 at 904 Lexington 

23   Avenue with 161 students; in 1934, it officially 

24   became the Lexington School for the Deaf; and 

25                "WHEREAS, The Lexington School for 


                                                               3170

 1   the Deaf continued to grow, and in 1968 its new 

 2   home was inaugurated on a seven-acre site at  

 3   30th Avenue and 75th Street in Jackson Heights, 

 4   Queens; and 

 5                "WHEREAS, Today, the Lexington 

 6   School for the Deaf is the largest school for the 

 7   deaf in New York State, with its student body 

 8   residing throughout the five boroughs of New York 

 9   City; and 

10                "WHEREAS, In addition to its strong 

11   academic program, the Lexington School for the 

12   Deaf offers a broad range of physical and 

13   cultural education programs, including a highly 

14   regarded basketball team; and 

15                "WHEREAS, In the 1980s, the 

16   Lexington School for the Deaf became known as the 

17   Lexington School for the Deaf/Center for the 

18   Deaf, after establishing several affiliate 

19   agencies to support the needs of deaf and hard of 

20   hearing children and adults; this included the 

21   Lexington Center for Mental Health Services, the 

22   Lexington Hearing and Speech Center, and the 

23   Lexington Vocational Services, a New York State 

24   Education Department - Vocational Services for 

25   Individuals with Disabilities-funded program; and 


                                                               3171

 1                "WHEREAS, The Lexington School for 

 2   the Deaf/Center for the Deaf developed a new 

 3   approach to teaching in the mid-1990s; it became 

 4   the first Mediated Learning educational model in 

 5   a school for the deaf, which earned it the 

 6   federal designation of a Most Effective Practices 

 7   school; and 

 8                "WHEREAS, It is the sense of this 

 9   Legislative Body that those who enhance the 

10   well-being and vitality of their community and 

11   have shown a long and sustained commitment to 

12   excellence certainly have earned our recognition 

13   and applause; now, therefore, be it  

14                "RESOLVED, That this Legislative 

15   Body pause in its deliberations to welcome the 

16   students and faculty of the Lexington School for 

17   the Deaf/Center for the Deaf as they visit 

18   Albany, New York, on June 2, 2015, and to wish 

19   them well in all their future endeavors; and be 

20   it further 

21                "RESOLVED, That a copy of this  

22   resolution, suitably engrossed, be transmitted to 

23   the Lexington School for the Deaf/Center for the 

24   Deaf."

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               3172

 1   Peralta.

 2                SENATOR PERALTA:   Thank you, 

 3   Mr. President.

 4                The Lexington School for the 

 5   Deaf/Center for the Deaf is an institution that 

 6   has been serving the deaf and hard of hearing 

 7   communities of New York and the metropolitan area 

 8   for 150 years.  What began with a class of six 

 9   children soon became a well-known school 

10   operating from Lexington Avenue.  Because of its 

11   continuing growth, the school moved to Queens in 

12   1968, inaugurating its new location at 75th 

13   Street and 30th Avenue in Jackson Heights, which 

14   happens to be my district.  

15                I personally want to welcome the 

16   Lexington School group to Albany.  And among the 

17   group we have here with us today, two students 

18   from the school also happen to be my 

19   constituents.  I want to welcome to the capital 

20   Joseph Pon and Adrian Rivera.  

21                And I want to welcome all of the 

22   students that are here today representing a 

23   school that has been serving the deaf and hard of 

24   hearing for many years, helping them realize 

25   their full potential in both the deaf and hard of 


                                                               3173

 1   hearing worlds.  

 2                The school also emphasizes ensuring 

 3   mastery of expressive and repetitive 

 4   communication skills by individuals at every 

 5   point along the spectrum of deaf to hard of 

 6   hearing; designing and using evolving information 

 7   technologies to the best advantage; and being a 

 8   leading advocate for the deaf and hard of hearing 

 9   communities.  

10                The needs of Lexington students 

11   reflect the challenges posed by society, with 

12   many living in poverty and facing obstacles to 

13   access healthcare and decent jobs.  And many are 

14   recent immigrants for whom the complex adjustment 

15   to life in the United States is made more 

16   difficult because of deafness.  

17                Since its founding in 1865, 

18   Lexington has evolved to offer vital services in 

19   a wide range of areas.  And in the 1980s, the 

20   school became known as the Lexington School for 

21   the Deaf/Center for the Deaf.  

22                The school provides education and 

23   services to more than 2,500 students annually.  

24                For all the amazing work over the 

25   course of all these years at the Lexington School 


                                                               3174

 1   for the Deaf/Center for the Deaf, I want to 

 2   welcome them and sincerely thank them for the 

 3   extraordinary job that they've done.  

 4                And I know that tonight there's 

 5   going to be a basketball game.  For all those who 

 6   are interested, you can go watch the game.  And I 

 7   would wish you luck, but I know that you don't 

 8   need it because you're going to beat these old 

 9   guys.  

10                (Laughter.)

11                SENATOR PERALTA:   Congratulations, 

12   and welcome to Albany.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Gianaris.

15                SENATOR GIANARIS:   Thank you, 

16   Mr. President.  

17                I want to add my welcoming remarks 

18   as well.  The Lexington School is in Senator 

19   Peralta's district, but borders mine, and I think 

20   one of the students here today, Mr. Tanvir 

21   Chowdhury, is from my district.  

22                One of the great traditions, as 

23   Senator Peralta mentioned, is that we do have fun 

24   playing in a basketball game with them when they 

25   come up on this trip.  And so I appreciate 


                                                               3175

 1   Senator Peralta's confidence in our abilities for 

 2   those of us going to be playing tonight, but on a 

 3   more optimistic note, for those of us in the 

 4   Assembly and Senate, I want to apologize in 

 5   advance for the loss you're going to take on the 

 6   court tonight.  

 7                (Laughter.)

 8                SENATOR GIANARIS:   And I hope you 

 9   enjoy your trip, and we'll see you back in 

10   Queens.

11                ACTING PRESIDENT GRIFFO:   The 

12   question is on the resolution.  All in favor 

13   signify by saying aye.

14                (Response of "Aye.")

15                ACTING PRESIDENT GRIFFO:   Opposed?

16                (No response.)

17                ACTING PRESIDENT GRIFFO:   The 

18   resolution is adopted.  

19                We welcome the faculty and the 

20   students of the Lexington School for the Deaf.  

21   We wish you well tonight.  I know you can beat 

22   these guys, so congratulations.  

23                Please rise and be welcomed here at 

24   the Senate chamber.  Let's all give them a big 

25   round of applause.


                                                               3176

 1                (Standing ovation.)

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   DeFrancisco, that completes the motions and 

 4   resolutions before the desk. 

 5                SENATOR DeFRANCISCO:   Is there any 

 6   further business at the desk?  

 7                ACTING PRESIDENT GRIFFO:   There is 

 8   no further business before the desk.

 9                SENATOR DeFRANCISCO:   That being 

10   the case, I move to adjourn until Wednesday, 

11   June 3rd, at 11:00 a.m.

12                ACTING PRESIDENT GRIFFO:   On 

13   motion, the Senate will stand adjourned until 

14   Wednesday, June 3rd, at 11:00 a.m. 

15                The Senate stands adjourned.

16                (Whereupon, at 4:04 p.m., the Senate 

17   adjourned.)

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