Regular Session - June 14, 2016

                                                                   3663

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 14, 2016

11                     1:12 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  


                                                               3664

 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 on this Flag Day.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   Today's 

10   invocation will be offered by Bishop Aubrey C.H. 

11   Brown, Jr., pastor of Cathedral of Praise in 

12   Brooklyn.  

13                BISHOP BROWN:   Let us pray.  

14                Almighty God, the monarch of the 

15   universe, the sovereign deity of all mankind, we 

16   approach Your throne with awe and complete 

17   wonderment, rejoicing in the glory of Your might 

18   and the mercies of Your grace.  It is with 

19   profound joy and hearts of gratitude that we 

20   come before You today, thanking You for having 

21   brought us together in the unity of Your love, 

22   in the bond of peace.  

23                We solicit Your presence today.  

24   These honorable men and women come together to 

25   execute business on behalf of the great State of 


                                                               3665

 1   New York.  We ask that Your divine wisdom and 

 2   power will guide them as they labor for the 

 3   common good of their constituents.  May You 

 4   grant them wisdom, courage, and understanding as 

 5   they conduct the business of this house for the 

 6   good of the citizens of the state.

 7                O God of Abraham, Isaac and Jacob, 

 8   cause Thy face to shine upon them even in their 

 9   darkest hour of decision-making.  Grant them 

10   success in fulfilling their God-given 

11   responsibilities.  

12                Dear Father, hear our prayers in 

13   this sacred hour of human solicitations.  Grant 

14   Thy divine guidance upon these, Your public 

15   servants.  We pray that the power of the Holy 

16   Spirit will guide them in all their 

17   undertakings.  

18                May You bless them as they serve in 

19   this era of untold difficulties, of humans' 

20   malignity.  Grant them the outer strength to 

21   overcome the vicissitudes and the various 

22   obstacles of the passing day.  May their hearts 

23   be joined together as one so their task will be 

24   made easy, the rugged mountains will be 

25   climbable, the rivers will be better to cross, 


                                                               3666

 1   and the rough paths be made smooth.  

 2                O Thou God of Israel, we pray for 

 3   all those that are called to govern and to 

 4   legislate laws that will affect the lives of all 

 5   people of the State of New York.  Give them 

 6   wisdom and courage each day and every hour.  May 

 7   You rest Your merciful hands upon them and grant 

 8   them peace in the midst of a storm.  

 9                Gracious God of heaven, visit those 

10   who mourn the result of the senseless act of 

11   terror over the past days that have left us as a 

12   nation in deep forlornness.  Will You comfort 

13   the hearts of those families that are broken 

14   this hour.  Grant them peace of mind in a 

15   troubled world.  Bear them up in Your arms, O 

16   Lord and Master.  Help them through the nights 

17   that lie ahead.  Remind them that You are the 

18   God of comfort and the God of joy, and that 

19   weeping may endure for a night, but joy cometh 

20   in the morning.  

21                Lord, we thank You for Your grace 

22   and Your mercy.  Remind us that they that wait 

23   upon the Lord shall renew their strength.  They 

24   shall mount up with wings as eagles.  They shall 

25   run and not be weary.  They shall walk and not 


                                                               3667

 1   faint.  

 2                I pray that whatever comes before us 

 3   today, that Your holy spirit will guide us, pray 

 4   whatever we put our hands to will be prosperous, 

 5   pray that the lives of Your people will be lived 

 6   in praises to Your glory and to Your honor.  

 7   Bless this honorable house today, and grant Your 

 8   peace upon your people.  Let Your holy spirit 

 9   take preeminence in their midst.  

10                Lord, may Your blessing be upon 

11   these public servants of God from now and always 

12   until the day dawns and the shadows flee away.  

13   Let the words of my mouth and the meditation of 

14   my heart be acceptable in Thy sight, O Lord, my 

15   strength and my redeemer.  

16                Amen.

17                ACTING PRESIDENT GRIFFO:   The 

18   reading of the Journal.

19                THE SECRETARY:   In Senate, Monday, 

20   June 13th, the Senate met pursuant to 

21   adjournment.  The Journal of Sunday, June 12th, 

22   was read and approved.  On motion, Senate 

23   adjourned.

24                ACTING PRESIDENT GRIFFO:   Without 

25   objection, the Journal stands approved as read.


                                                               3668

 1                Presentation of petitions.

 2                Messages from the Assembly.

 3                Could I have some order in the 

 4   house, please.  

 5                The Secretary will read.

 6                THE SECRETARY:   On page 5, Senator 

 7   Bonacic moves to discharge, from the Committee on 

 8   Racing, Gaming and Wagering, Assembly Bill Number 

 9   9125 and substitute it for the identical Senate 

10   Bill 6550A, Third Reading Calendar 105.

11                On page 17, Senator Hannon moves to 

12   discharge, from the Committee on Health, Assembly 

13   Bill Number 446 and substitute it for the 

14   identical Senate Bill 4325, Third Reading 

15   Calendar 671.  

16                On page 17, Senator Lanza moves to 

17   discharge, from the Committee on Health, 

18   Assembly Bill Number 8650B and substitute it for 

19   the identical Senate Bill 6835B, Third Reading 

20   Calendar 674.

21                On page 19, Senator Amedore moves to 

22   discharge, from the Committee on Civil Service 

23   and Pensions, Assembly Bill Number 9034 and 

24   substitute it for the identical Senate Bill 6331, 

25   Third Reading Calendar 740.


                                                               3669

 1                On page 20, Senator Amedore moves to 

 2   discharge, from the Committee on Civil Service 

 3   and Pensions, Assembly Bill Number 9040 and 

 4   substitute it for the identical Senate Bill 6332, 

 5   Third Reading Calendar 741.

 6                On page 20, Senator Amedore moves to 

 7   discharge, from the Committee on Civil Service 

 8   and Pensions, Assembly Bill Number 9035 and 

 9   substitute it for the identical Senate Bill 6333, 

10   Third Reading Calendar 742.

11                On page 22, Senator Boyle moves to 

12   discharge, from the Committee on Higher 

13   Education, Assembly Bill Number 680 and 

14   substitute it for the identical Senate Bill 4449, 

15   Third Reading Calendar 799.  

16                On page 26, Senator LaValle moves to 

17   discharge, from the Committee on Higher 

18   Education, Assembly Bill Number 9689A and 

19   substitute it for the identical Senate Bill 

20   7133A, Third Reading Calendar 929.

21                On page 26, Senator LaValle moves to 

22   discharge, from the Committee on Higher 

23   Education, Assembly Bill Number 9371 and 

24   substitute it for the identical Senate Bill 7226, 

25   Third Reading Calendar 930.


                                                               3670

 1                On page 27, Senator Rivera moves to 

 2   discharge, from the Committee on Crime Victims, 

 3   Crime and Correction, Assembly Bill Number 7500A 

 4   and substitute it for the identical Senate Bill 

 5   5427A, Third Reading Calendar 941.

 6                On page 27, Senator LaValle moves to 

 7   discharge, from the Committee on Rules, 

 8   Assembly Bill Number 1683A and substitute it for 

 9   the identical Senate Bill 1485A, Third Reading 

10   Calendar 962.

11                On page 32, Senator Seward moves to 

12   discharge, from the Committee on Cultural 

13   Affairs, Tourism, Parks and Recreation, Assembly 

14   Bill Number 10085 and substitute it for the 

15   identical Senate Bill 7490, Third Reading 

16   Calendar 1088.

17                On page 33, Senator Nozzolio moves 

18   to discharge, from the Committee on 

19   Transportation, Assembly Bill Number 7307 and 

20   substitute it for the identical Senate Bill 

21   4173A, Third Reading Calendar 1105.

22                On page 33, Senator Klein moves to 

23   discharge, from the Committee on Transportation, 

24   Assembly Bill Number 6561A and substitute it for 

25   the identical Senate Bill 4311A, Third Reading 


                                                               3671

 1   Calendar 1106.

 2                On page 35, Senator Lanza moves to 

 3   discharge, from the Committee on Health, 

 4   Assembly Bill Number 7181 and substitute it for 

 5   the identical Senate Bill 5100, Third Reading 

 6   Calendar 1142.

 7                On page 35, Senator Hannon moves to 

 8   discharge, from the Committee on Health, 

 9   Assembly Bill Number 5510B and substitute it for 

10   the identical Senate Bill 7369A, Third Reading 

11   Calendar 1148.

12                On page 39, Senator Robach moves to 

13   discharge, from the Committee on Labor, 

14   Assembly Bill Number 9755 and substitute it for 

15   the identical Senate Bill 7291, Third Reading 

16   Calendar 1195.

17                On page 47, Senator Boyle moves to 

18   discharge, from the Committee on Environmental 

19   Conservation, Assembly Bill Number 10203 and 

20   substitute it for the identical Senate Bill 7308, 

21   Third Reading Calendar 1342.

22                On page 49, Senator DeFrancisco 

23   moves to discharge, from the Committee on Mental 

24   Health and Developmental Disabilities, Assembly 

25   Bill Number 3461C and substitute it for the 


                                                               3672

 1   identical Senate Bill 5154C, Third Reading 

 2   Calendar 1365.

 3                On page 54, Senator Lanza moves to 

 4   discharge, from the Committee on Rules, 

 5   Assembly Bill Number 9688 and substitute it for 

 6   the identical Senate Bill 7121, Third Reading 

 7   Calendar 1507.

 8                On page 55, Senator Funke moves to 

 9   discharge, from the Committee on Finance, 

10   Assembly Bill Number 9858 and substitute it for 

11   the identical Senate Bill 7475, Third Reading 

12   Calendar 1509.

13                On page 55, Senator Amedore moves to 

14   discharge, from the Committee on Rules, 

15   Assembly Bill Number 10258 and substitute it for 

16   the identical Senate Bill 7894, Third Reading 

17   Calendar 1516.

18                On page 55, Senator LaValle moves to 

19   discharge, from the Committee on Environmental 

20   Conservation, Assembly Bill Number 10264 and 

21   substitute it for the identical Senate Bill 7908, 

22   Third Reading Calendar 1517.

23                On page 59, Senator Croci moves to 

24   discharge, from the Committee on Finance, 

25   Assembly Bill Number 8562A and substitute it for 


                                                               3673

 1   the identical Senate Bill 6446, Third Reading 

 2   Calendar 1560.

 3                On page 60, Senator Gallivan moves 

 4   to discharge, from the Committee on Finance, 

 5   Assembly Bill Number 9762 and substitute it for 

 6   the identical Senate Bill 7191, Third Reading 

 7   Calendar 1578.

 8                On page 60, Senator Murphy moves to 

 9   discharge, from the Committee on Finance, 

10   Assembly Bill Number 9696 and substitute it for 

11   the identical Senate Bill 7224, Third Reading 

12   Calendar 1579.

13                On page 61, Senator Ortt moves to 

14   discharge, from the Committee on Crime Victims, 

15   Crime and Correction, Assembly Bill Number 9239 

16   and substitute it for the identical Senate Bill 

17   7252, Third Reading Calendar 1581.

18                And on page 61, Senator Murphy moves 

19   to discharge, from the Committee on Rules, 

20   Assembly Bill Number 10242 and substitute it for 

21   the identical Senate Bill 7660A, Third Reading 

22   Calendar 1589.

23                ACTING PRESIDENT GRIFFO:   The 

24   substitutions, as presented, are so ordered.

25                Messages from the Governor.


                                                               3674

 1                Reports of standing committees.

 2                Reports of select committees.

 3                Communications and reports of state 

 4   officers.

 5                Motions and resolutions.

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:   Yes, 

 8   Mr. President, I offer the following amendments 

 9   to the following Third Reading Calendar bills:

10                On page 9, Calendar Number 321, 

11   Senator Martins' bill, Senate Print 5276; 

12                Another Senator Martins bill, on 

13   page 15, Calendar Number 621, Senate Print 5783A; 

14                A Senator Golden bill, on page 37, 

15   Calendar Number 1188, Senate Print 7516; 

16                A Senator Akshar bill, page 54, 

17   Calendar Number 1499, Senate Print 6665; 

18                And a Senator Gallivan bill, 

19   page 60, Calendar Number 1571, Senate Print 

20   6949A.  

21                I now move that these bills retain 

22   their place on the order of third reading.

23                ACTING PRESIDENT GRIFFO:   The 

24   amendments are received as so noted, and the 

25   bills shall retain their place on Third Reading 


                                                               3675

 1   Calendar.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:    

 4   Mr. President, there's a privileged resolution at 

 5   the desk by Senators Flanagan, Klein and 

 6   Stewart-Cousins.  Could you please read it in its 

 7   entirety and first call on Senator Flanagan.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will read.

10                THE SECRETARY:   Legislative 

11   Resolution by Senators Flanagan, Klein and 

12   Stewart-Cousins, expressing sincerest, heartfelt 

13   condolences to the Orlando community in wake of 

14   the devastating tragedy which took place at a 

15   nightclub in Orlando, Florida, and applauding all 

16   those who acted immediately and heroically in the 

17   face of danger.  

18                "WHEREAS, The very principles of 

19   American freedom, and the safety and security of 

20   every American at home and abroad, were 

21   challenged by the unspeakable atrocities 

22   committed in Florida, during the early morning 

23   hours of Sunday, June 12, 2016, at Pulse, a 

24   popular nightclub located in the heart of 

25   Orlando; and 


                                                               3676

 1                "WHEREAS, For all New Yorkers, the 

 2   images of this horrific domestic act of terrorism 

 3   rekindles heartbreaking memories and causes us to 

 4   pause and reflect on our daily lives; and 

 5                "WHEREAS, A heavily armed man 

 6   entered the nightclub and began shooting, killing 

 7   49 people and wounding 53 more; and 

 8                "WHEREAS, The very heart and soul of 

 9   America has once more been shaken to its core and 

10   this tragedy stands as a reminder that such 

11   senseless acts of violence will not destroy the 

12   values that make America great; and 

13                "WHEREAS, The power of human 

14   compassion and the strength and spirit of the 

15   American people were revealed in Orlando as we 

16   learned of the immediate and heroic outpouring of 

17   service and concern for the victims of this act 

18   of terrorism and in its aftermath; and 

19                "WHEREAS, This Legislative Body 

20   cannot express sufficient gratitude to those 

21   devoted first responders, including police 

22   officers, Orange County sheriff's deputies, and 

23   FBI agents, as well as paramedics and 

24   firefighters from three fire departments, who 

25   inspire us all by carrying out their sworn duties 


                                                               3677

 1   with great courage and bravery; and 

 2                "WHEREAS, The combined and 

 3   coordinated efforts of these individuals and 

 4   their swift response are a testament to the 

 5   spirit of unity and fellowship in the face of 

 6   adversity which characterizes the best of 

 7   America; and 

 8                "WHEREAS, The people of the State of 

 9   New York stand steadfast in their solidarity with 

10   Orlando, Florida, all of whom were victimized by 

11   the attack on Sunday, June 12, 2016; now, 

12   therefore, be it  

13                "RESOLVED, That this Legislative 

14   Body pause in its deliberations to express 

15   sincerest, heartfelt condolences to the victims 

16   and their families and to applaud all those who 

17   acted immediately and heroically in the face of 

18   danger, and to extend to the people of Orlando 

19   the sincere best wishes and heartfelt prayers of 

20   all New Yorkers; and be it further 

21                "RESOLVED, That a copy of this  

22   resolution, suitably engrossed, be transmitted to 

23   The Honorable Rick Scott, Governor of the State 

24   of Florida."

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               3678

 1   Flanagan.

 2                SENATOR FLANAGAN:   Thank you, 

 3   Mr. President.

 4                You know, there are times when any 

 5   one of us has the opportunity to get up and speak 

 6   and I can be very proud and kind of bask and 

 7   revel in the work that we do here in the seat of 

 8   government in the New York State Senate.  On a 

 9   day like today, I'm humbled.  And I feel to some 

10   degree I'm at a loss, mentally and, you know, 

11   when you think about what has transpired, almost 

12   physically.  Because the events that unfolded in 

13   Orlando could be right in the City of Albany, 

14   they could be in any community across the State 

15   of New York.

16                And certainly no one needs a 

17   reminder from me about the tragic events of 9/11.  

18   What had transpired now close to 15 years ago is 

19   ever-present in our mind.  At that time the whole 

20   country embraced the State of New York, as they 

21   did for Washington, D.C. and the state of 

22   Pennsylvania.  

23                So today I think about Flag Day, 

24   Flag Day in a good way, as one of the most 

25   important symbols of our country and all that it 


                                                               3679

 1   stands for, for freedom, our principles, 

 2   democracy, our values.

 3                I also think, and I had expressed 

 4   this briefly to Senator Lanza -- I had an 

 5   opportunity to speak at a community event after 

 6   9/11, and I was thinking about being a 

 7   New Yorker.  So I look up at the beautiful 

 8   stained glass behind Mr. President, and our state 

 9   motto is "Excelsior," which, properly translated, 

10   means "ever upward."  

11                So what has transpired is an attack 

12   on every person in this room, every person in 

13   this state, every person in this country, and 

14   frankly, I think, all across the world.  Because 

15   the things that we believe in and the things we 

16   hold sacred, we should be even more emboldened 

17   now to stand up for those principles.

18                Now, everyone has a frame of 

19   reference.  And I -- well, let's put it this way.  

20   Life is precious, and life can be fleeting.  And 

21   on any given day, something very significant in a 

22   negative way can happen.  The first thing I 

23   thought of about Orlando was how horrific this 

24   was, how horrific it was for those families, the 

25   individuals who died, the people who were 


                                                               3680

 1   injured.  

 2                And as a parallel, I thought of my 

 3   own children, because it could be anyplace, 

 4   anytime, anywhere.  And I had a conversation with 

 5   my daughter Ashley, who is an extraordinary human 

 6   being, talking about the fact that she didn't 

 7   even know any of these people but it could have 

 8   been anyone.  

 9                So when we think about these things, 

10   I think it's extraordinarily important for us as 

11   a legislative body to deliberate, to commiserate, 

12   to express our condolences, and to do so in a 

13   New York, very heartfelt way.  And that includes 

14   all kinds of people -- all the people involved in 

15   law enforcement, first responders, volunteers, 

16   people who just came with thoughts and prayers, 

17   laying flowers all over the place.  

18                And even now as we speak, there 

19   still is a horrible crime scene that has to be 

20   investigated for days, where people can't even 

21   see the people that they love who were killed.  

22                So I want to just add as one voice, 

23   on behalf of our Senate and our conference, our 

24   thoughts, our condolences.  And we need to be 

25   ever-vigilant for the things that we believe in, 


                                                               3681

 1   whether it's Flag Day or not.  

 2                Florida is very similar to New York.  

 3   In fact, there's a lot of New Yorkers who live in 

 4   Florida.  So we need to embrace them at this time 

 5   of human tragedy and speak out against terror, 

 6   speak out for the dignity of human life, and make 

 7   sure that we never forget how important it is, 

 8   the work that we do, whether it's with our 

 9   colleagues in Florida or just here in the State 

10   of New York.

11                Mr. President, I would like to 

12   express, again, our sincere condolences to the 

13   great people of the State of Florida and to all 

14   the families that have been subject to this 

15   incredible human tragedy.

16                Thank you.

17                ACTING PRESIDENT GRIFFO:   Thank 

18   you, Senator Flanagan.  

19                Senator Klein.

20                SENATOR KLEIN:   Thank you, 

21   Mr. President.  I too rise to talk about what I 

22   think Senator Flanagan said best, sort of a 

23   coming together.  

24                You know, I know most of us have 

25   watched the news as it unfolded.  But certainly 


                                                               3682

 1   when I watched this morning a mother, named Mina 

 2   Justice, speak about her son on the news, I think 

 3   it gets -- would get most of us, certainly 

 4   myself, thinking.

 5                She scrolled through the text 

 6   messages from her son and his last words to her 

 7   before he was killed, like 49 others, was "I love 

 8   you," he wrote, as he huddled in a bathroom with 

 9   others.  It was 2:06 a.m.  Soon after, he texted 

10   again:  "He's coming.  I'm going to die."

11                Can you imagine a mom getting a text 

12   like that, in this day and age, the greatest 

13   nation in the world, from her soon-lost son?  

14                Well, I think all of us heard a lot 

15   of I guess the political rhetoric on both sides.  

16   But I think what it's up to us to do now is mourn 

17   and remember.  And always remember what makes us 

18   great as a nation, what really makes us great as 

19   Americans is that we all recognize a very simple 

20   truth, that we're either going to sink or swim 

21   together.  So when one group feels a tragedy, we 

22   all mourn and we all feel that tragedy.  

23                And certainly what happened in 

24   Orlando was pure evil which ripped 49 lives from 

25   each and every one of us.  A life, we all 


                                                               3683

 1   recognize, by a man who disapproved of life in 

 2   America, a life where people are free to be who 

 3   they are -- gay, lesbian, straight -- practice 

 4   their religion as they see fit.  This is really 

 5   what makes America great.

 6                But I think I just want to close by 

 7   basically saying that this deadly terrorist act, 

 8   all of us as one, no matter who we pray to, no 

 9   matter who we love, must be condemned.  Because 

10   the fear and hate that came through the barrel of 

11   his gun will never stop Americans from living 

12   their lives freely regardless of sexual 

13   orientation.  

14                We in America do not live in a world 

15   of hate, and we will never waiver in the face of 

16   terror and hate.  We know as New Yorkers that 

17   terrorist acts only serve to unite us.  We are 

18   Americans, we are free, and today each and every 

19   one of us are Orlando.  

20                Thank you, Mr. President.

21                ACTING PRESIDENT GRIFFO:   Thank 

22   you, Senator Klein.  

23                Senator Stewart-Cousins.

24                SENATOR STEWART-COUSINS:   Thank 

25   you.  Thank you, Mr. President.  


                                                               3684

 1                And I certainly rise with my 

 2   colleagues to express our deepest condolences and 

 3   the reality of what this tragedy in Orlando has 

 4   done.

 5                I think, frankly, it's left us all 

 6   numb.  The news was shocking, devastating, and 

 7   unfortunately, in this day and age, for so many 

 8   of us not surprising.  We live in a world where 

 9   hate and terror seem to be all too common.  And 

10   unfortunately, hate and terror can too easily 

11   access weapons of death.

12                Now, while this resolution didn't 

13   mention this, the crime appears to have been 

14   directed at two specific communities, the LGBTQ 

15   community and, at the same time, the Hispanic 

16   community.  And I'm told that since this was a 

17   Puerto Rican Parade weekend, a lot of the people 

18   were Puerto Rican.

19                But as my colleagues have said, this 

20   is not about anything other than all of us.  We 

21   are all attacked when something like this 

22   happens.

23                So yes, we need to come together.  

24   We need to unite.  We need to love more, hate 

25   less.  We need commonsense laws to protect 


                                                               3685

 1   people.  We need to stop selling these weapons of 

 2   war.

 3                Here in New York I think we can look 

 4   across the aisle and say that we've outlawed a 

 5   lot of these weapons and we need to do more.  And 

 6   we need Washington to do more.  We need 

 7   Washington to act.

 8                You may not be able to legislate 

 9   hate out of a man's heart, but as Dr. King said, 

10   it may be true that laws cannot change the heart, 

11   but it can restrain the heartless.  It may be 

12   true that laws cannot make a man love me, but it 

13   can keep him from lynching me.  And I think 

14   that's pretty important also.

15                In times like these we struggle to 

16   find meaning, we struggle to find peace, and I 

17   look towards words that can comfort and guide us.  

18   Again, in the words of Dr. King, darkness cannot 

19   drive out darkness, only light can do that.  Hate 

20   cannot drive out hate, only love can do that.

21                We wish the community of Orlando 

22   love and the strength of America to drive out the 

23   hatred.  

24                Thank you.

25                ACTING PRESIDENT GRIFFO:   Thank 


                                                               3686

 1   you, Senator Stewart-Cousins.

 2                Senator Hoylman.

 3                SENATOR HOYLMAN:   Thank you, 

 4   Mr. President.

 5                You know, I think of the word 

 6   Orlando and my daughter.  And -- excuse me, 

 7   because this chokes me up.  Five-year-old kids 

 8   think of Disneyland and Universal Studios, but 

 9   forever now we'll associate Orlando with this 

10   terrible, tragic incident of Sunday morning.

11                I was at Stonewall last night, in my 

12   district, the Stonewall Inn.  I think my 

13   colleagues are familiar with it.  It's really the 

14   front porch or the town square for the LGBT 

15   community.  The 6th Precinct, which is in my 

16   district, estimated anywhere between 8,000 and 

17   10,000 New Yorkers came out to grieve with 

18   Governor Cuomo and Mayor de Blasio.  

19                We've celebrated some enormous 

20   successes at Stonewall over the years.  In 2011, 

21   this chamber played a vital role in passing 

22   marriage equality, with Governor Cuomo.  We've 

23   mourned a lot of losses, including the death of 

24   Mark Carson, who was killed in a hate crime.  And 

25   last night, unfortunately, we mourned another 


                                                               3687

 1   loss, but a loss so monumental that I think it 

 2   makes us grasp for words.  

 3                The tragedy of the Sunday morning 

 4   incident in Orlando, let's be clear, though:  The 

 5   biggest mass shooting in American history, and 

 6   the biggest hate crime against LGBT Americans as 

 7   well.  

 8                You know, June marks the LGBT Pride 

 9   Month, because back in 1969, on June 29th, the 

10   modern LGBT rights movement was founded at 

11   Stonewall, where I was last night.  And we should 

12   have all been there celebrating that success last 

13   night, and we all should have been there 

14   celebrating the fact that this chamber just this 

15   session allowed legislation to go forward that 

16   would enable President Obama to make Stonewall a 

17   national landmark.  We should have been 

18   celebrating that last night.

19                Pride, which is the month of June, 

20   also has a more basic purpose.  At its core, 

21   Mr. President, pride is an affirmation for LGBT 

22   people that we have the right to exist and live 

23   and love freely and openly in our society.  It's 

24   times like this, like Sunday morning, when this 

25   fundamental concept is put to the test, that 


                                                               3688

 1   we're reminded that pride in many ways, at its 

 2   core, is a means of survival.

 3                We've heard the harrowing stories.  

 4   We heard about a woman, Brenda Lee McCool, age 

 5   49, the mother of 11 kids, the grandmother of 

 6   six, a two-time cancer survivor.  She was at 

 7   Pulse for Latin Night, dancing with her gay son.  

 8   She saved his life and lost her own.

 9                Amanda Alvear, 25, she went to the 

10   nightclub with her friend Mercedez.  She uploaded 

11   a Snapchat video right before she was cut down by 

12   bullets. 

13                Eddie Justice hid in a bathroom 

14   stall and texted his mother in real time.  He 

15   lost his life.

16                Christopher Leinonen, who was only 

17   32, he won an award in his high school for 

18   founding the Gay-Straight Alliance. 

19                And Enrique Rios, Jr., from 

20   Brooklyn, a constituent of Senator Dilan, lost 

21   his life as well.  And I thank Senator Dilan for 

22   reaching out to his family.

23                The fact that these people -- and 

24   they weren't all young, by the way.  One 

25   gentleman was 50 years old.  That's my age.  But 


                                                               3689

 1   the average age was only 29.  The youngest was 

 2   18.

 3                The fact that it happened during 

 4   Pride is tragic, ironic.  But the fact that they 

 5   were killed in a gay club is particularly 

 6   devastating because, Mr. President, you may not 

 7   know, gay clubs are a place where a lot of young 

 8   people go for safety and security.  They went to 

 9   Pulse for the community, for the revelry, but so 

10   they could feel safe.  Some of them probably 

11   weren't even out of the closet to their parents.  

12   In fact, I imagine more than one individual who 

13   was killed at Pulse came out posthumously to 

14   friends and family and coworkers.

15                You know, 49 people were killed as a 

16   response to the most basic expression of 

17   affection.  Fifty-three injured, and many 

18   struggling for their lives as we speak.

19                But you know, we talk about our 

20   thoughts and prayers, and we've heard the 

21   political debate.  But it's true that the 

22   thoughts and prayers aren't going to cut it this 

23   time around.  We need, of course, to ban assault 

24   weapons in the State of New York.  But we need to 

25   ban them across the nation.  The assault rifle 


                                                               3690

 1   that was bought in Florida could have been easily 

 2   transported to New York and used in a gay club on 

 3   Latin Night in our great state.

 4                And we can't, of course, claim a 

 5   perfect record on LGBT rights either.  In the 

 6   State of New York, if you commit a hate crime 

 7   against a transgender person, you can't be 

 8   charged specifically for that crime.  But you can 

 9   for other groups.  And New York veterans are 

10   still denied benefits because they're LGBT.  

11   There's no law on the books that specifically 

12   protects transgender people from discrimination 

13   in public accommodations, employment and housing.  

14   The list goes on.

15                This backdrop makes it all the more 

16   outrageous that the language of public safety, 

17   Mr. President, has been used this year to justify 

18   discrimination against LGBT people, in the 

19   North Country and elsewhere, rather than as an 

20   effort to support and protect our community.  

21   Marriage was an important victory, but the road 

22   to equality, of course, is far from over.

23                But I want to express my 

24   disappointment, Mr. President.  Whether it was a 

25   colossal oversight or an intentional omission, 


                                                               3691

 1   nowhere do the words LGBT or Latino read in this 

 2   resolution.  And I think that is a mistake, 

 3   because frankly one could suggest that we're 

 4   trying to rewrite an important part of American 

 5   and LGBT history.  I don't think we should 

 6   condone expunging words -- transgender, gay, 

 7   lesbian, bisexual, Latino -- from resolutions as 

 8   important as this.  

 9                And if we don't recognize these 

10   words, Mr. President, we're not recognizing the 

11   people who lost their lives and the loved ones 

12   who are suffering today.  Our community, my 

13   community, has fought too hard for decades to get 

14   people to understand that silence equals death.  

15                And, Mr. President, I'm afraid that 

16   I will not be going on this resolution.  But I do 

17   appreciate the sentiment that the individuals and 

18   their families are suffering, but it's time we 

19   did something about it.

20                Thank you.

21                ACTING PRESIDENT GRIFFO:   Thank 

22   you, Senator Hoylman.

23                Senator Croci to close on the 

24   resolution.  Senator Croci.

25                SENATOR CROCI:   Mr. President, 


                                                               3692

 1   thank you.

 2                You know, we are an unlikely nation.  

 3   We had no business being a nation.  We had the 

 4   audacity to challenge the greatest power on the 

 5   face of the earth and rebel against them.  We 

 6   were bold.  We were brave.  We were audacious.  

 7   And we became a nation because of that boldness, 

 8   because of that audacity, that willingness to 

 9   stand up when no one else would.

10                You know, a Constitution is that one 

11   document, next to Scripture, the greatest 

12   document ever penned by the hand of man.  And it 

13   means that everybody, every American, has rights 

14   that can never be taken away.  And it's not 

15   because they're written in the document, it is 

16   because of the belief that the Almighty endowed 

17   us with those rights.  And it is our job as a 

18   society to ensure that man can never take them 

19   away.

20                What happened in Orlando, to those 

21   of us who are familiar with this brand of 

22   terror -- specifically, the Taliban and what they 

23   did in Afghanistan -- it is no surprise, when 

24   I've witnessed female schools, all-girl schools 

25   that were blown up because the Taliban didn't 


                                                               3693

 1   think that women should be educated.  Or young 

 2   men who had to watch their mother in a burka be 

 3   shot in the head in the middle of a soccer 

 4   stadium.  They don't care who you are, what you 

 5   believe, what your faith is.  If you do not 

 6   subscribe to their brand of thought, you are the 

 7   enemy and they come after you.

 8                Mr. President, I'm the Senator for 

 9   the Third Senate District, which includes the 

10   Fire Island National Seashore and two historic 

11   beaches that are, I believe, landmarks in the gay 

12   community -- the Pines and Cherry Grove, places 

13   where Truman Capote, Andy Warhol and others -- 

14   since Prohibition, that community has celebrated 

15   those areas.

16                Whether it's New York City or 

17   Orlando, Florida, or San Bernardino or Paris or 

18   Brussels or Lower Manhattan, whether it's Spain, 

19   Madrid -- wherever it is, it is a brand of terror 

20   that unless you subscribe to exactly, precisely 

21   what they want you to believe, you are their 

22   enemy.

23                I think that I have to agree with 

24   our Minority Leader.  She said that the way we 

25   combat this is to be together.  And I don't 


                                                               3694

 1   believe that there is an enemy that this country 

 2   cannot face, a challenge that we cannot meet if 

 3   we are together.  It's the brand of togetherness, 

 4   it's the brand of strength and boldness that we 

 5   saw after September 11th in this state when we 

 6   were united against a common enemy.  And the 

 7   common enemy isn't each other, it's out there.

 8                If you ask our brothers and sisters 

 9   in Israel what it was like to live through the 

10   Intifada, where getting on a bus could be the 

11   last time you ever got on a bus, we are slowly, 

12   as a society, a free and open society, getting a 

13   taste of the brand of terror that the Taliban 

14   brought to Afghanistan, a population that was 

15   disarmed so that they could not possibly defend 

16   themselves.  And those young men could not 

17   possibly defend their mother in that soccer 

18   stadium.  And no one could possibly defend that 

19   girls' school because they had been disarmed.

20                I think that there is a way to 

21   defeat this enemy if we are united.  I think that 

22   this body should be very proud of the work that 

23   they have done this year.  But I also think that 

24   this body is a representation of the best of 

25   New York.  It really is.  Every one of us in this 


                                                               3695

 1   room woke up with a sick feeling in our stomach 

 2   when we saw what happened in Orlando, Florida, 

 3   and it's our job to make sure that that doesn't 

 4   happen here, that we support good policies to 

 5   make sure that we take care of our people.  We 

 6   have no greater responsibility than the safety 

 7   and security of the residents of New York.

 8                Mr. President, I would ask, in 

 9   solidarity with our brothers and sisters, our 

10   fellow Americans who were killed in Orlando, that 

11   the chamber be asked to stand in a moment of 

12   silence in their memories.

13                ACTING PRESIDENT GRIFFO:   We will 

14   call first for the question.  All in favor of the 

15   resolution signify by saying aye.

16                (Response of "Aye.")

17                ACTING PRESIDENT GRIFFO:   Opposed?  

18                (No response.)

19                ACTING PRESIDENT GRIFFO:   The 

20   resolution is adopted.

21                All are listed as cosponsor unless 

22   otherwise directed or indicated at the desk.

23                We will now all rise at the request 

24   of Senator Croci as we pay tribute and respect to 

25   those who lost their lives in Orlando.


                                                               3696

 1                (Whereupon, the assemblage respected 

 2   a moment of silence.)

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   DeFrancisco.

 5                SENATOR DeFRANCISCO:   Can we now 

 6   take up previously adopted Resolution Number 

 7   5987, by Senator Marchione, and read the title 

 8   only and then call on the Senator.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Secretary will read.

11                THE SECRETARY:   Legislative 

12   Resolution Number 5987, by Senator Marchione, 

13   commemorating the 50th anniversary of Saratoga 

14   Performing Arts Center on July 8, 2016.

15                ACTING PRESIDENT GRIFFO:   May I 

16   have some order in the house, please.

17                Senator Marchione.

18                SENATOR MARCHIONE:   Thank you, 

19   Mr. President.  

20                I rise for the purpose of speaking 

21   on the legislative resolution that recognizes, 

22   celebrates and honors SPAC on its 50th 

23   anniversary taking place this coming July 8, 

24   2016.

25                SPAC truly is a beloved treasure, 


                                                               3697

 1   not only for Saratoga but for our Capital Region 

 2   and our entire state.  SPAC hosts the very finest 

 3   in dance, music, and world-class entertainment -- 

 4   world-class entertainment such as the 

 5   Philadelphia Orchestra and the New York City 

 6   Ballet, whose association with SPAC is the 

 7   longest-running summer residency for a ballet 

 8   company in our nation.

 9                Each season more than 400,000 people 

10   pass through SPAC's gates, and each season SPAC 

11   continues to lead the way in promoting, 

12   supporting, and strengthening the arts and 

13   culture in Saratoga County, the Capital Region, 

14   and in New York State.

15                This summer, SPAC's 50th anniversary 

16   will feature many new and wonderful events, 

17   including the world premier by the Twyla Tharp 

18   Dance Company, a two-day engagement by the 

19   award-winning Alvin Ailey Dance Theatre, a New 

20   York City Ballet World premiere by Justin Peck, 

21   and a Philadelphia Orchestra world premier of 

22   composer Michael Torke's "Unconquered."

23                With us in the Senate today as my 

24   very special guest -- and I would like to ask her 

25   to stand at this point -- I'm honored to 


                                                               3698

 1   recognize Marcia White, SPAC's president and 

 2   executive director.

 3                Marcia White's leadership has had a 

 4   tremendous positive impact on SPAC.  Many of you 

 5   know Marcia from her years of dedicated service 

 6   to former Majority Leader and my friend, of 

 7   course, Joe Bruno.  But you know, Marcia White 

 8   went on to being the president and executive 

 9   director in SPAC's history when it was a very 

10   difficult time, in 2005.  And through her 

11   tremendous leadership, her ability to know how to 

12   get it done, SPAC has thrived over the past 

13   years.  And we thank Marcia for all that she has 

14   done.

15                She's going to be going on to other 

16   challenges at the end of this year, and we know 

17   that anywhere that Marcia lands is going to be 

18   fortunate to have her in their organization.  

19                We applaud you, Marcia, for your 

20   service and your visionary leadership of SPAC, 

21   and we join together in congratulating SPAC on 

22   its 50th anniversary.

23                Thank you, Mr. President.

24                ACTING PRESIDENT GRIFFO:   Thank 

25   you, Senator Marchione.


                                                               3699

 1                The resolution was previously 

 2   adopted on June 6th of this year.  It is open for 

 3   cosponsorship.  Should you choose not to be a 

 4   cosponsor, please notify the desk.  Any member 

 5   wishing not to be a cosponsor please notify the 

 6   desk.

 7                 Marcia, congratulations on the 50th 

 8   celebration, to Marcia White and her staff who 

 9   are here today.

10                (Applause.)

11                ACTING PRESIDENT GRIFFO:   Senator 

12   DeFrancisco.

13                SENATOR DeFRANCISCO:   Can we now 

14   take up previously adopted Resolution 5027, by 

15   Senator Peralta, read the title only, and call on 

16   the Senator to speak.

17                ACTING PRESIDENT GRIFFO:   The 

18   Secretary will read.

19                THE SECRETARY:   Legislative 

20   Resolution Number 5027, by Senator Peralta, 

21   expressing sincere heartfelt condolences to the 

22   people of Ecuador in the wake of the devastating 

23   earthquake which struck the country on April 16, 

24   2016.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               3700

 1   Peralta.

 2                SENATOR PERALTA:   Thank you, 

 3   Mr. President.

 4                I want to personally welcome with us 

 5   today Linda Machuca, Consul General of Ecuador in 

 6   New York, to our state's Capitol.  I also want to 

 7   welcome, Eduardo Sanchez, First Secretary of the 

 8   Consul General of Ecuador in New York City, and 

 9   my brother from the other side, Assemblyman 

10   Francisco Moya, who's here with us today.  

11                Bienvenidos al Capitolio.  

12   Bienvenidos al Albany.  

13                First, in my name and the name of my 

14   colleagues, I want to express my heartfelt 

15   condolences to the people of Ecuador in the wake 

16   of this massive, powerful, and devastating 

17   earthquake which shook the country on April 16th.  

18   This was the deadliest quake to strike Ecuador in 

19   decades.  It killed at least 650 people.  It 

20   injured more than 16,000.  And more than 25,000 

21   were left without a home.  It leveled some 

22   tourist-destination coastline cities like 

23   Portoviejo and Pedernales.  And more than 25,000 

24   schoolchildren were affected, as almost 300 

25   schools were destroyed or damaged.  


                                                               3701

 1                This was a terrible tragedy.  To 

 2   make matters worse, the Zika virus is an added 

 3   problem as the rubble has become a virus 

 4   transmitter because of the heavy rains.  

 5                Ecuadorian authorities estimate the 

 6   earthquake caused at least $3 billion in damages.  

 7                Ecuador is rebuilding, digging 

 8   through the rubble.  This past weekend, rescuers 

 9   pulled from the rubble a 72-year-old survivor of 

10   the disaster.  

11                I'm sure that Ecuador and its people 

12   will come out of this natural disaster stronger 

13   than ever.  But in the meantime, the 

14   international community needs to help.  And they 

15   are helping.  

16                More than 46,000 Ecuadorians and 

17   Ecuadorian-Americans live in my district.  I 

18   share that honor with Assemblyman Francisco Moya.  

19   A few weeks ago, I, along with other elected 

20   officials, helped organize a benefit concert to 

21   provide aid to Ecuador and its people.  We helped 

22   raise funds towards the cause.  It wasn't much, 

23   but this was our way of directly helping 

24   Ecuador and the victims of this terrible tragedy.  

25   All the proceeds went to the Hispanic Federation, 


                                                               3702

 1   an organization that deposited the money into 

 2   UNICEF.  

 3                New Yorkers need to continue to 

 4   help.  Americans need to continue to help.  

 5   Nations worldwide need to continue to help.

 6                We stand with Ecuador.  We stand 

 7   with Ecuadorians.  This first resolution that I 

 8   am presenting in the name of this legislative 

 9   body expresses our condolences to the people of 

10   Ecuador, honors the memory of those who lost 

11   their lives, remembers the survivors, and praises 

12   all of those who came to their assistance.

13                The second resolution I'm presenting 

14   today, in my name and in the name of my 

15   colleagues, is to extend our best wishes to our 

16   Ecuadorian and Ecuadorian-American friends in 

17   communities as you will celebrating, this summer, 

18   Ecuador's independence.  It will be August 10th, 

19   marking the 207th Independence Day of Ecuador, a 

20   fight for freedom that began with the so-called 

21   "El Primer Grito de Independencia" (in Spanish) 

22   in 1809.  This was the first postcolonial 

23   government.  It's a celebration to commemorate 

24   the struggle of people driven by patriotic 

25   sentiments.  


                                                               3703

 1                And like it happened here in the 

 2   United States, in Ecuador it was also the bravery 

 3   of a small band of patriots who declared 

 4   independence, in this case from Spain, in (in 

 5   Spanish) the Battle of Pichincha.  It was there, 

 6   on the slopes of the Pichincha volcano that the 

 7   people of Quito claimed independence.  It was in 

 8   1824 when Ecuador gained full independence from 

 9   Spain.  Their hunger for liberty and the need to 

10   liberate themselves from oppression empowered 

11   them to defeat the Spanish army as they were 

12   seeking freedom and liberty.  

13                Today the independence of Ecuador is 

14   celebrated in many parts of Ecuador, especially 

15   in its capital, Quito.  But festivities are not 

16   limited to Ecuador, as we also celebrate their 

17   heroic efforts here in our great nation and in 

18   our great Empire State.  

19                And in Queens, and in my district, 

20   we also celebrate Ecuadorian Independence Day 

21   with a wonderful and colorful parade along 

22   Northern Boulevard.  Thousands participate and 

23   enjoy Ecuadorian culture, folk music, and food.  

24                And Ecuadorians in our nation have 

25   contributed to every aspect of life, from 


                                                               3704

 1   politics and the arts to the economy and culture.  

 2   Thousands of Ecuadorians and Ecuadorian-Americans 

 3   make neighborhoods like Jackson Heights and 

 4   Corona their home.  They contribute to make 

 5   Queens the most diverse borough in the nation, 

 6   especially the United Nations of all Senate 

 7   districts.  

 8                By way of this resolution, we extend 

 9   our best wishes to our Ecuadorian-American 

10   friends in communities across the state in 

11   advance of the important celebration and 

12   enjoyment of Independence Day.  And although a 

13   terrible tragedy occurred, now we will stand 

14   together in celebration of Ecuador's 

15   independence.

16                Please help me welcome the Consul 

17   General of Ecuador, Ms. Linda Machuca.

18                (Standing ovation.)

19                ACTING PRESIDENT GRIFFO:   The 

20   resolution was previously adopted on May 4th of 

21   this year.  

22                It is open for cosponsorship.  

23   Should you choose not to be a cosponsor, please 

24   notify the desk.

25                Again, we want to acknowledge and 


                                                               3705

 1   extend the courtesies of the house to Madam 

 2   Consul General, to the staff that is here, and to 

 3   our colleague in the Assembly.

 4                Senator DeFrancisco.

 5                SENATOR DeFRANCISCO:   Could we now 

 6   take up previously adopted Resolution 6086, by 

 7   Senator Kennedy, read the title only, and then 

 8   call on Senator Kennedy, please.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Secretary will read.

11                THE SECRETARY:   Legislative 

12   Resolution Number 6086, by Senator Kennedy, 

13   honoring Anthony C. Conte upon the occasion of 

14   his retirement after 15 years of distinguished 

15   service as President of Shea's Performing Arts 

16   Center.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Kennedy.

19                SENATOR KENNEDY:   Thank you, 

20   Mr. President.  

21                I rise today to honor Tony Conte on 

22   the occasion of his retirement from Shea's 

23   Performing Arts Center after 15 years as 

24   president.

25                Today we're joined on the floor of 


                                                               3706

 1   the Senate by Tony, his wife Linda, his daughter 

 2   Jeanne, and his son Michael.  Their son Carl was 

 3   unable to join us today, but he's in here in 

 4   spirit.

 5                Tony's been involved with Shea's as 

 6   a volunteer going back to the 1970s.  And in 

 7   2000, he was asked to take over as its president.  

 8   And he took this challenge head on, using his 

 9   experience as a former M&T Bank executive to 

10   organize and complete the renovations of the 

11   theater, which was built in 1926, 90 years ago.

12                By 2014, the renovations of the 

13   theater that had fallen into disrepair were 

14   completed, restoring the theater into the jewel 

15   of Buffalo, the central point of the burgeoning 

16   theater district.

17                And I'll tell you that renovations 

18   did wonders for Shea's and for Buffalo.  Touring 

19   Broadway shows began booking more performances in 

20   Buffalo, and the public responded.  The public 

21   came out in droves to support the visiting 

22   productions, spending money at surrounding 

23   businesses throughout the theater district, the 

24   City of Buffalo and Western New York.  

25                The numbers speak for themselves.  


                                                               3707

 1   Shea's Performing Arts Center has seen a 

 2   310 percent increase in the number of season 

 3   tickets sold since Tony took over as president.  

 4   That's over 13,000 season tickets for each 

 5   touring production that comes to Buffalo.  

 6   Eighty-five percent of season ticket holders 

 7   renew, and 55 percent of all tickets are bought 

 8   prior to opening shows to general sale.  That's 

 9   an impressive feat.  And in an age of television 

10   and Internet entertainment, Shea's Theatre turns 

11   a profit.  

12                But Tony has done that with simply 

13   turning around the finances and facilities at 

14   Shea's and has also worked to build up these 

15   smaller, more intimate theater spaces, supporting 

16   less popular but just as important productions.  

17   He spearheaded the creation of Shea's 710 Main 

18   Theatre, which boasts 625 seats and features 

19   dramatic plays, including some from Buffalo-area 

20   playwrights.

21                In addition, the 230-seat Shea's 

22   Smith Theater features off-Broadway musicals and 

23   comedies, oftentimes partnering with other area 

24   theaters and collaborating on productions.  

25   There's a venue space for every single type of 


                                                               3708

 1   production at Shea's.

 2                If turning Buffalo into a theater 

 3   destination wasn't enough, Tony has also given 

 4   back through charitable endeavors.  He served as 

 5   president of the Theater District Association and 

 6   as a member of both the Road, Labor and 

 7   Legislative Committees of the Broadway League and 

 8   on the Advisory Council of the Wehle School of 

 9   Business at Canisius College.

10                Western New York has demonstrated 

11   its strong appreciation of Tony Conte through 

12   countless awards, including being named Buffalo 

13   Business First's Most Influential Business Leader 

14   for three years straight; being presented with 

15   the Visit Buffalo Niagara's Tim Russert Award; 

16   named the Buffalo News 2012 Outstanding Citizen, 

17   and being inducted into the Buffalo Ambassador's 

18   Hall of Fame.

19                Tony, I know I speak for my fellow 

20   Buffalonians and New Yorkers when I say thank you 

21   to you for everything that you've done for our 

22   great community and our great state, turning 

23   Shea's into the powerhouse that it is today in 

24   the Buffalo theater district.  You have played an 

25   enormous part in Buffalo's resurgence, and we're 


                                                               3709

 1   indebted to you.  

 2                And while I know you'll be staying 

 3   on as a consultant, I'm sad to see you retire, 

 4   though I know our loss is your family's gain.  I 

 5   wish you the very best in spending time with your 

 6   wife, your children and your grandchildren.  It's 

 7   very well deserved.

 8                And, Mr. President, as if today's 

 9   occasion couldn't be any sweeter for Tony Conte, 

10   he and his wife Linda celebrate their 47th 

11   wedding anniversary as well today.  

12   Congratulations, Tony, Linda, your family, and 

13   Godspeed.

14                Thank you very much.

15                (Standing ovation.)

16                ACTING PRESIDENT GRIFFO:   As noted, 

17   the resolution was previously adopted on June 7th 

18   of this year.  

19                We again want to express our thanks 

20   and appreciation to Tony for the hard work and 

21   all of his leadership at Shea's Performing Arts 

22   Center, and also want to extend our 

23   congratulations to Tony and Linda as they 

24   celebrate their 47th wedding anniversary.  And 

25   I'm sure Senator Kennedy will be taking you out 


                                                               3710

 1   to dinner tonight.  

 2                (Laughter.)

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   DeFrancisco.

 5                SENATOR DeFRANCISCO:   Thank you.  

 6   Could you open the resolution up for 

 7   cosponsorship.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   resolution is open for cosponsorship.  Should you 

10   choose not to be a cosponsor, please notify the 

11   desk.

12                SENATOR DeFRANCISCO:   Could you now 

13   recognize Senator Rivera for a brief introduction 

14   of some very important people.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Rivera.

17                SENATOR RIVERA:   Thank you, 

18   Mr. President.

19                I noticed, Senator DeFrancisco, that 

20   the word "brief," you kind of hung on that word 

21   for a little bit.

22                Mr. President, thank you so much.

23                Today is not the first time that 

24   these gentlemen have been up in Albany, or some 

25   of them have been up in Albany, but I think it is 


                                                               3711

 1   important always to point them out when they are 

 2   here.

 3                As we go through the end of the 

 4   session and we talk about the challenges that are 

 5   faced by the public education system in the State 

 6   of New York, a lot of times we underline those 

 7   challenges, we underline the things that are 

 8   sometimes going wrong.  But I think it is 

 9   important to notice, to underline, and to really 

10   shine a light on the things that are going well.  

11                And one of those things is the Eagle 

12   Academy.  The Eagle Academy was founded back in 

13   2004 as part of a vision from 100 Black Men and a 

14   guy named Banks, who said we need to focus, we 

15   need to have a school that's specifically for 

16   young men of color that are at a very -- they are 

17   graduating at a very low rate and that are having 

18   all sorts of challenges in their education 

19   system.  They wanted to prove that a public 

20   school could provide not only high-quality 

21   education but could provide higher graduation 

22   rates and could really train young men of color, 

23   in the neighborhoods that certainly I represent, 

24   for success.

25                Since then, since 2004, they have 


                                                               3712

 1   opened up schools in Brooklyn, Queens, Staten 

 2   Island, and even in Newark, New Jersey.  But the 

 3   original Eagle Academy is in the Bronx and is in 

 4   my district.

 5                We are joined by three men -- and 

 6   I'd ask them all to stand up, if they could -- 

 7   Mr. Kobe Evans, Antone Gary, and Hector Bonilla.  

 8   And these three men represent the scholars of 

 9   Eagle Academy.  They're certainly going to 

10   graduate, they're going to go to college, and 

11   some of them might be sitting in this room 

12   or in the room across the hall soon enough.

13                And I'm incredibly proud to have 

14   them here.  Because as they come up, they learn a 

15   little bit about what we do up here.  They learn 

16   about civic participation, civic engagement, they 

17   learn about government, and they put their effort 

18   into not only graduating but knowing that once 

19   they graduate, it is going to be part of their 

20   responsibility and their obligation to make sure 

21   that their neighbors, their family members and 

22   their community members know that they can 

23   succeed as well.

24                So I am incredibly proud to have 

25   them here today.  And Mr. President, if you 


                                                               3713

 1   would, I would ask everybody to just recognize 

 2   them and celebrate not only Eagle Academy but 

 3   these three fine young men as we are here today.

 4                ACTING PRESIDENT GRIFFO:   Thank 

 5   you, Senator Rivera.  

 6                We extend the courtesies and the 

 7   privileges of the house to these three fine 

 8   students, these young men from Eagle Academy.  

 9   Thanks for being here, and we wish you the best 

10   of luck.

11                (Applause.)

12                ACTING PRESIDENT GRIFFO:   Senator 

13   DeFrancisco.

14                SENATOR DeFRANCISCO:   Yes, can we 

15   now -- excuse me.  Would you please recognize 

16   Senator Montgomery.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Montgomery.

19                SENATOR MONTGOMERY:   Yes, thank 

20   you, Mr. President.

21                I just wanted to thank my colleague 

22   for this acknowledgment of the wonderful school 

23   in the Bronx.  We also have an Eagle Academy in 

24   Brooklyn.  However, one of the Eagle Academy in 

25   the Bronx scholars is now an intern in my office, 


                                                               3714

 1   and I'm very proud of him.  

 2                So while we honor these young men, 

 3   the Eagle Academy is responsible for sending 

 4   young men out into the world to be great  people.  

 5   And I appreciate your school.  I appreciate my 

 6   own -- the young man who is in my own office, 

 7   Fabian Smith.  And please let the administrators 

 8   know that we thank you very much for what you 

 9   represent:  a great future for our state, our 

10   city, and our nation.

11                Thank you, Mr. President.

12                ACTING PRESIDENT GRIFFO:   Thank 

13   you, Senator Montgomery.

14                Senator Hamilton briefly.

15                SENATOR HAMILTON:   Yes, 

16   Mr. President, I rise to congratulate the young 

17   men of Eagle Academy.  I want to thank Senator 

18   Rivera for bringing them here.

19                I just want to say that David Banks, 

20   who created Eagle Academy, he was the president 

21   at St. John's law school for the black law 

22   students, and I was the president at Seton Hall 

23   Law School for law students.  And at that time we 

24   were both advocating for educating our young men 

25   of color.  In Brownsville, only 13 percent of 


                                                               3715

 1   young men are reading at grade level, which to me 

 2   is a criminal act.  

 3                But I want you young men to know 

 4   that you are our future, we believe in you.  You 

 5   will do well.  I grew up in NYCHA, and here I sit 

 6   before you today.  So you have a bright future 

 7   ahead of you.  

 8                And I just want to thank David Banks 

 9   for forgoing his law career for giving back to 

10   the community and making sure you young men are 

11   our future.  God bless you.  Keep up the good 

12   work.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   DeFrancisco.

15                SENATOR DeFRANCISCO:   Can we return 

16   to motions and resolutions, if we ever left it.  

17                ACTING PRESIDENT GRIFFO:   We will 

18   return to motions and resolutions.  

19                SENATOR DeFRANCISCO:   I wish to 

20   call up Senator Amedore's bill, Print Number 

21   6515, recalled from the Assembly, which is now at 

22   the desk.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               3716

 1   212, by Senator Amedore, Senate Print 6515, an 

 2   act to amend the Highway Law.

 3                SENATOR DeFRANCISCO:   I move to 

 4   reconsider the vote by which this bill was 

 5   passed.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll on reconsideration.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 61.

10                SENATOR DeFRANCISCO:   I now offer 

11   the following amendments.

12                ACTING PRESIDENT GRIFFO:   The 

13   amendments are received.

14                SENATOR DeFRANCISCO:   All right, 

15   Mr. President, can we now return to the 

16   noncontroversial reading of the calendar.

17                ACTING PRESIDENT GRIFFO:   The 

18   Secretary will begin the noncontroversial reading 

19   of today's active-list calendar, June 14th, with 

20   Calendar Number 19.

21                THE SECRETARY:   Calendar Number 19, 

22   by Senator Lanza, Senate Print 6388A, an act to 

23   amend the General City Law.

24                ACTING PRESIDENT GRIFFO:   There is 

25   a home-rule message present at the desk.


                                                               3717

 1                The Secretary will read the last 

 2   section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the same date and in the 

 5   same manner as a chapter of the Laws of 2015.

 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                THE SECRETARY:   Calendar Number 54, 

13   by Senator Klein, Senate Print 6040B, an act to 

14   establish.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 11.  This 

18   act shall take effect on the 180th day.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 67, 


                                                               3718

 1   by Senator Boyle, Senate Print 3357A, an act to 

 2   amend the Retirement and Social Security 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, 61.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 82, 

14   by Senator Murphy, Senate Print 5983, an act to 

15   amend the Public Health Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the first of January.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3719

 1                THE SECRETARY:   Calendar Number 

 2   105, substituted earlier by Member of the 

 3   Assembly Pretlow, Assembly Print 9125, an act to 

 4   amend Chapter 473 of the Laws of 2010.

 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, 60.  Nays, 1.  

13   Senator Espaillat recorded in the negative.  

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   220, by Senator Avella, Senate Print 1148A, an 

18   act to establish.

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.)


                                                               3720

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   266, by Senator Ranzenhofer, Senate Print 6460, 

 6   an act to amend the Real Property Tax Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 61.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   322, by Senator Golden, Senate Print 5745C, an 

19   act to amend the Workers' Compensation Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 5.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3721

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   524, by Senator Martins, Senate Print 1245, an 

 7   act to amend the Village 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, 61.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   533, by Senator Ritchie, Senate Print 7018A, an 

20   act authorizing.

21                ACTING PRESIDENT GRIFFO:   There is 

22   a home-rule message at the desk.

23                The Secretary will read the last 

24   section.

25                THE SECRETARY:   Section 5.  This 


                                                               3722

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 61.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   574, by Senator Carlucci, Senate Print 1227B, an 

10   act to amend the Alcoholic Beverage Control Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 8.  This 

14   act shall take effect on the 180th day.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 61.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   608, by Senator Valesky, Senate Print 6809B, an 

23   act to amend the General Business Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3723

 1                THE SECRETARY:   Section 5.  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, 61.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   648, by Senator Ortt, Senate Print 3123A, an act 

11   to amend the Vehicle and Traffic Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT GRIFFO:   Announce 

20   the results.  

21                THE SECRETARY:   In relation to 

22   Calendar 648, those recorded in the negative are 

23   Senators Avella, Breslin, Carlucci, Espaillat, 

24   Gianaris, Hamilton, Hassell-Thompson, Hoylman, 

25   Krueger, Montgomery, Peralta, Perkins, Rivera, 


                                                               3724

 1   Savino, Serrano, Squadron, Stavisky and 

 2   Stewart-Cousins.  Also Senator Kennedy.

 3                Ayes, 42.  Nays, 19.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   671, substituted earlier by Member of the 

 8   Assembly Gottfried, Assembly Print 446, an act to 

 9   amend the Public Health 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                ACTING PRESIDENT GRIFFO:   Announce 

18   the results.

19                Senator Montgomery, do you wish to 

20   explain your vote?  

21                SENATOR MONTGOMERY:   Yes, please.  

22   Thank you, Mr. President, I will explain my vote.

23                I want to compliment Senator Hannon.  

24   This certainly is a bill that puts our state, I 

25   believe, into the current mainstream of 


                                                               3725

 1   healthcare.  The bill would allow for midwives to 

 2   actually run birthing centers.  That is a very 

 3   good thing, it's very desirable for our state.  

 4                And again, I compliment Senator 

 5   Hannon and look forward to this bill becoming law 

 6   in the State of New York.  Thank you.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Montgomery to be recorded in the affirmative.

 9                Please announce the results.

10                THE SECRETARY:   In relation to 

11   Calendar 671, those recorded in the negative are 

12   Senators Akshar, DeFrancisco, Little and 

13   Stavisky.

14                Ayes, 57.  Nays, 4.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   674, substituted earlier by Member of the 

19   Assembly Paulin, Assembly Print 8650B, an act to 

20   amend the Public Health Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect after one year.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3726

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   740, substituted earlier by Member of the 

 8   Assembly Santabarbara, Assembly Print 9034, an 

 9   act to authorize.

10                ACTING PRESIDENT GRIFFO:   There is 

11   a home-rule message present at the desk.

12                The Secretary will read the last 

13   section.

14                THE SECRETARY:   Section 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, 61.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   741, substituted earlier by Member of the 

24   Assembly Santabarbara, Assembly Print 9040, an 

25   act to authorize.


                                                               3727

 1                ACTING PRESIDENT GRIFFO:   There is 

 2   a home-rule message present at the desk.

 3                The Secretary will read the last 

 4   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, 61.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   742, substituted earlier by Member of the 

15   Assembly Santabarbara, Assembly Print 9035, an 

16   act to authorize.

17                ACTING PRESIDENT GRIFFO:   There is 

18   a home-rule message present at the desk.

19                The Secretary will read the last 

20   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.)


                                                               3728

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   771, by Senator Marchione, Senate Print 4236, an 

 6   act to amend the Vehicle and Traffic Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the 90th day.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

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

15   Senators Avella and Perkins recorded in the 

16   negative.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   783, by Senator Hannon, Senate Print 5903A, an 

21   act to amend the Public Health Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3729

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                THE SECRETARY:   Ayes, 60.  Nays, 1.  

 4   Senator Perkins recorded in the negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   799, substituted earlier by Member of the 

 9   Assembly Rosenthal, Assembly Print 680, an act to 

10   amend the Education Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the 90th day.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 60.  Nays, 1.  

19   Senator Seward recorded in the negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   828, by Senator Murphy, Senate Print 7255, an act 

24   to amend the General Municipal Law.

25                ACTING PRESIDENT GRIFFO:   There is 


                                                               3730

 1   a home-rule message at the desk.

 2                The Secretary will read the last 

 3   section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 60.  Nays, 1.  

10   Senator Krueger recorded in the negative.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   838, by Senator DeFrancisco, Senate Print 7500A, 

15   an act in relation to authorizing.

16                ACTING PRESIDENT GRIFFO:   There is 

17   a home-rule message present at the desk.

18                The Secretary will read the last 

19   section.

20                THE SECRETARY:   Section 5.  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, 61.


                                                               3731

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   839, by Senator Seward, Senate Print 2346A, an 

 5   act to amend the Tax Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 4.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 61.  

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   886, by Senator Murphy, Senate Print 6448A, an 

18   act to amend the State Administrative Procedure 

19   Act.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 7.  This 

23   act shall take effect on the first of January.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3732

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   913, by Senator Lanza, Senate Print 4505, an act 

 7   to prohibit.

 8                SENATOR GIANARIS:   Lay it aside.

 9                ACTING PRESIDENT GRIFFO:   Lay the 

10   bill aside.

11                THE SECRETARY:   Calendar Number 

12   929, substituted earlier by Member of the 

13   Assembly Glick, Assembly Print 9689A, an act to 

14   amend Chapter 405 of the Laws of 2011.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3733

 1   930, substituted earlier by Member of the 

 2   Assembly Gunther, Assembly Print 9371, an act to 

 3   amend the Education Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect on the 120th day.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 61.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   931, by Senator Valesky, Senate Print 7348A, an 

16   act to amend the Education Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the first of July.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 61.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3734

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   934, by Senator Robach, Senate Print 1959A, an 

 4   act to amend the Correction Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the 120th day.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT GRIFFO:   Some 

13   order in the house, please {gaveling}.

14                Announce the results.  

15                THE SECRETARY:   In relation to 

16   Calendar 934, those recorded in the negative are 

17   Senators Comrie, Hassell-Thompson, Montgomery and 

18   Perkins.

19                Ayes, 57.  Nays, 4.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   941, substituted earlier by Member of the 

24   Assembly Joyner, Assembly Print 7500A, an act to 

25   amend the Correction Law.


                                                               3735

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 4.  This 

 4   act shall take effect on the 120th day.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 941, those recorded in the 

10   negative are Senators Akshar, Croci, Griffo, 

11   Marchione and O'Mara.

12                Ayes, 56.  Nays, 5.  

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   962, substituted earlier by Member of the 

17   Assembly Englebright, Assembly Print 1683A, 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.)


                                                               3736

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   972, by Senator Seward, Senate Print 2357, an act 

 6   to amend the Insurance Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT GRIFFO:   Announce 

15   the results.

16                THE SECRETARY:   In relation to 

17   Calendar 972, those recorded in the negative are 

18   Senators Addabbo, Avella, Carlucci, Comrie, 

19   Dilan, Espaillat, Gianaris, Hamilton, 

20   Hassell-Thompson, Hoylman, Kaminsky, Kennedy, 

21   Krueger, Latimer, Montgomery, Panepinto, Peralta, 

22   Perkins, Persaud, Rivera, Sanders, Savino, 

23   Serrano, Squadron, Stavisky and Stewart-Cousins.

24                Ayes, 35.  Nays, 26.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3737

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   999, by Senator Murphy, Senate Print 5774A, an 

 4   act to require.

 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, 61.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1017, by Senator Seward, Senate Print 7867A, an 

17   act to amend the Insurance Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

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


                                                               3738

 1   Senators Perkins and Sanders recorded in the 

 2   negative.  

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1047, by Senator Murphy, Senate Print 4980A, an 

 7   act to authorize.

 8                ACTING PRESIDENT GRIFFO:   There is 

 9   a home-rule message present at the desk.

10                The Secretary will read the last 

11   section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 61.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1049, by Senator Boyle, Senate Print 7377A, an 

22   act to authorize.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 4.  This 


                                                               3739

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 61.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1062, by Senator Akshar, Senate Print 6664A, an 

10   act to amend Chapter 412 of the Laws of 1990.

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, 61.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1078, by Senator Savino, Senate Print 5660A, an 

23   act to amend the Navigation Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3740

 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, 61.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1081, by Senator Serrano, Senate Print 6271A, an 

11   act to amend the Arts and Cultural Affairs Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 4.  This 

15   act shall take effect on the 120th day.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   In relation to 

23   Calendar 1084, on page 32 Senator Nozzolio moves 

24   to discharge, from the Committee on Rules, 

25   Assembly Bill Number 10519 and substitute it for 


                                                               3741

 1   the identical Senate Bill 6966B, Third Reading 

 2   Calendar 1084.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   substitution is so ordered.

 5                The Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   1084, by Member of the Assembly Morelle, Assembly 

 8   Print 10519, an act to amend the Parks, 

 9   Recreation, and Historic Preservation 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, 61.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1088, substituted earlier by Member of the 

22   Assembly Magee, Assembly Print 10085, an act to 

23   amend Chapter 267 of the Laws of 1988.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3742

 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, 61.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1105, substituted earlier by Member of the 

11   Assembly Lupardo, Assembly Print 7307, an act to 

12   amend the General Business 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, 61.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1106, substituted earlier by Member of the 

25   Assembly Abbate, Assembly Print 6561A, an act to 


                                                               3743

 1   amend the Vehicle and Traffic Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 4.  This 

 5   act shall take effect on the 180th day.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 61.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1109, by Senator Serino, Senate Print 6705A, an 

14   act to amend the Vehicle and Traffic Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3744

 1   1142, substituted earlier by Member of the 

 2   Assembly Paulin, Assembly Print 7181, an act to 

 3   amend the Public Health Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 120th day.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 61.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1148, substituted earlier by Member of the 

16   Assembly Jaffee, Assembly Print 5510B, an act to 

17   amend the Public Health 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, 61.


                                                               3745

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1150, by Senator Hannon, Senate Print 7801, an 

 5   act to amend the Public Health Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 61.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1156, by Senator Serrano, Senate Print 1165, an 

18   act to direct.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect on the 120th day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3746

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1169, by Senator Ranzenhofer, Senate Print 3386, 

 6   an act to amend the Public Authorities Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  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 Murphy and Serino recorded in the 

16   negative.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1180, by Senator Murphy, Senate Print 7004A, an 

21   act to amend the Executive Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect on the 30th day.


                                                               3747

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 61.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1195, substituted earlier by Member of the 

 9   Assembly Jaffee, Assembly Print 9755, an act to 

10   amend the Labor 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, 61.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1201, by Senator Martins, Senate Print 290, an 

23   act to amend the Real Property Tax Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3748

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the 120th day.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 61.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1216, by Senator Golden, Senate Print 2153, an 

11   act to amend the Domestic Relations Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1222, by Senator Griffo --

24                SENATOR DeFRANCISCO:   Lay it aside 

25   for the day, please. 


                                                               3749

 1                ACTING PRESIDENT GRIFFO:   Lay the 

 2   bill aside for the day.

 3                Calendar Number 1247.

 4                THE SECRETARY:   Calendar Number 

 5   1247, by Senator Martins, Senate Print 5129, an 

 6   act to amend the General Municipal Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 61.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1257, by Senator Serrano, Senate Print 5859B, an 

19   act to authorize.

20                ACTING PRESIDENT GRIFFO:   There is 

21   a home-rule message at the desk.

22                The Secretary will read the last 

23   section.

24                THE SECRETARY:   Section 7.  This 

25   act shall take effect immediately.


                                                               3750

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 61.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1263, by Senator Martins, Senate Print 6450, an 

 9   act to amend the Vehicle and Traffic Law.

10                ACTING PRESIDENT GRIFFO:   There is 

11   a home-rule message at the desk.

12                The Secretary will read the last 

13   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, 61.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1268, by Senator O'Mara, Senate Print 6969, an 

24   act to amend the Vehicle and Traffic Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3751

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1285, by Senator Breslin, Senate Print 6789A, an 

12   act to amend the Insurance 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, 61.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1288, by Senator Serino, Senate Print 7777A, an 

25   act to amend the Insurance Law.


                                                               3752

 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, 61.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1290, by Senator Stewart-Cousins, Senate Print 

13   2243A, an act to amend the General Municipal 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, 61.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1295, by Senator Little, Senate Print 6343, an 


                                                               3753

 1   act to amend the Real Property Tax Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the first of January.

 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                THE SECRETARY:   Calendar Number 

13   1325, by Senator LaValle, Senate Print 7932, an 

14   act to amend the Education Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect one year after it shall 

19   have become a law.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3754

 1                THE SECRETARY:   Calendar Number 

 2   1327, by Senator Martins, Senate Print 4377A, an 

 3   act to amend the Public Authorities Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect January 1, 2017.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 61.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1342, substituted earlier by Member of the 

16   Assembly Williams, Assembly Print 10203, 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                THE SECRETARY:   Ayes, 60.  Nays, 1.  


                                                               3755

 1   Senator LaValle recorded in the negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1360, by Senator Little, Senate Print 7828A, an 

 6   act to amend the Private Housing Finance Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the 180th day.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 61.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1365, substituted earlier by Member of the 

19   Assembly Magnarelli, Assembly Print Number 3461C, 

20   an act to amend the Mental Hygiene 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 


                                                               3756

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1367, by Senator Carlucci, Senate Print 7410A, an 

 8   act to amend the Mental Hygiene Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the 90th day.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

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

17   Senators Hassell-Thompson and Perkins recorded in 

18   the negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1370, by Senator Ortt, Senate Print 7627, an act 

23   to amend the Mental Hygiene Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3757

 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, 60.  Nays, 1.  

 7   Senator Hoylman recorded in the negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1371, by Senator Ortt, Senate Print 7644A, an act 

12   to amend Part O of Chapter 59 of the Laws of 

13   2016.

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, 61.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1373, by Senator Gallivan, Senate Print 7804, an 


                                                               3758

 1   act to amend the Mental Hygiene Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 61.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1388, by Senator Golden, Senate Print 3383, an 

14   act to amend the Executive Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 4.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 60.  Nays, 1.  

23   Senator Krueger recorded in the negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3759

 1                THE SECRETARY:   Calendar Number 

 2   1394, by Senator Hannon, Senate Print 5968A, an 

 3   act to direct.

 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, 61.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1395, by Senator Sanders, Senate Print 6437A, an 

16   act to amend the Executive Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect on the 60th day.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 61.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3760

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1397, by Senator Nozzolio, Senate Print 6658, an 

 4   act to amend the Penal Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 5.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Krueger to explain her vote.

14                SENATOR KRUEGER:   Thank you, 

15   Mr. President.  I rise to explain my vote no.

16                You know, sometimes we pass bills 

17   because we think it sounds like we're doing the 

18   right thing.  And on the face of it, this bill 

19   may sound like we're doing the right thing, but 

20   it's one more bill to create one more offender 

21   registry in the State of New York.  

22                And the coalition of organizations 

23   that make up the Coalition Against Domestic 

24   Violence -- I believe it's almost 240 

25   organizations represented -- all but one of the 


                                                               3761

 1   organizations actually oppose the bill because 

 2   they point out that the history of domestic 

 3   violence registries are that they don't create a 

 4   deterrent effect, but they switch our funding and 

 5   law enforcement efforts into tracking whether 

 6   somebody has signed up or not -- not whether we 

 7   are preventing domestic violence from taking 

 8   place, not that we are ensuring that continuing 

 9   domestic violence doesn't happen to new people 

10   all the time.

11                So while I appreciate the sponsor's 

12   efforts, we keep creating these registries or 

13   proposing the creation of registries of almost 

14   anyone lately, and it's not going to solve our 

15   problems, Mr. President.  

16                I vote no.  Thank you.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Krueger to be recorded in the negative.

19                Senator Nozzolio to explain his 

20   vote.

21                SENATOR NOZZOLIO:   Thank you, 

22   Mr. President.

23                Mr. President and my colleagues, I 

24   ask permission to be absent from voting and 

25   explain my vote.


                                                               3762

 1                That this measure is a measure that 

 2   was named after Brittany Passalacqua, a young 

 3   lady who at the age when most students are 

 4   entering junior high, was unfortunately murdered 

 5   by a perpetrator who was brought into her home by 

 6   her mom, who didn't know the background of this 

 7   individual.  The individual killed her mom and 

 8   killed Brittany in the span of an hour one 

 9   fateful afternoon.

10                This law was named after Brittany 

11   Passalacqua, in her memory, to try to prevent 

12   domestic violence victims from happening in the 

13   first place.  We hear so much about protecting 

14   the victims, and we should.  We should care for 

15   them, we should nurture them and take care of 

16   their needs as they go through the heinous 

17   process of recovering at least their bodily 

18   wounds from that violence, when in fact the 

19   emotional scars will remain forever.

20                My thought in presenting this 

21   legislation -- and it's something this Senate has 

22   passed over a half a dozen times directly.  We 

23   sought out Assembly Democrat bills, those who 

24   were majority members of the Assembly, and took 

25   their version of their bill, and it is 


                                                               3763

 1   pro-offered before you today in an effort to 

 2   obtain bipartisan support for protecting domestic 

 3   violence victims before they happen by 

 4   establishing simple transparency -- something 

 5   many members who are voting against this measure 

 6   talk about so much in government, when in fact 

 7   citizens really need to know who's dangerous and 

 8   who may be brought into their lives because 

 9   they've been convicted of a very violent crime.

10                That knowledge is knowledge that I 

11   believe would prevent domestic violence victims.  

12   If Brittany Passalacqua's mother had that 

13   knowledge, she may be alive here today and we 

14   wouldn't need to have a Brittany's Law.  

15                But in fact the tragedy requires 

16   addressing, and that this Domestic Violence 

17   Prevention Act does just that, Mr. President.  

18   And I appreciate those of my colleagues who are 

19   supporting it.  And I will continue to fight for 

20   it, because it should become law, to prevent 

21   victims of domestic violence from happening in 

22   the first place.

23                Thank you, Mr. President.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Nozzolio to be recorded in the affirmative.


                                                               3764

 1                Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar 1397, those recorded in the negative are 

 4   Senators Comrie, Hamilton, Hassell-Thompson, 

 5   Hoylman, Krueger, Montgomery, Peralta, Perkins, 

 6   Rivera, Sanders and Squadron.

 7                Ayes, 50.  Nays, 11.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1401, by Senator Hannon, Senate Print 7873B, an 

12   act to amend the Public Health Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 5.  This 

16   act shall take effect on the 45th day.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Krueger to explain her vote.

22                SENATOR KRUEGER:   Thank you, 

23   Mr. President.  I rise to support this bill by 

24   Senator Hannon.  I want to thank Senator Hannon 

25   for his work on this issue.  


                                                               3765

 1                It was actually brought to my 

 2   attention by a constituent who had struggled so 

 3   hard and so long to try to get the funding for 

 4   his severely disabled child that in theory he is 

 5   entitled to, the reimbursement for healthcare 

 6   costs, under the Medical Indemnity Law that we 

 7   passed here in this state several years ago.

 8                Unfortunately, the system is not yet 

 9   working, which is why we need this law and 

10   perhaps more enforcement to ensure people who 

11   give birth to children who have serious medical 

12   problems due to the situation at birth are 

13   provided the health insurance benefits and 

14   coverage that we promised them when they chose to 

15   participate in the Medical Indemnity Program 

16   instead of going to court in a medical 

17   malpractice case.

18                I certainly hope this bill will be 

19   signed by the Governor quickly.

20                Thank you, Mr. President.  I vote 

21   yes.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Krueger to be recorded in the affirmative.

24                Announce the results.

25                THE SECRETARY:   Ayes, 61.


                                                               3766

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1402, by Senator Bonacic, Senate Print 5302D, an 

 5   act to amend the Racing, Pari-Mutuel Wagering and 

 6   Breeding Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                SENATOR GIANARIS:   Lay it aside.

10                ACTING PRESIDENT GRIFFO:   Lay the 

11   bill aside.

12                THE SECRETARY:   Calendar Number 

13   1463, by Senator Young, Senate Print 7416, an act 

14   to legalize, validate, and ratify.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.) 

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3767

 1   1473, by Senator Golden, Senate Print 8015, an 

 2   act to amend the Retirement and Social Security 

 3   Law.

 4                ACTING PRESIDENT GRIFFO:   There is 

 5   a home-rule message at the desk.

 6                The Secretary will read the last 

 7   section.

 8                THE SECRETARY:   Section 21.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Golden to explain his vote.

15                SENATOR GOLDEN:   Thank you, 

16   Mr. President.  I rise today to thank the 

17   legislators here today for voting for this bill.

18                Our Fire Department has been without 

19   a disability pension since 2009.  The agreement 

20   has been made with the City of New York for both 

21   Correction and Sanitation.  The only one that's 

22   still outstanding is NYPD, and one would hope 

23   that over the next couple of days that the City 

24   of New York and the PBA can come to an agreement 

25   so that we can have three-quarters for police 


                                                               3768

 1   officers as well.

 2                I don't have to tell you what our 

 3   firemen went through on 9/11 -- 343 perished.  

 4   But what some of you may not know are the 

 5   funerals that we go to on a regular basis of 

 6   those that got cancers from 9/11 and are 

 7   perishing, actually two or three a month in the 

 8   past six months.  That is a pretty high statistic 

 9   for the number of people that are dying from 

10   cancers from 9/11.

11                So ladies and gentlemen, I want to 

12   thank our legislators here today and thank the 

13   Assembly for passing a good piece of legislation 

14   that gives our firemen the ability to get their 

15   disability and to be able to raise their families 

16   and stay and live in this great city.

17                So this is a great bill, a good 

18   bill, and it's the right thing to do.  And I 

19   thank you all and the mayor of the City of 

20   New York and the Governor for coming together on 

21   the initial agreement and allowing this to go 

22   forward.  Thank you.

23                I vote aye.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Golden to be recorded in the affirmative.


                                                               3769

 1                Announce the results.

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1477, by Senator Díaz, Senate Print 262B, an act 

 7   to amend the Elder Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 4.  This 

11   act shall take effect on the 90th day.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 61.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1485, by Senator Croci, Senate Print 3464C, an 

20   act to amend the Executive Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 7.  This 

24   act shall take effect on the first of November.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3770

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Croci to explain his vote.

 5                SENATOR CROCI:   Thank you, 

 6   Mr. President.

 7                I was so gratified last year when 

 8   this bill passed the house and the Minority 

 9   Leader, Senator Stewart-Cousins, was among the 

10   aye votes.  

11                We don't have -- there's no one 

12   solution to the terrorist problem, and domestic 

13   radicalization of terrorists has made the 

14   battlefield, instead of distant shores, it's now 

15   here in the United States.

16                This bill takes a step towards 

17   helping the law enforcement and intelligence 

18   analysts in our country have another piece of the 

19   puzzle.  And I think that if you were to ask the 

20   director of the FBI, who's looking for more 

21   information, if you were to ask members of local 

22   law enforcement who are looking for more 

23   information, this is a great step.

24                I think if you look at some of the 

25   crimes that it covers -- making a terrorist 


                                                               3771

 1   threat, criminal use of a chemical or biological 

 2   weapon -- I think we can all agree in this day 

 3   and age this is an important piece of 

 4   legislation, and my colleagues in the Senate on 

 5   both sides should be commended for their support.  

 6                Thank you.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Croci to be recorded in the affirmative.

 9                Announce the results.

10                THE SECRETARY:   In relation to 

11   Calendar 1485, those recorded in the negative are 

12   Senators Comrie, Dilan, Gianaris, 

13   Hassell-Thompson, Hoylman, Krueger, Panepinto, 

14   Peralta, Perkins, Rivera, Sanders, Squadron, 

15   Stavisky and Stewart-Cousins.  Also Senator 

16   Montgomery.  Also Senator Serrano.

17                Ayes, 45.  Nays, 16.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1486, by Senator Venditto, Senate Print 3925, an 

22   act to amend the Correction Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 3.  This 


                                                               3772

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   In relation to 

 6   Calendar 1486, those recorded in the negative are 

 7   Senators Hassell-Thompson, Montgomery, Perkins, 

 8   Rivera and Sanders.  Also Senator Dilan.  

 9                Ayes, 55.  Nays, 6.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                Calendar Number 1499 has been 

13   amended and is high, ineligible for 

14   consideration.  

15                Calendar 1507 is before the house.

16                THE SECRETARY:   Calendar Number 

17   1507, substituted earlier by Member of the 

18   Assembly Cusick, Assembly Print 9688, an act to 

19   amend the Real Property Tax Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3773

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1508, by Senator Marchione, Senate Print 7464, an 

 7   act to amend the Agriculture and Markets Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the 90th day.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 61.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1509, substituted earlier by Member of the 

20   Assembly Markey, Assembly Print 9858, an act to 

21   amend Chapter 138 of the Laws of 1998.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3774

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 61.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1510, by Senator Murphy, Senate Print 7480, an 

 9   act to amend the Executive Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 4.  This 

13   act shall take effect on the 180th day.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 61.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1512, by Senator Serino, Senate Print 7690, an 

22   act to amend the Labor Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3775

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 61.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1513, by Senator Serino, Senate Print 7691, an 

10   act to amend the Elder 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, 61.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1514, by Senator Ortt, Senate Print 7752, an act 

23   to amend the Environmental Conservation Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3776

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the 60th day.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 60.  Nays, 1.  

 7   Senator Serrano recorded in the negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1515, by Senator LaValle, Senate Print 7772A, an 

12   act to amend the Environmental Conservation 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, 61.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1516, substituted earlier by Member of the 

25   Assembly Blake, Assembly Print 10258, an act to 


                                                               3777

 1   amend the Executive Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 61.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1517, substituted earlier by Member of the 

14   Assembly Englebright, Assembly Print 10264, an 

15   act in relation to creating.

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, 61.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3778

 1                THE SECRETARY:   Calendar Number 

 2   1519, by Senator Carlucci, Senate Print 7952A, an 

 3   act to authorize.

 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 Bonacic and Larkin recorded in the 

13   negative.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1520, by Senator Avella, Senate Print 7983A, an 

18   act to amend the Social Services Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect on the 60th day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3779

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1522, by Senator Marcellino, Senate Print 426B, 

 6   an act to amend the Vehicle and Traffic Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 5.  This 

10   act shall take effect on the first of November.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 61.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1523, by Senator Gallivan, Senate Print 434, an 

19   act to amend the General Business Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect on the 60th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3780

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1526, by Senator Golden, Senate Print 1109B, an 

 7   act to amend the Penal Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the first of November.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.  Nays, 1.  

16   Senator Perkins recorded in the negative.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1527, by Senator Avella, Senate Print 1147C, an 

21   act to amend the Agriculture and Markets Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect on the 180th day.


                                                               3781

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT GRIFFO:   Announce 

 5   the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar 1527, those recorded in the negative are 

 8   Senators Bonacic, Boyle, Croci, Griffo, Martins, 

 9   Ortt, Ranzenhofer, Serino and Seward.

10                Ayes, 52.  Nays, 9.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1528, by Senator LaValle, Senate Print 1483A, an 

15   act to amend the Executive Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT GRIFFO:   Announce 

24   the results.

25                THE SECRETARY:   In relation to 


                                                               3782

 1   Calendar 1528, those recorded in the negative are 

 2   Senators Comrie, Dilan, Gianaris, 

 3   Hassell-Thompson, Hoylman, Krueger, Montgomery, 

 4   Peralta, Perkins, Rivera, Sanders and Serrano.  

 5   Also Senator Breslin.  Also Senator Squadron.

 6                Ayes, 47.  Nays, 14.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1534, by Senator LaValle, Senate Print 2104, an 

11   act to amend the Vehicle and Traffic Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect on the 180th day.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1536, by Senator Flanagan, Senate Print 2135, an 

24   act to amend the Highway Law.

25                ACTING PRESIDENT GRIFFO:   There is 


                                                               3783

 1   a home-rule message present at the desk.

 2                The Secretary will read the last 

 3   section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 61.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1537, by Senator Hannon, Senate Print 2160, an 

14   act to amend the Executive Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Ayes, 60.  Nays, 1.  


                                                               3784

 1   Senator DeFrancisco recorded in the negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is still passed.

 4                THE SECRETARY:   Calendar Number 

 5   1541, by Senator Griffo, Senate Print 2941A, an 

 6   act to amend the Executive Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  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, 61.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1549, by Senator Ritchie, Senate Print 4964B, an 

19   act to amend the Vehicle and Traffic Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect on the first of January.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3785

 1                (The Secretary called the roll.)

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

 3   Senators Dilan and Krueger recorded in the 

 4   negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1552, by Senator Marchione, Senate Print 5355A, 

 9   an act to amend the General Business Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 6.  This 

13   act shall take effect on the 30th day.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 61.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1557, by Senator Ranzenhofer, Senate Print 6320, 

22   an act to amend the Education Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3786

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 61.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1558, by Senator Latimer, Senate Print 6334, an 

10   act to amend the Public Officers 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, 60.  Nays, 1.  

19   Senator Gallivan recorded in the negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1560, substituted earlier by Member of the 

24   Assembly Dinowitz, Assembly Print 8562A, an act 

25   to amend the Executive Law.


                                                               3787

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the 30th day.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1564, by Senator Serino, Senate Print 6689, an 

13   act to amend the Correction Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 5.  This 

17   act shall take effect on the first of January.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT GRIFFO:   Announce 

22   the results.

23                THE SECRETARY:   In relation to 

24   Calendar 1564, those recorded in the negative are 

25   Senators Hassell-Thompson, Montgomery, Perkins, 


                                                               3788

 1   Rivera and Sanders.

 2                Ayes, 56.  Nays, 5.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1566, by Senator Funke, Senate Print 6733, an act 

 7   authorizing.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.  

10                SENATOR GIANARIS:   Lay it aside.

11                ACTING PRESIDENT GRIFFO:   Lay the 

12   bill aside.

13                THE SECRETARY:   Calendar Number 

14   1567, by Senator Farley, Senate Print 6746, an 

15   act to amend the Education Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect June 30, 2016.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3789

 1                THE SECRETARY:   Calendar Number 

 2   1569, by Senator Golden, Senate Print 6926, an 

 3   act to amend the Executive 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                ACTING PRESIDENT GRIFFO:   Senator 

12   Golden to explain his vote.

13                SENATOR GOLDEN:   Thank you, 

14   Mr. President.  I rise on this piece of 

15   legislation.  

16                It would give the New York City 

17   Police Department the ability to put together an 

18   active-shooter team with advanced ballistic 

19   vests, with advanced ballistic helmets and 

20   approved long guns or rifles.  

21                Right now nothing more cries out for 

22   this legislation than we see the innocents 

23   slaughtered, those unfortunate people that were 

24   slaughtered in Orlando.  We need active-shooter 

25   teams ready to go.  And this would allow these 


                                                               3790

 1   active-shooter teams in New York City to be able 

 2   to go out there and to protect our citizenry.

 3                Just think about these numbers.  

 4   One-third of police officers that enter into an 

 5   active-shooting incident are killed, one-third.  

 6   In September of 2013, the FBI did an analysis and 

 7   out of that analysis, where more than one police 

 8   officer went into that, where there were several 

 9   officers going in, in 21 of the 45 incidents 

10   police officers were shot.  Forty-six percent 

11   incident rates on officers entering into 

12   active-shooter situations have been shot.  

13                These ballistic helmets, ballistic 

14   vests, and of course the long guns would give 

15   these officers the tools and the equipment they 

16   need to be able to enter into an active-shooter 

17   situation and to get them to respond that much 

18   quicker.  Since we only have a handful of 

19   emergency service trucks in each borough, this 

20   would put more units on the street ready to go.  

21   And we need them.

22                So I ask my colleagues to vote for 

23   this bill, I thank them for voting for it, and I 

24   hope the Assembly follows through and does the 

25   right thing, because our city needs this 


                                                               3791

 1   legislation.

 2                Thank you.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Golden to be recorded in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   Ayes, 61.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1575, by Senator Savino, Senate Print 7067A, an 

11   act to amend the Social Services Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect on the 91st day.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 61.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1578, substituted earlier by Member of the 

24   Assembly Peoples-Stokes, Assembly Print 9762, an 

25   act to amend the Executive Law.


                                                               3792

 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, 61.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1579, substituted earlier by Member of the 

13   Assembly DenDekker, Assembly Print 9696, an act 

14   to amend the Executive Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the 90th day.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.  

21                (The Secretary called the roll.)

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

23   Senators Hassell-Thompson and Perkins recorded in 

24   the negative.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3793

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1581, substituted earlier by Member of the 

 4   Assembly Englebright, Assembly Print 9239, an act 

 5   to amend the Correction Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the 60th day.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 61.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1582, by Senator Young, Senate Print 7408A, an 

18   act to amend the County Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3794

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1583, by Senator Seward, Senate Print 7501, an 

 6   act to amend the Environmental Conservation Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Krueger to explain her vote.

16                SENATOR KRUEGER:   Thank you, 

17   Mr. President.

18                You know, we frequently see bills 

19   like this, or close to this, where a department 

20   wants to go into a lease arrangement or is going 

21   to bid something out.

22                But just for the record, and why I'm 

23   voting no, because it actually would require a 

24   40-year lease with a particular entity by the 

25   DEC, but the DEC is actually opposed to the 


                                                               3795

 1   proposal.  I don't know that we should be passing 

 2   laws making our agencies go into these kinds of 

 3   lease agreements.

 4                So I vote no, Mr. President.  Thank 

 5   you.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Krueger to be recorded in the negative.

 8                Announce the results.

 9                THE SECRETARY:   In relation to 

10   Calendar 1583, those recorded in the negative are 

11   Senators Gianaris, Hoylman, Krueger, Perkins and 

12   Squadron.

13                Ayes, 56.  Nays, 5.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1586, by Senator Murphy, Senate Print 7563, an 

18   act to amend the Vehicle and Traffic Law.

19                ACTING PRESIDENT GRIFFO:   There is 

20   a home-rule message at the desk.

21                The Secretary will read the last 

22   section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3796

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1587, by Senator Ortt, Senate Print 7619, an act 

 8   to amend the State Administrative Procedure Act.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the 60th day.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 61.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1589, substituted earlier by Member of the 

21   Assembly Zebrowski, Assembly Print 10242, an act 

22   to amend the State Administrative Procedure Act.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3797

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 60.  Nays, 1.  

 6   Senator Sanders recorded in the negative.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1591, by Senator Larkin, Senate Print 7959, an 

11   act to authorize.

12                ACTING PRESIDENT GRIFFO:   There is 

13   a home-rule message at the desk.

14                The Secretary will read the last 

15   section.

16                THE SECRETARY:   Section 5.  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   1595, by Senator Little, Senate Print 8027, an 


                                                               3798

 1   act to amend the Environmental Conservation Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect on the same date and in the 

 6   same manner as a Concurrent Resolution of the 

 7   Senate and Assembly.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 61.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1610, by Senator Felder, Senate Print 4172, an 

16   act to authorize.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT GRIFFO:   Announce 

25   the results.


                                                               3799

 1                THE SECRETARY:   In relation to 

 2   Calendar 1610, those recorded in the negative are 

 3   Senators Bonacic, Espaillat, Gianaris, 

 4   Hassell-Thompson, Kennedy, Krueger, Larkin, 

 5   Montgomery, Peralta, Perkins, Rivera and 

 6   Stewart-Cousins.

 7                Ayes, 49.  Nays, 12.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1618, by Senator Hannon, Senate Print 5644, an 

12   act to amend the Real Property Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 3.  This 

16   act shall take effect on the 60th day.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

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

21   Senators Avella and Klein recorded in the 

22   negative.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3800

 1   1621, by Senator Croci, Senate Print 5842B, an 

 2   act to amend the Vehicle and Traffic Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 5.  This 

 6   act shall take effect on the 120th day.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   Announce 

11   the results.

12                THE SECRETARY:   In relation to 

13   Calendar 1621, those recorded in the negative are 

14   Senators Dilan, Espaillat, Gianaris, 

15   Hassell-Thompson, Hoylman, Krueger, Montgomery, 

16   Panepinto, Peralta, Perkins, Rivera, Sanders, 

17   Serrano, Squadron and Stavisky.

18                Ayes, 46.  Nays, 15.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1625, by Senator Bonacic, Senate Print 6546A, an 

23   act to amend the Real Property Tax Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3801

 1                THE SECRETARY:   Section 5.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT GRIFFO:   It's 

 7   getting a little noisy in the chamber.

 8                THE SECRETARY:   Ayes, 60.  Nays, 

 9   1 --

10                ACTING PRESIDENT GRIFFO:   We're on 

11   1625, by Senator Bonacic.  All those in the 

12   negative please raise your hands.

13                Announce the results.

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

15   Senators Espaillat and Felder recorded in the 

16   negative.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.  

19                THE SECRETARY:   Calendar Number 

20   1664, by Senator Marcellino, Senate Print 7911C, 

21   an act authorizing.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3802

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   In relation to 

 5   Calendar 1664, those recorded in the negative are 

 6   Senators Bonacic, Larkin and Perkins.

 7                Ayes, 58.  Nays, 3.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                Senator DeFrancisco, that completes 

11   the noncontroversial reading of today's 

12   active-list calendar.

13                SENATOR DeFRANCISCO:   We have one 

14   resolution that I'm going to announce in a 

15   minute, but I'd like to make an announcement that 

16   as soon as that's over we're going to go to an 

17   immediate meeting of the Rules Committee in 

18   Room 332.  

19                So if you're in chambers, please go 

20   there right away.  We've got 40-some-odd bills, 

21   then another Rules Committee meeting.  So let's 

22   please keep this thing moving.

23                The next resolution -- if we can go 

24   back to motions and resolutions.

25                ACTING PRESIDENT GRIFFO:   We will 


                                                               3803

 1   return to motions and resolutions.

 2                SENATOR DeFRANCISCO:   If we would 

 3   take up the last resolution on the agenda, 

 4   previously adopted Resolution 4113, by Senator 

 5   Carlucci, read the title only and call on Senator 

 6   Carlucci, please.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Secretary will read.  

 9                Senator Carlucci, be prepared.

10                THE SECRETARY:   Legislative 

11   Resolution Number 4113, by Senator Carlucci, 

12   memorializing Governor Andrew M. Cuomo to 

13   proclaim June 12, 2016, as Filipino Independence 

14   Day in the State of New York.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Carlucci.

17                SENATOR CARLUCCI:   Thank you, 

18   Mr. President.  I rise to support this resolution 

19   to proclaim June 12th as Filipino Independence 

20   Day in the State of New York.

21                And Filipino Independence Day gets 

22   its background from in 1898, when the Philippines 

23   declared independence over Spain and portrayed 

24   all of the liberties that -- much similar to what 

25   we hold dear on Independence Day, which we 


                                                               3804

 1   celebrate on July 4th here in the United States.  

 2                And to fast forward, since 1962 this 

 3   holiday has been celebrated on June 12th every 

 4   year as a national holiday in the Philippines.  

 5                And it's very fitting that we 

 6   proclaim Filipino Independence day in the State 

 7   of New York, because we're really the 

 8   beneficiaries in New York State of having 

 9   Filipino-Americans as one of largest immigrant 

10   groups in New York State and in the United 

11   States.  In fact, the Migration Policy Institute 

12   says that Filipino immigrants constitute one of 

13   the largest foreign-born groups in the United 

14   States.  

15                And we truly are the beneficiaries 

16   of that here in New York.  And particularly I'm 

17   very grateful, because in Rockland County we have 

18   a very strong and prideful Filipino-American 

19   group.  

20                And we're so fortunate because 

21   gracing us with their presence here today is the 

22   Filipino Association of Rockland County and the 

23   Filipino-American Senior Association of Rockland 

24   County.  Even though there's no seniors up there, 

25   they're here representing them.  Oh, oh, wait -- 


                                                               3805

 1   no, there we go.

 2                But -- and the leaders of the groups 

 3   are here as well.  We have Elmer-Rheci Abustan, 

 4   who has been the leader of the Filipino 

 5   Association of Rockland.  We have Rudy Marasigan, 

 6   who is the leader of the Filipino-American Senior 

 7   Association of Rockland.  And the current 

 8   president of the Filipino Association of Rockland 

 9   is Mark Sanchez, who's with us here today as 

10   well.

11                And it's fitting as well to 

12   celebrate this in June, because we just 

13   celebrated Santa Cruzan, an annual festival which 

14   we're so thankful that we have that in Rockland 

15   County, where we celebrate that and celebrate the 

16   rich culture of the Philippines in our community 

17   and throughout New York State.  And next year our 

18   commitment is to expand that and really show the 

19   pride of the Philippines by having a parade right 

20   in Rockland County down Main Street.  

21                So we're looking forward to all the 

22   wonderful people here with us today to organize 

23   that great event, and we're inviting everybody in 

24   the chamber here today to join us next June as we 

25   celebrate Santa Cruzan and Filipino Independence 


                                                               3806

 1   Day in New York State again.

 2                So, Mr. President, I 

 3   enthusiastically will be supporting this 

 4   resolution and encourage my colleagues to do the 

 5   same.  Thank you so much.

 6                ACTING PRESIDENT GRIFFO:   Thank 

 7   you, Senator Carlucci.

 8                As noted, the resolution was 

 9   previously adopted in March of this year.  

10                We want welcome our guests who are 

11   with us today celebrating Filipino independence.  

12   Congratulations, and we extend the courtesies of 

13   the house to all of you.  

14                You may stand and be recognized.

15                (Applause.)

16                ACTING PRESIDENT GRIFFO:   The 

17   resolution is open for cosponsorship.  Should you 

18   choose not to be a cosponsor, please notify the 

19   desk.

20                Senator DeFrancisco has noted that 

21   there's an immediate meeting of the Rules 

22   Committee in Room 332.  Please bring your tablets 

23   with you and return the tablets back to the 

24   chamber.

25                Senator DeFrancisco, anything else?  


                                                               3807

 1                SENATOR DeFRANCISCO:   There will be 

 2   an immediate meeting of the Rules Committee in 

 3   Room 332, as promised.

 4                ACTING PRESIDENT GRIFFO:   Okay, so 

 5   there's an immediate meeting of the Rules 

 6   Committee in Room 332.  Please bring your tablets 

 7   and return them to the chamber.

 8                SENATOR DeFRANCISCO:   I just don't 

 9   want you to overstep your bounds, okay?

10                (Laughter.)

11                ACTING PRESIDENT GRIFFO:   The 

12   Senate will stand at ease, with Senator 

13   DeFrancisco's permission.

14                (Whereupon, the Senate stood at ease 

15   at 3:21 p.m.)

16                (Whereupon, the Senate reconvened at 

17   3:45 p.m.)

18                ACTING PRESIDENT AKSHAR:   The 

19   Senate will come to order.

20                SENATOR DeFRANCISCO:   Is there a 

21   Rules Committee report at the desk?  

22                ACTING PRESIDENT AKSHAR:   There is, 

23   Floor Leader.

24                SENATOR DeFRANCISCO:   Would you 

25   please read the bills on that committee report.


                                                               3808

 1                ACTING PRESIDENT AKSHAR:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Senator Flanagan, 

 4   from the Committee on Rules, reports the 

 5   following bills:

 6                Senate 23A, by Senator LaValle, an 

 7   act to amend the Tax Law; 

 8                Senate 213A, By Senator Martins, an 

 9   act to amend the Tax Law; 

10                Senate 449, by Senator Marcellino, 

11   an act to amend the Executive Law; 

12                Senate 735, by Senator Marcellino, 

13   an act to amend the Vehicle and Traffic Law; 

14                Senate 1706A, by Senator Golden, an 

15   act to amend the Social Services Law; 

16                Senate 1983A, by Senator Young, an 

17   act to amend the Social Services Law; 

18                Senate 2383, by Senator Gianaris, an 

19   act to amend Penal Law; 

20                Senate 2655, by Senator Parker, an 

21   act to amend the Penal Law; 

22                Senate 2718A, by Senator Griffo, an 

23   act to amend the Workers' Compensation Law; 

24                Senate 3419C, by Senator Young, an 

25   act to amend the Insurance Law; 


                                                               3809

 1                Senate 3676A, by Senator Savino, an 

 2   act to amend the Tax Law; 

 3                Senate 3940A, by Senator Flanagan, 

 4   an act to amend the Penal Law; 

 5                Senate 4617A, by Senator Lanza, an 

 6   act to amend the Tax Law; 

 7                Senate 4744, by Senator Funke, an 

 8   act to amend the Environmental Conservation Law; 

 9                Senate 4799D, by Senator LaValle, an 

10   act to grant authority; 

11                Senate 4826A, by Senator Valesky, an 

12   act to amend the Public Authorities Law; 

13                Senate 5000B, by Senator Golden, an 

14   act to amend the Correction Law; 

15                Senate 5218A, by Senator Savino, an 

16   act to amend Public Health Law; 

17                Senate 5432A, by Senator Funke, an 

18   act to amend the Agriculture and Markets Law; 

19                Senate 5498A, by Senator Amedore, an 

20   act to establish; 

21                Senate 6220B, by Senator Hamilton, 

22   an act in relation to enacting; 

23                Senate 6232A, by Senator Funke, an 

24   act to amend the Tax Law;

25                Senate 6703, by Senator Golden, an 


                                                               3810

 1   act to amend the Tax Law; 

 2                Senate 6743, by Senator Griffo, an 

 3   act granting; 

 4                Senate 6842B, by Senator Avella, an 

 5   act to amend the Agriculture and Markets Law; 

 6                Senate 7116, by Senator Lanza, an 

 7   act to amend Chapter 154 of the Laws of 1921; 

 8                Senate 7300, by Senator 

 9   Hassell-Thompson, an act relating to providing; 

10                Senate 7403, by Senator Avella, an 

11   act to amend Chapter 395 of the Laws of 2008; 

12                Senate 7439, by Senator Hannon, an 

13   act to amend the Tax Law; 

14                Senate 7468, by Senator Ortt, an act 

15   to establish; 

16                Senate 7482, by Senator Murphy, an 

17   act to amend the Tax Law; 

18                Senate 7495, by Senator Akshar, an 

19   act to amend the Mental Hygiene Law; 

20                Senate 7514A, by Senator Robach, an 

21   act to authorize; 

22                Senate 7637, by Senator Little, an 

23   act in relation to; 

24                Senate 7668A, by Senator Ortt, an 

25   act directing;


                                                               3811

 1                Senate 7724A, by Senator Murphy, an 

 2   act to amend the Retirement and Social Security 

 3   Law; 

 4                Senate 7755, by Senator Bonacic, an 

 5   act in relation to; 

 6                Senate 7758, by Senator Ortt, an act 

 7   to amend the Environmental Conservation Law; 

 8                Senate 7788, by Senator Bonacic, an 

 9   act to amend Chapter 538 of the Laws of 2013; 

10                Senate 7807, by Senator Bonacic, an 

11   act to amend the Civil Practice Law and Rules; 

12                Senate 7853A, by Senator Gallivan, 

13   an act to amend the Public Health Law; 

14                Senate 7860, by Senator Amedore, an 

15   act to amend the Public Health Law; 

16                Senate 7891, by Senator Murphy, an 

17   act to direct; 

18                Senate 7903A, by Senator Little, an 

19   act to amend the Private Housing Finance Law; 

20                Senate 7945, by Senator Hannon, an 

21   act to amend the Public Health Law;

22                Senate 7958, by Senator Marchione, 

23   an act to amend the Public Officers Law; 

24                Senate 7969, by Senator Valesky, an 

25   act to amend the General Municipal Law; 


                                                               3812

 1                Senate 8004, by Senator Lanza, an 

 2   act to amend the General Municipal Law; 

 3                And Senate 8070, by Senator Amedore, 

 4   an act to amend the Civil Service Law.

 5                All bills reported direct to third 

 6   reading.

 7                ACTING PRESIDENT AKSHAR:   Floor 

 8   Leader.

 9                SENATOR DeFRANCISCO:   Move to 

10   accept the Rules report.

11                ACTING PRESIDENT AKSHAR:   All in 

12   favor of accepting the report of the Rules 

13   Committee signify by saying aye.

14                (Response of "Aye.")

15                ACTING PRESIDENT AKSHAR:   Opposed, 

16   nay.

17                (No response.)

18                ACTING PRESIDENT AKSHAR:   The 

19   report is accepted.

20                Senator DeFrancisco.

21                SENATOR DeFRANCISCO:   May we now 

22   return to messages from the Assembly.

23                ACTING PRESIDENT AKSHAR:   We will 

24   return to messages from the Assembly.

25                The Secretary will read.


                                                               3813

 1                THE SECRETARY:   Senator Avella 

 2   moves to discharge, from the Committee on 

 3   Agriculture, Assembly Bill Number 1231B and 

 4   substitute it for the identical Senate Bill 

 5   6842B, Third Reading Calendar 1690.

 6                Senator Little moves to discharge, 

 7   from the Committee on Rules, Assembly Bill Number 

 8   10255 and substitute it for the identical Senate 

 9   Bill 7637, Third Reading Calendar 1699.

10                Senator Bonacic moves to discharge, 

11   from the Committee on Investigations and 

12   Government Operations, Assembly Bill Number 10121 

13   and substitute it for the identical Senate Bill 

14   7788, Third Reading Calendar 1704.

15                Senator Bonacic moves to discharge, 

16   from the Committee on Codes, Assembly Bill Number 

17   10357 and substitute it for the identical Senate 

18   Bill 7807, Third Reading Calendar 1705.

19                Senator Marchione moves to 

20   discharge, from the Committee on Investigations 

21   and Government Operations, Assembly Bill Number 

22   6959A and substitute it for the identical Senate 

23   Bill 7958, Third Reading Calendar 1711.

24                And Senator Valesky moves to 

25   discharge, from the Committee on Local 


                                                               3814

 1   Government, Assembly Bill Number 10351A and 

 2   substitute it for the identical Senate Bill 7969, 

 3   Third Reading Calendar 1712.

 4                ACTING PRESIDENT AKSHAR:   The 

 5   substitutions are so ordered as read.

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:   Yes, I'd like 

 8   to compliment the desk at its alacrity in moving 

 9   these various things back and forth between the 

10   houses.  It's going very smoothly, and thank you.

11                We have at our desks Senate 

12   Supplemental Calendar Number 53A, and these are 

13   the bills that we just accepted from the Rules 

14   Committee.  Would you please do the 

15   noncontroversial reading of that calendar.

16                ACTING PRESIDENT AKSHAR:   The 

17   Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   1634, by Senator LaValle, Senate Print 23A, an 

20   act to amend the Tax Law.

21                ACTING PRESIDENT AKSHAR:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT AKSHAR:   Call the 


                                                               3815

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT AKSHAR:   Announce 

 4   the results.

 5                THE SECRETARY:   Ayes, 61.

 6                ACTING PRESIDENT AKSHAR:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1655, by Senator Martins, Senate Print 213A, an 

10   act to amend the Tax Law.

11                ACTING PRESIDENT AKSHAR:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Senator 

19   Krueger to explain her vote.

20                SENATOR KRUEGER:   Thank you, 

21   Mr. President.  I rise to explain my vote.

22                While the commuter tax for the MTA 

23   has been quite a -- the Metropolitan Commuter 

24   Transportation Mobility Tax, let me get that one 

25   correct, has been controversial from the very 


                                                               3816

 1   beginning.  But the concept that today we would 

 2   pass a law to specifically exclude political 

 3   subdivisions from having to pay it, except not 

 4   exclude the City of New York from the bill -- 

 5   allowing the political subdivisions in the other 

 6   seven counties of the MTA region to exempt that 

 7   cost for themselves, but not exempt the City of 

 8   New York -- is yet again another example of this 

 9   house treating one locality in New York State, 

10   the City of New York, differently than it treats 

11   every other locality.  And hence I'm voting no.

12                Thank you, Mr. President.

13                ACTING PRESIDENT AKSHAR:   Senator 

14   Krueger to be recorded in the negative.

15                Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar 1655, those recorded in the negative are 

18   Senators Comrie, Dilan, Gianaris, Hamilton, 

19   Hoylman, Krueger, Montgomery, Peralta, Perkins, 

20   Rivera, Serrano and Squadron.  Also Senator 

21   Persaud.  Also Senator Addabbo.

22                Ayes, 47.  Nays, 14.

23                ACTING PRESIDENT AKSHAR:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3817

 1   1660, by Senator Marcellino, Senate Print 449, an 

 2   act to amend the Executive Law.

 3                ACTING PRESIDENT AKSHAR:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect on the 60th day.

 7                ACTING PRESIDENT AKSHAR:   Call the 

 8   roll.  

 9                (The Secretary called the roll.)

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

11   Senators Montgomery and Perkins recorded in the 

12   negative.

13                ACTING PRESIDENT AKSHAR:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1669, by Senator Marcellino, Senate Print 735, an 

17   act to amend the Vehicle and Traffic Law.

18                ACTING PRESIDENT AKSHAR:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect on the first of November.

22                ACTING PRESIDENT AKSHAR:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT AKSHAR:   Announce 


                                                               3818

 1   the result.

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT AKSHAR:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1670, by Senator Golden, Senate Print 1706A, an 

 7   act to amend the Social Services Law.

 8                ACTING PRESIDENT AKSHAR:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT AKSHAR:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.  Nays, 1.  

16   Senator Perkins recorded in the negative.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1671, by Senator Young, Senate Print 1983A, an 

21   act to amend the Social Services Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 5.  This 

25   act shall take effect on the 120th day.


                                                               3819

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Announce 

 5   the result.

 6                THE SECRETARY:   In relation to 

 7   Calendar 1671, those recorded in the negative are 

 8   Senators Comrie, Dilan, Gianaris, Hoylman, 

 9   Krueger, Panepinto, Peralta, Perkins, Rivera and 

10   Squadron.

11                Ayes, 51.  Nays, 10.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1672, by Senator Gianaris, Senate Print 2383, an 

16   act to amend the Penal Law.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the 15th day.

21                ACTING PRESIDENT AKSHAR:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT AKSHAR:   Announce 

25   the result.


                                                               3820

 1                THE SECRETARY:   Ayes, 60.  Nays, 1.  

 2   Senator Perkins recorded in the negative.

 3                ACTING PRESIDENT AKSHAR:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1673, by Senator Parker, Senate Print 2655, an 

 7   act to amend the Penal Law.

 8                ACTING PRESIDENT AKSHAR:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the first of November.

12                ACTING PRESIDENT AKSHAR:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT AKSHAR:   Announce 

16   the result.

17                THE SECRETARY:   Ayes, 61.

18                ACTING PRESIDENT AKSHAR:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1674, by Senator Griffo, Senate Print 2718A, an 

22   act to amend the Workers' Compensation Law.

23                ACTING PRESIDENT AKSHAR:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3821

 1   act shall take effect on the 60th day.

 2                ACTING PRESIDENT AKSHAR:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT AKSHAR:   Announce 

 6   the result.

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1675, by Senator Young, Senate Print 3419C, an 

12   act to amend the Insurance Law.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 13.  This 

16   act shall take effect January 1, 2017.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT AKSHAR:   Announce 

21   the results.

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT AKSHAR:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3822

 1   1676, by Senator Savino, Senate Print 3676A, an 

 2   act to amend the Tax Law.

 3                ACTING PRESIDENT AKSHAR:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 5.  This 

 6   act shall take effect on the 60th day.

 7                ACTING PRESIDENT AKSHAR:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT AKSHAR:   Senator 

11   Kaminsky to explain his vote.

12                SENATOR KAMINSKY:   Thank you, 

13   Mr. President.

14                I rise today to explain my vote in 

15   the affirmative and to thank the sponsor for this 

16   innovative legislation. 

17                After Hurricane Sandy, especially on 

18   the South Shore of Long Island, Staten Island, 

19   and several other unfortunate places, people 

20   found that after rebuilding it was difficult to 

21   deal with insurance companies, difficult to deal 

22   with government bureaucracy.  And on top of that, 

23   flood insurance was just simply pricing them out 

24   of the area.  

25                Allowing our businesses and our 


                                                               3823

 1   homeowners to find it affordable to live near the 

 2   shore is what we must continue to do, and I 

 3   commend the sponsor on this important bill.  We 

 4   need more like it, and I vote in the affirmative.  

 5                Thank you.

 6                ACTING PRESIDENT AKSHAR:   Senator 

 7   Kaminsky to be recorded in the affirmative.

 8                Announce the results.

 9                THE SECRETARY:   Ayes, 61.

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1677, by Senator Flanagan, Senate Print 3940A, an 

14   act to amend the Penal Law.

15                ACTING PRESIDENT AKSHAR:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the 120th day.

19                ACTING PRESIDENT AKSHAR:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT AKSHAR:   Announce 

23   the results.

24                THE SECRETARY:   Ayes, 60.  Nays, 1.  

25   Senator Perkins recorded in the negative.


                                                               3824

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1678, by Senator Lanza, Senate Print 4617A, an 

 5   act to amend the Tax Law.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect July 1, 2016.

10                ACTING PRESIDENT AKSHAR:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT AKSHAR:   Announce 

14   the results.

15                THE SECRETARY:   Ayes, 60.  Nays, 1.  

16   Senator Perkins recorded in the negative.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1679, by Senator Funke, Senate Print 4744, an act 

21   to amend the Environmental Conservation Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3825

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Announce 

 5   the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar 1679, those recorded in the negative are 

 8   Senators Comrie, Hoylman, Perkins and Serrano.

 9                Ayes, 57.  Nays, 4.

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1680, by Senator LaValle, Senate Print 4799D, an 

14   act to grant authority.

15                ACTING PRESIDENT AKSHAR:   Read the 

16   last section.

17                THE SECRETARY:   Section 5.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT AKSHAR:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT AKSHAR:   Announce 

23   the results.

24                THE SECRETARY:   Ayes, 61.

25                ACTING PRESIDENT AKSHAR:   The bill 


                                                               3826

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1681, by Senator Valesky, Senate Print 4826A, an 

 4   act to amend the Public Authorities Law.

 5                ACTING PRESIDENT AKSHAR:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect January 1, 2017.

 9                ACTING PRESIDENT AKSHAR:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT AKSHAR:   Announce 

13   the results.  

14                THE SECRETARY:   Ayes, 61.

15                ACTING PRESIDENT AKSHAR:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1682, by Senator Golden, Senate Print 5000B, an 

19   act to amend the Correction Law.

20                ACTING PRESIDENT AKSHAR:   Read the 

21   last section.

22                THE SECRETARY:   Section 14.  This 

23   act shall take effect on the first of November.

24                ACTING PRESIDENT AKSHAR:   Call the 

25   roll.


                                                               3827

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT AKSHAR:   Announce 

 3   the results.

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

 5   Senators Montgomery, Perkins and Rivera recorded 

 6   in the negative.

 7                ACTING PRESIDENT AKSHAR:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1683, by Senator Savino, Senate Print 5218A, an 

11   act to amend the Public Health Law.

12                ACTING PRESIDENT AKSHAR:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Announce 

20   the result.

21                THE SECRETARY:   Ayes, 61.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1684, by Senator Funke, Senate Print 5432A, an 


                                                               3828

 1   act to amend the Agriculture and Markets Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 5.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Announce 

10   the results.

11                THE SECRETARY:   Ayes, 61.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1685, by Senator Amedore, Senate Print 5498A, an 

16   act to establish.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT AKSHAR:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT AKSHAR:   Announce 

25   the results.


                                                               3829

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT AKSHAR:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1686, by Senator Hamilton, Senate Print 6220B, an 

 6   act in relation to enacting.

 7                ACTING PRESIDENT AKSHAR:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 4.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT AKSHAR:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT AKSHAR:   Senator 

15   Hamilton.

16                SENATOR HAMILTON:   Mr. President, I 

17   rise to state that this bill is very important to 

18   me.  Youth violence is a matter that affects all 

19   of us in New York State.  And I'm glad we're 

20   going to start a task force to look at youth 

21   violence.  

22                Especially with what's happened in 

23   Orlando, Florida, we need to let children know 

24   that there are other ways to solve differences 

25   rather than fighting and murdering one another.


                                                               3830

 1                So I just want to thank everyone in 

 2   the chamber who voted and supported me on this 

 3   bill.  Thank you.

 4                ACTING PRESIDENT AKSHAR:   Senator 

 5   Hamilton to be recorded in the affirmative.

 6                Announce the result.

 7                THE SECRETARY:   Ayes, 61.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1687, by Senator Funke, Senate Print 6232A, an 

12   act to amend the Tax Law.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 7.  This 

16   act shall take effect on the first day.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT AKSHAR:   Senator 

21   Krueger.

22                SENATOR KRUEGER:   Thank you, 

23   Mr. President.  I rise to explain my vote no.  

24                I feel very strongly that our tax 

25   policies must reflect our belief in the 


                                                               3831

 1   separation of church and state.  And so while 

 2   certain times of year, certain trees are used for 

 3   religious purposes, I don't believe we can 

 4   support a tax exemption because they are being 

 5   used for a specific religion or set of religions 

 6   at a certain time of year.  

 7                So I'll vote no.  Thank you, 

 8   Mr. President.

 9                ACTING PRESIDENT AKSHAR:   Senator 

10   Krueger to be recorded in the negative.

11               Announce the result.

12                THE SECRETARY:   Ayes, 60.  Nays, 1.  

13   Senator Krueger recorded in the negative.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1688, by Senator Golden, Senate Print 6703, an 

18   act to amend the Tax Law.

19                ACTING PRESIDENT AKSHAR:   Read the 

20   last section.

21                THE SECRETARY:   Section 7.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT AKSHAR:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3832

 1                ACTING PRESIDENT AKSHAR:   Announce 

 2   the results.

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT AKSHAR:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1689, by Senator Griffo, Senate Print 6743, an 

 8   act granting.

 9                ACTING PRESIDENT AKSHAR:   There is 

10   a home-rule message at the desk.

11                The Secretary will read the last 

12   section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Announce 

19   the results.

20                THE SECRETARY:   Ayes, 61.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1690, substituted earlier by Member of the 

25   Assembly Jaffee, Assembly Print 1231B, an act to 


                                                               3833

 1   amend the Agriculture and Markets Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the 120th day.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Announce 

10   the results.

11                THE SECRETARY:   Ayes, 61.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1691, by Senator Lanza, Senate Print 7116, an act 

16   to amend Chapter 154 of the Laws of 1921.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 6.  This 

20   act shall take effect upon the enactment.

21                ACTING PRESIDENT AKSHAR:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT AKSHAR:   Announce 

25   the result.


                                                               3834

 1                THE SECRETARY:   Ayes, 61.

 2                ACTING PRESIDENT AKSHAR:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1692, by Senator Hassell-Thompson, Senate Print 

 6   7300, an act relating to.

 7                ACTING PRESIDENT AKSHAR:   There is 

 8   a home-rule message at the desk.

 9                The Secretary will read the last 

10   section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT AKSHAR:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT AKSHAR:   Announce 

17   the result.

18                THE SECRETARY:   Ayes, 61.

19                ACTING PRESIDENT AKSHAR:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1693, by Senator Avella, Senate Print 7403, an 

23   act to amend Chapter 395 of the Laws of 2008.

24                ACTING PRESIDENT AKSHAR:   Read the 

25   last section.


                                                               3835

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT AKSHAR:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT AKSHAR:   Announce 

 7   the result.

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT AKSHAR:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1694, by Senator Hannon, Senate Print 7439, an 

13   act to amend the Tax Law.

14                ACTING PRESIDENT AKSHAR:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect on the first of January.

18                ACTING PRESIDENT AKSHAR:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT AKSHAR:   Announce 

22   the result.

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT AKSHAR:   The bill 

25   is passed.


                                                               3836

 1                THE SECRETARY:   Calendar Number 

 2   1695, by Senator Ortt, Senate Print 7468, an act 

 3   establishing.

 4                ACTING PRESIDENT AKSHAR:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 5.  This 

 7   act shall take effect on the 60th day.

 8                ACTING PRESIDENT AKSHAR:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT AKSHAR:   Announce 

12   the result.

13                THE SECRETARY:   Ayes, 61.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1696, by Senator Murphy, Senate Print 7482, an 

18   act to amend the Tax Law.

19                ACTING PRESIDENT AKSHAR:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT AKSHAR:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3837

 1                ACTING PRESIDENT AKSHAR:   Announce 

 2   the result.

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT AKSHAR:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1697, by Senator Akshar, Senate Print 7495, an 

 8   act to amend the Mental Hygiene Law.

 9                ACTING PRESIDENT AKSHAR:   Read the 

10   last section.

11                THE SECRETARY:   Section 5.  This 

12   act shall take effect on the 30th day.

13                ACTING PRESIDENT AKSHAR:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT AKSHAR:   Announce 

17   the results.

18                THE SECRETARY:   Ayes, 61.

19                ACTING PRESIDENT AKSHAR:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1698, by Senator Robach, Senate Print 7514A, an 

23   act authorizing.

24                ACTING PRESIDENT AKSHAR:   There is 

25   a home-rule message at the desk.


                                                               3838

 1                The Secretary will read the last 

 2   section.

 3                THE SECRETARY:   Section 5.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT AKSHAR:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT AKSHAR:   Announce 

 9   the result.

10                THE SECRETARY:   Ayes, 61.

11                ACTING PRESIDENT AKSHAR:   The bill 

12   is passed.

13                SENATOR DeFRANCISCO:   Can you tell 

14   me what Calendar Number just passed?  

15                ACTING PRESIDENT AKSHAR:   1698, 

16   Floor Leader.

17                SENATOR DeFRANCISCO:   That's fine.  

18   Thank you.  

19                (Laughter.)

20                THE SECRETARY:   Calendar Number 

21   1699, by Member of the Assembly --

22                SENATOR DeFRANCISCO:   Lay the bill 

23   aside for the day, please.

24                ACTING PRESIDENT AKSHAR:   The bill 

25   is laid aside for the day.


                                                               3839

 1                THE SECRETARY:   Calendar Number 

 2   1700, by Senator Ortt, Senate Print 7668A, an act 

 3   directing.

 4                ACTING PRESIDENT AKSHAR:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT AKSHAR:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT AKSHAR:   Announce 

12   the results.

13                THE SECRETARY:   Ayes, 61.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1701, by Senator Murphy, Senate Print 7724A, an 

18   act to amend the Retirement and Social Security 

19   Law.

20                ACTING PRESIDENT AKSHAR:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT AKSHAR:   Call the 

25   roll.


                                                               3840

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT AKSHAR:   Announce 

 3   the results.

 4                THE SECRETARY:   Ayes, 61.

 5                ACTING PRESIDENT AKSHAR:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1702, by Senator Bonacic, Senate Print 7755, an 

 9   act relating to the eligibility.

10                ACTING PRESIDENT AKSHAR:   There is 

11   a home-rule message at the desk.

12                The Secretary will read the last 

13   section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT AKSHAR:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT AKSHAR:   Announce 

20   the results.

21                THE SECRETARY:   Ayes, 61.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1703, by Senator Ortt, Senate Print 7758, an act 


                                                               3841

 1   to amend the Environmental Conservation Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Announce 

10   the result.

11                THE SECRETARY:   Ayes, 61.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1704, substituted earlier by Member of the 

16   Assembly Quart, Assembly Print 10121, an act to 

17   amend Chapter 538 of the Laws of 2013.

18                ACTING PRESIDENT AKSHAR:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT AKSHAR:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT AKSHAR:   Announce 


                                                               3842

 1   the result.

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT AKSHAR:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1705, substituted earlier by Member of the 

 7   Assembly Simotas, Assembly Print 10357, an act to 

 8   amend the Civil Practice Law and Rules.  

 9                ACTING PRESIDENT AKSHAR:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT AKSHAR:   Call the 

14   roll.

15                (The Secretary called the roll.) 

16                ACTING PRESIDENT AKSHAR:   Announce 

17   the result.

18                THE SECRETARY:   Ayes, 61.

19                ACTING PRESIDENT AKSHAR:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1706, by Senator Gallivan, Senate Print 7853A, an 

23   act to amend the Public Health Law.

24                ACTING PRESIDENT AKSHAR:   Read the 

25   last section.


                                                               3843

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect on the 90th day.

 3                ACTING PRESIDENT AKSHAR:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT AKSHAR:   Announce 

 7   the results.

 8                THE SECRETARY:   Ayes, 61.

 9                ACTING PRESIDENT AKSHAR:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1707, by Senator Amedore, Senate Print 7860, an 

13   act to amend the Public Health Law.

14                ACTING PRESIDENT AKSHAR:   Read the 

15   last section.

16                THE SECRETARY:   Section 4.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT AKSHAR:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT AKSHAR:   Announce 

22   the result.

23                THE SECRETARY:   Ayes, 61.

24                ACTING PRESIDENT AKSHAR:   The bill 

25   is passed.


                                                               3844

 1                THE SECRETARY:   Calendar Number 

 2   1708, by Senator Murphy, Senate Print 7891, an 

 3   act to direct.

 4                ACTING PRESIDENT AKSHAR:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 4.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT AKSHAR:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT AKSHAR:   Announce 

12   the result.

13                THE SECRETARY:   Ayes, 61.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1709, by Senator Little, Senate Print 7903A, an 

18   act to amend the Private Housing Finance Law.

19                ACTING PRESIDENT AKSHAR:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect on the 180th day.

23                ACTING PRESIDENT AKSHAR:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3845

 1                ACTING PRESIDENT AKSHAR:   Announce 

 2   the result.

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT AKSHAR:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1710, by Senator Hannon, Senate Print 7945, an 

 8   act to amend the Public Health Law.

 9                ACTING PRESIDENT AKSHAR:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT AKSHAR:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT AKSHAR:   Announce 

17   the result.

18                THE SECRETARY:   Ayes, 61.

19                ACTING PRESIDENT AKSHAR:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1711, substituted earlier by Member of the 

23   Assembly Galef, Assembly Print 6959A, an act to 

24   amend the Public Officers Law.

25                ACTING PRESIDENT AKSHAR:   Read the 


                                                               3846

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT AKSHAR:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 60.  Nays, 1.  

 8   Senator Latimer recorded in the negative.

 9                ACTING PRESIDENT AKSHAR:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1712, substituted earlier by Member of the 

13   Assembly Otis, Assembly Print 10351A, an act to 

14   amend the General Municipal Law.

15                ACTING PRESIDENT AKSHAR:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the first of November.

19                ACTING PRESIDENT AKSHAR:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT AKSHAR:   Announce 

23   the result.

24                THE SECRETARY:   Ayes, 61.

25                ACTING PRESIDENT AKSHAR:   The bill 


                                                               3847

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1713, by Senator Lanza, Senate Print 8004, an act 

 4   to amend the General Municipal Law.

 5                ACTING PRESIDENT AKSHAR:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT AKSHAR:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT AKSHAR:   Senator 

13   Krueger to explain her vote.

14                SENATOR KRUEGER:   Thank you, 

15   Mr. President.

16                Well, this is a new bill this year, 

17   a one-house bill.  I don't believe it went 

18   through any committee other than Rules.  

19                And to be honest, I don't know 

20   whether there's a reasonable argument for this 

21   bill or not.  It would change the way New York 

22   City collects its property tax.  It would 

23   apparently take a significant amount of untaxable 

24   property off the rolls in a certain way, 

25   resulting in either the City of New York having 


                                                               3848

 1   to reduce the amount of property tax it collects, 

 2   or require them to increase property taxes 

 3   somewhere else for somebody because they could no 

 4   longer use what they now call the reserve amount 

 5   as a calculation in their assessments and 

 6   collection.

 7                It's the kind of bill that actually 

 8   should be looked at very carefully.  It's the 

 9   kind of bill perhaps we should even have public 

10   hearings on in relationship to the overall system 

11   of New York City property taxes.  

12                For the record, this house has any 

13   number of times since I have been here urged the 

14   City of New York to reevaluate their entire 

15   property tax system, modernize it, ensure 

16   fairness and equity to everyone who lives in the 

17   City of New York and pays their property taxes.  

18                If I understood this bill better, if 

19   I understood who were the winners and who were 

20   the losers if this became law, I might be 

21   convinced it was a good idea.  What I know is not 

22   a good idea is to pass a bill that no one in this 

23   house actually understands the impacts of today.  

24   It impacts the one system of taxation the City of 

25   New York controls for itself.  


                                                               3849

 1                The City of New York doesn't even 

 2   have a memo pro or con, perhaps because no one 

 3   even realized this bill existed and was going to 

 4   come for a vote today.  I don't know.  

 5                I think "I don't know" is the 

 6   correct sentence for this bill.  And in the 

 7   absence of knowing, I'm voting no.

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT AKSHAR:   Senator 

10   Krueger to be recorded in the negative.

11                Announce the result.

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

13   Senators Krueger and Squadron recorded in the 

14   negative.

15                ACTING PRESIDENT AKSHAR:   The bill 

16   is passed.  

17                THE SECRETARY:   Excuse me.  In 

18   relation to Calendar 1713:  Ayes, 58.  Nays, 3.  

19   Senators Hoylman, Krueger and Squadron recorded 

20   in the negative.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   is still passed.

23                THE SECRETARY:   Calendar Number 

24   1714, by Senator Amedore, Senate Print 8070, an 

25   act to amend the Civil Service Law.


                                                               3850

 1                ACTING PRESIDENT AKSHAR:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 20.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT AKSHAR:   Call the 

 6   roll.

 7                (The Secretary called the roll.) 

 8                ACTING PRESIDENT AKSHAR:   Announce 

 9   the result.

10                THE SECRETARY:   Ayes, 61.

11                ACTING PRESIDENT AKSHAR:   The bill 

12   is passed.  

13                Senator DeFrancisco, that completes 

14   the noncontroversial reading of Supplemental 

15   Calendar 53A.

16                SENATOR DeFRANCISCO:   I would like 

17   to now call an immediate Republican conference in 

18   Room 332.  And stand at ease in the meantime.

19                We will be at ease momentarily, and 

20   thank you.  

21                ACTING PRESIDENT AKSHAR:   There 

22   will be an immediate meeting of the Republican 

23   Conference in Room 332.

24                The Senate will stand at ease.

25                (Whereupon, the Senate stood at ease 


                                                               3851

 1   at 4:15 p.m.)

 2                (Whereupon, the Senate reconvened at 

 3   5:55 p.m.)

 4                ACTING PRESIDENT AKSHAR:   The 

 5   Senate will come to order.

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:   Yes, can we 

 8   now return to the controversial calendar.  And 

 9   I'm asking if you would please call up Calendar 

10   Number -- one second.  

11                We are going to take up Calendar 

12   Number 913, please.

13                ACTING PRESIDENT AKSHAR:   The 

14   Secretary will ring the bell.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   913, by Senator Lanza, Senate Print 4505, an act 

18   to prohibit the expenditure.

19                ACTING PRESIDENT AKSHAR:   Senator 

20   Squadron.

21                SENATOR SQUADRON:   Thank you.

22                If the sponsor would yield for a 

23   question.

24                ACTING PRESIDENT AKSHAR:   Does the 

25   sponsor yield to a question?  


                                                               3852

 1                SENATOR LANZA:   Yes, Mr. President.

 2                ACTING PRESIDENT AKSHAR:   The 

 3   sponsor yields.

 4                SENATOR SQUADRON:   Thank you.  

 5                I was wondering if the sponsor would 

 6   tell me whether this bill, Senate Print 4505, is 

 7   the same bill that we have debated in prior 

 8   years.

 9                SENATOR LANZA:   Why yes, 

10   Mr. President, it is.

11                SENATOR SQUADRON:   Thank you.  On 

12   the bill, Mr. President.  

13                (Laughter.)

14                ACTING PRESIDENT AKSHAR:   On the 

15   bill.

16                SENATOR SQUADRON:   Thank you.  

17                ACTING PRESIDENT AKSHAR:   Senator 

18   Squadron on the bill.

19                SENATOR SQUADRON:   Thank you.  I 

20   thank the sponsor for his accurate and 

21   illuminating response to my incisive question.

22                This is, as the sponsor says, the 

23   same bill that we've debated in prior years.  

24   It's a bill that has big ambition relative to 

25   national and international affairs that I'll 


                                                               3853

 1   speak about in a moment, but has a very local 

 2   impact.  

 3                We all represent districts made up 

 4   of constituents and neighborhoods, communities.  

 5   My district happens to include the courthouse for 

 6   the -- the Southern District of the State of New 

 7   York and the Eastern District of the State of New 

 8   York federal courthouses.  They would be 

 9   significantly impacted by this bill.  

10                I understand that when it comes to 

11   issues of Guantanamo Bay and enemy combatants and 

12   how we defend ourselves against the true risks of 

13   terrorism, the political winds blow strongly.  

14   However, to all of my colleagues, I urge you to 

15   remember that those issues are critical but our 

16   primary responsibility are to our very own 

17   districts, to the neighborhoods and communities 

18   that we represent.  

19                This bill, were it to move forward 

20   and become law, would prevent local law 

21   enforcement from protecting my constituents, my 

22   communities, in the event that folks who were 

23   defined as enemy combatants were tried in those 

24   courthouses.  That, whatever our broader goals, 

25   whatever our broader concerns or levels of 


                                                               3854

 1   disagreement, is absolutely unacceptable.

 2                My district shoulders more than its 

 3   fair share of the burden by hosting the Southern 

 4   District and Eastern District Courthouses and 

 5   many other critical federal and state 

 6   infrastructures.  To burden my district with a 

 7   prohibition on protecting the citizens and the 

 8   businesses with local law enforcement and state 

 9   law enforcement is absolutely unacceptable, and I 

10   know each one of my colleagues would say the same 

11   about their own districts.

12                We must not allow broader political 

13   issues or concerns to create a circumstance where 

14   anyone's constituents, anyone's communities or 

15   neighborhoods, have their hands tied when it 

16   comes to protecting them, especially when you're 

17   talking about the NYPD, the New York City Police 

18   Department, which is the world's best when it 

19   comes to preventing and fighting against risks of 

20   terrorism.  The idea that we would take parts of 

21   my district, on both sides of the Brooklyn 

22   Bridge, and prohibit them from getting that 

23   support is something that I think we can all join 

24   in supporting my communities against this bill.

25                I would also point out this is not 


                                                               3855

 1   an academic issue.  On May 24th of this year, the 

 2   Southern District brought charges against Sajmir 

 3   Alimehmeti for providing material support to ISIL 

 4   or ISIS, including military knives and equipment.  

 5   Presumably Mr. Alimehmeti will be tried in the 

 6   Southern District Courthouse, just a few blocks 

 7   from residences and schools in my district -- 

 8   and, were this bill law, potentially it could be 

 9   without the protection of NYPD for any of the 

10   associated security needs, or the State Police.

11                You know, it's particularly 

12   difficult to know when this would apply and when 

13   it wouldn't, since the phrase "enemy combatant" 

14   used in this bill was actually in 2009 done away 

15   with by the Obama administration.  It is no 

16   longer a phrase or a definition that is used by 

17   the federal government.  

18                In prior years the sponsor and I 

19   have discussed in detail how one would define who 

20   an enemy combatant is or not, and I've been told 

21   that it would be based on the federal definition.  

22   Well, there is not an active federal definition 

23   that's consistent with the one it was before 

24   2009.  And, while it still exists, for purposes 

25   of the Geneva Convention, it changed in 2002 and 


                                                               3856

 1   again in 2009 and may change again in the future.

 2                That sort of evolving federal 

 3   definition should not be something on which we 

 4   hinge the ability to protect local communities in 

 5   our district.  In fact, the phrase "enemy 

 6   combatant" or "unlawful enemy combatant" was used 

 7   to justify things like stripping detainees of 

 8   their habeas corpus and other rights, which no 

 9   longer apply at the time they are being tried in 

10   a civilian courtroom.  

11                So does this bill apply to current 

12   enemy combatants, prior enemy combatants, people 

13   who some percentage of us in this room might 

14   consider to be enemy combatants?  It's not 

15   defined in this bill.  And that's an additional 

16   problem.

17                If I were to go into another borough 

18   or another county and say because of something 

19   the federal government is doing, because of a 

20   land use policy or something else, you don't 

21   deserve the protection of local law enforcement, 

22   it would be unacceptable.  We don't do that to 

23   each other's districts, and that is the impact of 

24   what this bill would do.

25                I know that the district I represent 


                                                               3857

 1   is central in many of our minds.  We suffered the 

 2   attacks of September 11th in a primary way.  We 

 3   are full of some of the most extraordinary 

 4   landmarks in the country or the world, the Statue 

 5   of Liberty and Ellis Island, the Brooklyn Bridge, 

 6   the World Trade Center site and the extraordinary 

 7   memorial that has been built there to the tragedy 

 8   of September 11, 2001, New York Harbor -- it is a 

 9   district that rightfully all of us focus on, and 

10   I appreciate the shared focus from my colleagues.

11                However, it does not change the fact 

12   that at the end of the day I have about 300,000 

13   constituents who are making their lives in these 

14   neighborhoods, trying to get by, sending their 

15   kids to school, playing in Little League on the 

16   weekends, just like in every other district in 

17   this state.  And the idea that we should allow 

18   local law enforcement to be hamstrung in 

19   protecting them is unacceptable.  I urge my 

20   colleagues to join me in voting no.

21                Thank you, Mr. President.

22                ACTING PRESIDENT AKSHAR:   Thank 

23   you, Senator Squadron.

24                Senator Lanza.

25                SENATOR LANZA:   Thank you, 


                                                               3858

 1   Mr. President.  On the bill.

 2                What this bill simply says is that 

 3   when a foreign enemy combatant wages war against 

 4   the United States of America, that this state, 

 5   the people of this state would not pay for a 

 6   civil criminal trial of that enemy combatant.

 7                Now, I must say that if what Senator 

 8   Squadron is suggesting would happen is true, I 

 9   would completely agree with him.  His district or 

10   any district in this state should not be deprived 

11   of public protection under any circumstances.

12                But the idea behind this bill is 

13   this.  It seeks to cause one of two results.  

14   First, the hope which motivated me to author this 

15   legislation is that if this were to become the 

16   law in the State of New York, the federal 

17   government would decide not to offer civil 

18   criminal trials to foreign enemy combatants 

19   waging war against the country and would, in the 

20   alternative, try them where they ought to be 

21   tried, which is in a military tribunal.  The same 

22   place, by the way, an American soldier would be 

23   tried if an American soldier were to be accused 

24   of any wrongdoing.  And as I've said in the past 

25   as we've discussed and debated this bill, if it's 


                                                               3859

 1   good enough for an American soldier, it's more 

 2   than good enough for a terrorist.

 3                The second potential result in the 

 4   event that the federal government would still, 

 5   when faced by this law, persist in offering a 

 6   civil trial to an enemy combatant, is that the 

 7   people of the State of New York would not have 

 8   to pay for it.

 9                So it is my belief that if this were 

10   to become law, it is not a question -- through 

11   you, Mr. President, Senator Squadron -- of 

12   whether or not public protection will be offered, 

13   it's a question of who will pay the bill.  And I 

14   believe, if this were to become the law, in the 

15   event that a civil trial were offered, it would 

16   be the federal government that would foot the 

17   bill and not the people of the State of New York.  

18   And of course really my primary motivation is to 

19   not even get to that point.  And I would rather 

20   see that these enemy combatants are tried in a 

21   military tribunal.  

22                So that's the point of the law, and 

23   I would encourage my colleagues to vote in favor 

24   of this.  I vote aye.

25                ACTING PRESIDENT AKSHAR:   Senator 


                                                               3860

 1   Lanza, you will be recorded in the affirmative.

 2                Senator Sanders.

 3                SENATOR SANDERS:   Thank you, 

 4   Mr. President.

 5                I just wanted to point out a 

 6   technical point to you, my esteemed colleague.

 7                ACTING PRESIDENT AKSHAR:   Are you 

 8   on the bill, Senator Sanders?  

 9                SENATOR SANDERS:   Yes, I am, on the 

10   bill.

11                If we stop calling them "enemy 

12   combatants" and you move them to a military 

13   trial, you have elevated them to an equal 

14   combatant as to the government.  Right now these 

15   people may not be government forces.  In one 

16   sense you would make ISIS an equal to the U.S.  

17                By them doing a civil trial, it is 

18   saying that they are not an equal to the U.S. and 

19   they would be judged as terrorists.  Civil puts 

20   them in terrorist.  A military trial is saying 

21   that they are a combatant, an equal combatant to 

22   the U.S.  That would not be a wise move, sir.

23                Thank you very much, Mr. President.

24                ACTING PRESIDENT AKSHAR:   Thank 

25   you, Senator Sanders.


                                                               3861

 1                Senator Squadron, you wish to be 

 2   heard?  

 3                SENATOR SQUADRON:   Just a brief 

 4   addendum to agree with the sponsor of the bill.  

 5   If we could get the federal government to pay 

 6   more here, we should.  In fact, in Lower 

 7   Manhattan we need more resources from the federal 

 8   government.  So that is a point of significant 

 9   agreement, and I know the ultimate goal of the 

10   sponsor here.  

11                At the end of the day, we come down 

12   on different sides of this bill.  But I do want 

13   to point out, to be very clear, the sponsor and I 

14   agree the federal government should be doing more 

15   to provide aid and support for the security needs 

16   and resiliency needs and a whole lot of other in 

17   Lower Manhattan and elsewhere in the city.  

18                Thank you.  I'm still a no.

19                ACTING PRESIDENT AKSHAR:   Senator 

20   Squadron to be recorded in the negative.  

21                Are there any other members wishing 

22   to be heard?  

23                Seeing none, the debate is closed.  

24   The Secretary will ring the bell.  

25                Senator Marcellino.  


                                                               3862

 1                SENATOR MARCELLINO:   Yes, 

 2   Mr. President.  If possible -- and I'm sure it 

 3   is -- if we could lay this vote aside and we 

 4   could take up the controversial reading of Senate 

 5   6733, by Senator Funke.  

 6                We're going to come back to the vote 

 7   later, but we're going to debate, at this point 

 8   in time, Senate 6733.

 9                ACTING PRESIDENT AKSHAR:   Calendar 

10   Number 913 will temporary be laid aside.  

11                The Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   1566, by Senator Funke, Senate Print 6733, an act 

14   to authorize.

15                ACTING PRESIDENT AKSHAR:   Senator 

16   Hoylman.

17                SENATOR HOYLMAN:   Thank you, 

18   Mr. President.  Would the sponsor yield for some 

19   questions?  

20                ACTING PRESIDENT AKSHAR:   Will the 

21   sponsor yield?  

22                SENATOR FUNKE:   Yes, certainly.

23                ACTING PRESIDENT AKSHAR:   The 

24   sponsor yields.

25                SENATOR HOYLMAN:   Thank you.  


                                                               3863

 1                Mr. President, could I receive an 

 2   explanation of the bill from the sponsor?

 3                SENATOR FUNKE:   Sure.  This was a 

 4   bill that was put into statute by Senator Little 

 5   in 2015.  It was a bill to create an award, but 

 6   it was a bill that was -- at the time we needed 

 7   to authorize that award to be given out.  

 8                And this bill is the Edward Hopper 

 9   Award that is given to an artist born in New York 

10   State who has done the bulk of his work in 

11   New York State.  It's an award given by the 

12   New York State Council on the Arts.

13                SENATOR HOYLMAN:   Thank you.  

14                Would the sponsor continue to yield?  

15                ACTING PRESIDENT AKSHAR:   Does the 

16   sponsor continue to yield?  

17                SENATOR FUNKE:   Sure.

18                SENATOR HOYLMAN:   As I understand 

19   it, we passed this bill in 2015.  What is 

20   different in this version of the legislation?  

21                SENATOR FUNKE:   This just permits 

22   the authorization of the money to be spent by the 

23   New York State Council on the Arts and actually 

24   distribute the $10,000 award if they see fit.

25                SENATOR HOYLMAN:   Would the sponsor 


                                                               3864

 1   continue to yield?

 2                ACTING PRESIDENT AKSHAR:   Will the 

 3   sponsor continue to yield?  

 4                SENATOR FUNKE:   Yes.

 5                SENATOR HOYLMAN:   The primary goal 

 6   of the legislation is certainly laudable, to 

 7   clarify that the New York State Council on the 

 8   Arts can award these certificates of merit, the 

 9   Edward Hopper Award.  Edward Hopper was a painter 

10   who actually lived in my Senate district.

11                But there's language in the bill 

12   that is concerning.  Can the sponsor explain why 

13   these awards should be limited only to candidates 

14   who were born in New York State?  

15                SENATOR FUNKE:   Through you, 

16   Mr. President, the bill says "shall be 

17   permissible."  It does not require, first of all.  

18                And second of all, it's specific to 

19   this particular award.  There can be other awards 

20   that the Council on the Arts may see fit to 

21   disseminate to other individuals who may not 

22   necessarily have to be born in New York State.  

23   There are any number of awards and scholarships 

24   across our state and a lot of platforms that have 

25   specific requirements attached to them, and 


                                                               3865

 1   parameters, and this is one that we felt was a 

 2   good one, since he was born here in New York 

 3   State -- since this is an award that bears his 

 4   name, since he did all of his work here in 

 5   New York State, since this is an award that's 

 6   going to be given in his name, Edward Hopper -- 

 7   that that should go to somebody born in New York 

 8   State.

 9                ACTING PRESIDENT AKSHAR:   Senator 

10   Hoylman.

11                SENATOR HOYLMAN:   Would the sponsor 

12   continue to yield?

13                ACTING PRESIDENT AKSHAR:   Does the 

14   sponsor continue to yield?  

15                SENATOR FUNKE:   Yes.

16                SENATOR HOYLMAN:   So does the 

17   sponsor agree that the bill does require that the 

18   recipient be born in New York State?  

19                SENATOR FUNKE:   That's what the 

20   bill says.

21                SENATOR HOYLMAN:   Would the sponsor 

22   continue to yield?  

23                SENATOR FUNKE:   Yes.

24                ACTING PRESIDENT AKSHAR:   The 

25   sponsor continues to yield.  


                                                               3866

 1                SENATOR HOYLMAN:   Is the sponsor 

 2   aware of any other awards issued by New York 

 3   State that are limited only to people who were 

 4   born in the state?  

 5                SENATOR FUNKE:   Issued by New York 

 6   State?

 7                SENATOR HOYLMAN:   Yes.

 8                SENATOR FUNKE:   I do not.  There 

 9   are no other awards in statute that I know of 

10   that require somebody to be born in New York 

11   State.  But there could be in the future, or 

12   there may not be in the future.  

13                But there are, as my point was, 

14   there are any number of honorariums and 

15   scholarships and so on across a wide range of 

16   platforms that have specific requirements 

17   attached to them in order to access those 

18   dollars.

19                This is just one.  And as I said, it 

20   shall be permissible, it does not require the 

21   State Council on the Arts to release that money 

22   in that fashion.

23                ACTING PRESIDENT AKSHAR:   Senator 

24   Hoylman.

25                SENATOR HOYLMAN:   Would the sponsor 


                                                               3867

 1   continue to yield?

 2                SENATOR FUNKE:   Yes.

 3                ACTING PRESIDENT AKSHAR:   The 

 4   sponsor continues to yield.  

 5                SENATOR HOYLMAN:  So the sponsor 

 6   agrees that the award is, as I understand it, 

 7   limited only to New York State natives.  So for 

 8   example, an artist who was born in Pennsylvania, 

 9   moved to New York City at age 21, he spent the 

10   next four decades painting, taking photographs, 

11   filmmaking, would he be eligible for this award?  

12                SENATOR FUNKE:   Not for this 

13   specific award, he would not.  He might be 

14   eligible for some future award.

15                SENATOR HOYLMAN:   Would the sponsor 

16   continue to yield?  

17                SENATOR FUNKE:   Yes.

18                SENATOR HOYLMAN:   So Andy Warhol 

19   would not be eligible for this Edward Hopper 

20   Award.

21                Under this bill -- would the sponsor 

22   continue to yield?

23                ACTING PRESIDENT AKSHAR:   Does the 

24   sponsor yield?

25                SENATOR FUNKE:   Yes.


                                                               3868

 1                SENATOR HOYLMAN:   So just to take 

 2   another example, a painter who was born in 

 3   Wyoming, moved to Long Island, spent the better 

 4   part of the rest of his life revolutionizing a 

 5   groundbreaking style of abstract expressionism 

 6   art, would he be eligible for the award?  

 7                SENATOR FUNKE:   No.

 8                ACTING PRESIDENT AKSHAR:   Senator 

 9   Hoylman.

10                SENATOR HOYLMAN:   Would the sponsor 

11   continue to yield?  

12                SENATOR FUNKE:   Yes.

13                ACTING PRESIDENT AKSHAR:   He 

14   continues to yield.

15                SENATOR HOYLMAN:   Jackson Pollock 

16   would not be eligible for this award.

17                And would the sponsor continue to 

18   yield?

19                ACTING PRESIDENT AKSHAR:   Does the 

20   sponsor yield?

21                SENATOR FUNKE:   Yes.  I'd like to 

22   point out that the Edward Hopper Award, in Edward 

23   Hopper's name, again goes to somebody who was 

24   born in New York, like Edward Hopper, in Upper 

25   Nyack, who did all of his work here in New York 


                                                               3869

 1   State.  That's why it bears his name.  That's why 

 2   the parameters are put on this particular award 

 3   the way they are.  

 4                We could have the Andy Warhol Award, 

 5   and the New York State Council on the Arts might 

 6   want to create that down the road.

 7                ACTING PRESIDENT AKSHAR:   Senator 

 8   Hoylman.

 9                SENATOR HOYLMAN:   Would the sponsor 

10   continue to yield?  

11                SENATOR FUNKE:   Yes.

12                ACTING PRESIDENT AKSHAR:   The 

13   sponsor yields.

14                SENATOR HOYLMAN:   And just another 

15   question, let's say that this artist was born in 

16   England, moved to the Catskills, embarked on an 

17   artistic career that is inextricably linked to 

18   New York State's Hudson River Valley.  Would this 

19   individual be eligible for the award?  

20                SENATOR FUNKE:   Not for the Edward 

21   Hopper Award.

22                SENATOR HOYLMAN:   Would the sponsor 

23   continue to yield?  

24                ACTING PRESIDENT AKSHAR:   Does the 

25   sponsor continue to yield?  


                                                               3870

 1                SENATOR FUNKE:   Yes.

 2                ACTING PRESIDENT AKSHAR:   The 

 3   sponsor yields.

 4                SENATOR HOYLMAN:   So Thomas Cole, 

 5   the founder of the Hudson River Valley --

 6                ACTING PRESIDENT AKSHAR:   Can I 

 7   have some order in the house, please.  

 8   {Gaveling.}  Thank you.  

 9                Senator Hoylman.

10                SENATOR HOYLMAN:   Thomas Cole, the 

11   founder of the Hudson River Valley School, would 

12   not be eligible for this award.

13                On the bill, Mr. President.

14                ACTING PRESIDENT AKSHAR:   Senator 

15   Hoylman on the bill.

16                SENATOR HOYLMAN:   Thank you.  

17                My point is that we have in New York 

18   State a number of world renowned artists -- Andy 

19   Warhol, Jackson Pollock, Thomas Cole -- none of 

20   whom happen to have been born in the State of 

21   New York but are deeply intertwined and 

22   recognized with the history and culture of 

23   New York.

24                To suggest that we should have an 

25   award that on its face excludes individuals 


                                                               3871

 1   simply because of their birth seems 

 2   self-limiting, shortsighted, and would not, in my 

 3   opinion, contribute to what is the worthy goal of 

 4   the Edward Hopper Award, which is to foster 

 5   creativity and encourage fine arts.

 6                You know, Mr. President, New York is 

 7   the growth capital of culture.  According to a 

 8   recent report, the number of jobs in New York 

 9   City alone from 2003 to 2013 in the creative 

10   workforce went from 7.1 percent in the nation to 

11   8.1 percent.  We depend on culture and arts, not 

12   just because we like to look at beautiful 

13   paintings, but because it's an attraction to the 

14   rest of the country and the world.  We need to 

15   continue to attract talent in New York State.  

16   And by having great artists amongst us, that 

17   helps that cause.

18                The other reason I think we should 

19   oppose this is that we have quite a tradition in 

20   New York of welcoming immigrants.  And it's not 

21   just non-native New Yorkers who have contributed 

22   in the artistic world, but in every facet of our 

23   economy and our lives.  And I think, sir, that by 

24   limiting this award to native New Yorkers, we 

25   don't recognize that.  


                                                               3872

 1                There should be no "No non-native 

 2   New Yorkers need apply" rule here or in any award 

 3   that's given by the State of New York.  It 

 4   baffles me that we would shut out so many 

 5   potential artists who could apply for the Edward 

 6   Hopper Award, and at the same time create a 

 7   disincentive for artists to move to New York.  So 

 8   I'll be voting in the negative.

 9                Thank you.

10                ACTING PRESIDENT AKSHAR:   Senator 

11   Hoylman to be recorded in the negative.

12                Are there any other members wishing 

13   to be heard?

14                Seeing none, the debate is closed.  

15                The Secretary will ring the bell.

16                Senator Marcellino, you wish to be 

17   heard?

18                SENATOR MARCELLINO:   Yes, 

19   Mr. President.  What I'd like to do is to take 

20   the vote on this particular bill and lay it aside 

21   temporarily.  

22                And when Senator Bonacic comes in, 

23   which he's on his way now, I'd like to take up 

24   Senate 5302D for controversial debate.

25                ACTING PRESIDENT AKSHAR:   So I 


                                                               3873

 1   understand you, Senator Marcellino, you wish to 

 2   lay this one aside temporarily as well?  

 3                SENATOR MARCELLINO:   When we finish 

 4   the debate on Senator Bonacic's bill, we're going 

 5   to vote on all three bills in succession.  One at 

 6   a time.

 7                ACTING PRESIDENT AKSHAR:   So we 

 8   will lay aside Calendar Number 1566 temporarily.  

 9                We'll take up the next bill as soon 

10   as Senator Bonacic enters the room, which he has.  

11                Senator Bonacic, welcome.

12                SENATOR BONACIC:   Thank you, 

13   Mr. President.  Good to see you.

14                ACTING PRESIDENT AKSHAR:   You as 

15   well, sir.

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   1402, by Senator Bonacic, Senate Print 5302D, an 

19   act to amend the Racing, Pari-Mutuel Wagering and 

20   Breeding Law.

21                ACTING PRESIDENT AKSHAR:   Senator 

22   Krueger.

23                SENATOR KRUEGER:   Thank you, 

24   Mr. President.

25                If the sponsor would please yield 


                                                               3874

 1   for some questions.

 2                ACTING PRESIDENT AKSHAR:   Will the 

 3   sponsor yield?  

 4                SENATOR BONACIC:   Yes, 

 5   Mr. President.

 6                ACTING PRESIDENT AKSHAR:   The 

 7   sponsor yields.

 8                SENATOR KRUEGER:   Can the sponsor 

 9   explain to me how this bill actually is 

10   constitutional?  

11                SENATOR BONACIC:   Of course.  

12   That's easy.

13                First of all, it is a game of skill.  

14   And once we establish it as a game of skill, and 

15   it's not gaming, therefore it's not gaming, not 

16   gambling.  And let me continue, if I may.

17                SENATOR KRUEGER:   Through you, 

18   Mr. President, if the --

19                SENATOR BONACIC:   May I continue 

20   the answer?

21                SENATOR KRUEGER:   Oh.  Oh, I'm so 

22   sorry.  Yes.

23                SENATOR BONACIC:   Article 1, 

24   Section 9, of the New York State Constitution 

25   prohibits gambling except for the following.  We 


                                                               3875

 1   know charitable gaming, we know the State 

 2   Lottery, we know horse racing and casinos.  

 3   However, the Constitution does not require a 

 4   constitutional amendment, as it provides 

 5   legislative findings that Texas Hold'em and Omaha 

 6   Hold'em are games of skill, not chance, and 

 7   therefore not gambling under the New York State 

 8   Constitution.

 9                ACTING PRESIDENT AKSHAR:   Senator 

10   Krueger.

11                SENATOR KRUEGER:   Through you, 

12   Mr. President, if the sponsor would continue to 

13   yield.

14                SENATOR BONACIC:   Yes, of course.

15                ACTING PRESIDENT AKSHAR:   The 

16   sponsor yields.

17                SENATOR KRUEGER:   Thank you.

18                Does the sponsor have an opinion on 

19   the constitutionality of this from the State 

20   Attorney General?

21                SENATOR BONACIC:   No, we don't need 

22   it.  The answer is no, because in our opinion it 

23   wasn't needed.

24                SENATOR KRUEGER:   Through you, 

25   Mr. President, if the sponsor would yield, 


                                                               3876

 1   please.

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Bonacic?  

 4                SENATOR BONACIC:   Yes.

 5                ACTING PRESIDENT AKSHAR:   The 

 6   sponsor yields.

 7                SENATOR KRUEGER:   A section of the 

 8   bill -- let's see, subdivision -- it's section 2, 

 9   page 7 in my printout, Section 2, Subdivision 1, 

10   Section 22.5 of the Penal Law would be amended to 

11   read as follows.  It lists a contest of chance, 

12   meaning any contest, game, gaming scheme or 

13   gaming device in which the outcome depends in a 

14   material degree upon an element of chance, 

15   notwithstanding that skill of the contestants may 

16   also be a factor.

17                So in the words "in a material 

18   degree" are removed and the word "predominantly" 

19   is added.

20                Does the sponsor have any concern 

21   that changing Penal Law and the definition of 

22   gaming will result in prosecutors not being able 

23   to go after many other kinds of gaming or 

24   gambling in this state that aren't recognized as 

25   legal?  


                                                               3877

 1                We've had this in the law since 

 2   1905.  So might the sponsor share my concern that 

 3   removing it from the law would actually open us 

 4   up to many other kinds of gaming activity 

 5   suddenly being interpreted as not illegal?

 6                SENATOR BONACIC:   No.

 7                ACTING PRESIDENT AKSHAR:   Senator 

 8   Krueger.

 9                SENATOR KRUEGER:   Through you, 

10   Mr. President, if the sponsor would continue to 

11   yield.

12                SENATOR BONACIC:   I will, of 

13   course.

14                ACTING PRESIDENT AKSHAR:   The 

15   sponsor yields.

16                SENATOR KRUEGER:   Thank you.

17                On the bill, I don't agree with the 

18   sponsor's analysis.  I do think it opens us up to 

19   new language where prosecutors may not be able to 

20   go after backroom illegal gambling, other forms 

21   of poker games, et cetera.

22                Now if the sponsor would continue to 

23   yield.

24                SENATOR BONACIC:   Yes.

25                ACTING PRESIDENT AKSHAR:   The 


                                                               3878

 1   sponsor yields.

 2                SENATOR KRUEGER:   Thank you.

 3                How many other states currently have 

 4   approved online poker?

 5                SENATOR BONACIC:   Three.  Delaware, 

 6   New Jersey, and Nevada.

 7                SENATOR KRUEGER:   Through you, 

 8   Mr. President, if the sponsor will continue to 

 9   yield.

10                SENATOR BONACIC:   Yes.

11                ACTING PRESIDENT AKSHAR:   The 

12   sponsor yields.

13                SENATOR KRUEGER:   How did the 

14   sponsor calculate that it should be 11 companies 

15   and a $10 million license fee for each?  What was 

16   basis of that?

17                SENATOR BONACIC:   What motivated 

18   that was that the racinos and casinos all have 

19   given us a letter of support for online gaming, 

20   and that it would have to be at mortar-and-brick 

21   operations.

22                So that's how we arrived at the 11 

23   licenses.  Each license, each operator that 

24   wanted to have a platform for online gaming would 

25   have to locate it at a racino and pay the 


                                                               3879

 1   $10 million for a 10-year period.  

 2                In addition, it's anticipated that 

 3   from online gaming -- and this is just 

 4   information we've gotten from Caesars and MGM 

 5   when they did it in Vegas, anywhere from 

 6   $33 million to $45 million the first year.  And 

 7   that would be earmarked for education.  

 8                In addition, every racino would 

 9   take, as part of the platform, part of that 

10   action.  So they would be making money 

11   themselves, and then there's a tax of 15 percent.  

12                Now, what inspired us to do this, we 

13   know that there are illegal online gaming 

14   operations going on in the State of New York.  

15   And by passing this legislation, we could then 

16   regulate it, we can monitor it, we could put 

17   consumer protections in, and we can raise money 

18   for education.  That was the motivation to do 

19   this, and job creation.  Because every one of 

20   these platforms of online poker located at a 

21   racino will result in more jobs in the State of 

22   New York.  

23                SENATOR KRUEGER:   Through you, 

24   Mr. President, if the sponsor would continue to 

25   yield.


                                                               3880

 1                SENATOR BONACIC:   Yes, I will.

 2                ACTING PRESIDENT AKSHAR:   The 

 3   sponsor yields.

 4                SENATOR KRUEGER:   So I believe the 

 5   sponsor just answered that the only companies 

 6   that would be allowed to apply for the 11 

 7   licenses are the 11 casino/racino licensees in 

 8   the State of New York already.  Did I understand?  

 9                SENATOR BONACIC:   I think the short 

10   answer is yes.  But as a practical matter, what 

11   happens -- like happened in New Jersey -- is that 

12   let's say a Vegas company wants to get involved, 

13   so they form a partnership with an existing in 

14   this case racino, and then they be -- they would 

15   have part of that enterprise.

16                SENATOR KRUEGER:   Through you, 

17   Mr. President, if the sponsor would continue to 

18   yield.

19                SENATOR BONACIC:   Yes.

20                ACTING PRESIDENT AKSHAR:   The 

21   sponsor yields.

22                SENATOR KRUEGER:   So -- because I'm 

23   afraid I've been confused.  So who is applying 

24   for the license, the casino or some partnership 

25   they join with someone else who doesn't currently 


                                                               3881

 1   have a casino in New York?

 2                SENATOR BONACIC:   Well, first of 

 3   all, we know under this bill the racinos are the 

 4   prime applicant to apply for the license.  Okay?  

 5   We don't know yet if other interests outside the 

 6   State of New York will come and want to partner 

 7   with the racino.  But we are giving priority to a 

 8   New York gaming operation that now provides close 

 9   to $900 million a year for education.

10                SENATOR KRUEGER:   Through you, 

11   Mr. President, if the sponsor would continue to 

12   yield.

13                SENATOR BONACIC:   Yes.

14                ACTING PRESIDENT AKSHAR:   The 

15   sponsor yields.

16                SENATOR KRUEGER:   So we would 

17   license said casino, they might go into their own 

18   separate business deal with someone else who 

19   doesn't already have a license to do any kind of 

20   gambling in New York State.  Would the State of 

21   New York have the right to say we think that's a 

22   bad actor, we don't want you to go into business 

23   with X company even though we've given you a 

24   license to run online poker?  

25                SENATOR BONACIC:   The Gaming 


                                                               3882

 1   Commission would review all those applications, 

 2   and they would be the determining factor.

 3                SENATOR KRUEGER:   Through you, 

 4   Mr. President, if the sponsor would continue to 

 5   yield.

 6                SENATOR BONACIC:   Yes.

 7                ACTING PRESIDENT AKSHAR:   The 

 8   sponsor yields.

 9                SENATOR KRUEGER:   So in certain 

10   other states there's been language within their 

11   legislation about what they refer to as 

12   no-bad-actor clauses in their statutes, so that 

13   companies who have been found to be bad actors in 

14   gambling could not do business in their state.

15                I can't find that clause in this 

16   bill.  Can the sponsor direct me to it?

17                SENATOR BONACIC:   I don't think 

18   you're giving enough credit to the Gaming 

19   Commission.  They will review the eligibility of 

20   any outside applicant.  They will look at deep 

21   pockets.  They will look at prior experience in 

22   whatever else they've been involved in, 

23   especially, you know, if there was a casino from 

24   a Vegas interest.  

25                And most of the interest, if it's 


                                                               3883

 1   going to come, is going to come from the 

 2   heavyweights from Vegas wanting to get involved 

 3   in the New York market.

 4                SENATOR KRUEGER:   Through you, 

 5   Mr. President, if the sponsor would continue to 

 6   yield.

 7                SENATOR BONACIC:   Yes.

 8                ACTING PRESIDENT AKSHAR:   The 

 9   sponsor yields.

10                SENATOR KRUEGER:   So if I 

11   understood the sponsor's previous answer to my 

12   question, the state wouldn't have the authority 

13   to say, No, Casino X, even though we have 

14   licensed you to be one of the 11 online poker 

15   companies in New York State, we wouldn't have the 

16   authority to say "and you cannot go into business 

17   with, for example, Amaya, a company which is 

18   facing serious charges from the Quebec securities 

19   regulators at this time.

20                Where in this bill does it ensure 

21   that our State of New York could stop the 11 

22   licensed casino poker holders from going into 

23   business with bad actors?

24                SENATOR BONACIC:   They would review 

25   all the applications for a partnership agreement 


                                                               3884

 1   with any out-of-state or out-of-country concern, 

 2   for that matter, that wants to have an agreement 

 3   with an existing racino.

 4                SENATOR KRUEGER:   Through you, 

 5   Mr. President, if the sponsor will continue to 

 6   yield.

 7                SENATOR BONACIC:   Yes.

 8                ACTING PRESIDENT AKSHAR:   The 

 9   sponsor yields.

10                SENATOR KRUEGER:   And they would 

11   have the power to pull the license if they didn't 

12   like the proposed partners?

13                SENATOR BONACIC:   They would have 

14   the power to say no, we're not going to allow you 

15   to proceed with this partnership.

16                SENATOR KRUEGER:   Through you, 

17   Mr. President, if the sponsor would continue to 

18   yield.

19                SENATOR BONACIC:   Yes.

20                ACTING PRESIDENT AKSHAR:   The 

21   sponsor yields.

22                SENATOR KRUEGER:   So technically 

23   they're 10-year licenses with a cost of 

24   $10 million, but we could pull that license at 

25   any time for what basis?


                                                               3885

 1                SENATOR BONACIC:   I'm sorry, could 

 2   you please repeat that question, Senator Krueger?  

 3                SENATOR KRUEGER:   As I read the 

 4   bill, there will be 11 companies who can get 

 5   10-year licenses that they're paying $10 million 

 6   to receive the license.  Can we, the State of 

 7   New York, pull that license at any time for any 

 8   reason?  And what are those reasons?

 9                SENATOR BONACIC:   You mean if 

10   things ever went bad, can that be revocable 

11   during the 10-year period?  Is that your 

12   question?

13                SENATOR KRUEGER:   Yes.

14                SENATOR BONACIC:   Okay.  I'm 

15   reading now, on page 5, item 6:  Any person found 

16   suitable by the commission may be issued a 

17   license as an operator or significant vendor.  In 

18   determining suitability, the commission shall 

19   consider factors it deems relevant in its 

20   discretion.  A person of good character -- you 

21   know, when I say person, it could be company -- 

22   honesty, integrity.  Prior activities.  Criminal 

23   records pose a threat to the public interest or 

24   the effective regulation and control.

25                So in my opinion, they could at any 


                                                               3886

 1   time, if they feel, if they see these factors of 

 2   suitability going bad -- like you say, a bad 

 3   actor -- I say they have the power to step in and 

 4   make suggestions to correct the problem.

 5                SENATOR KRUEGER:   Through you, 

 6   Mr. President, if the sponsor --

 7                SENATOR BONACIC:   I'm going to take 

 8   a step further.  I believe they'll have the power 

 9   to revoke it also.  Because when you accept a 

10   license, you say:  I'm going to apply by the 

11   rules of the Gaming Commission, and the 

12   regulations.  And if they violate those rules, 

13   they're going to put their license in jeopardy.

14                SENATOR KRUEGER:   Through you, 

15   Mr. President, if the sponsor will continue to 

16   yield.

17                SENATOR BONACIC:   Yes.

18                ACTING PRESIDENT AKSHAR:   The 

19   sponsor yields.

20                SENATOR KRUEGER:   Thank you.

21                So as I'm hearing the sponsor, he's 

22   making the argument that the commission would 

23   have the right to pull a license because the 

24   section of the law he just read is the section of 

25   the law the applicant is supposed to meet the 


                                                               3887

 1   standards of.  

 2                But as he just described in an 

 3   earlier answer to a question, that applicant may 

 4   go into future business deals with companies who 

 5   are not partners with them at the time that they 

 6   file for the license.  So I might be -- name a 

 7   casino, a racino.  I might be Tioga Downs, I 

 8   apply for a license.  I don't have partners at 

 9   that time, but I later on can bring in partners 

10   to the online poker business, and those partners 

11   might not meet the standards of the state for 

12   being good actors or, in the case of the 

13   language, not bad actors.

14                So the sponsor continues to make the 

15   presentation that after the licensing of the 

16   company, the commission would still have the 

17   authority to pull the license if they went into 

18   business with other actors that you thought were 

19   a problem.

20                SENATOR BONACIC:   It's continuing 

21   suitability.  In other words, they always have to 

22   comply with the standards and the regulations and 

23   the consumer protections.  And all of the items 

24   that we list -- you know, the character, deep 

25   pockets, no criminal record, et cetera, 


                                                               3888

 1   et cetera -- that's an ongoing review for any new 

 2   player during the 10-year term.

 3                Just as a practical matter, I don't 

 4   see many outside interests coming in and 

 5   partnering, necessarily, with the racinos.  I 

 6   think they're going to like that business 

 7   themselves and they're not going to need 

 8   partners.

 9                SENATOR KRUEGER:   Through you, 

10   Mr. President, if the sponsor would continue to 

11   yield.

12                SENATOR BONACIC:   Yes.

13                ACTING PRESIDENT AKSHAR:   The 

14   sponsor yields.

15                SENATOR KRUEGER:   Thank you.

16                So the sponsor, in describing the 

17   scenario in several other states, talked about 

18   the money going to education.  Is the money from 

19   the licensing or the state's share of the take 

20   from the profits required to go to education in 

21   this bill?

22                SENATOR BONACIC:   The license fee 

23   total of $110 million goes to the General Fund.  

24   The proceeds, the 15 percent off the online 

25   gaming, would go to education.


                                                               3889

 1                SENATOR KRUEGER:   Through you, 

 2   Mr. President, if the sponsor would continue to 

 3   yield.

 4                ACTING PRESIDENT AKSHAR:   Does the 

 5   sponsor yield?  

 6                SENATOR BONACIC:   Let me take that 

 7   back.  Let me retract that answer.

 8                The money for the online gaming 

 9   would go in the General Fund, both the 15 percent 

10   and the license fee.  However, we, the state, 

11   could tap that money for the purpose of education 

12   if we're so inclined.

13                SENATOR KRUEGER:   Through you, 

14   Mr. President, if the sponsor would continue to 

15   yield.

16                SENATOR BONACIC:   Yes.  Yes.

17                ACTING PRESIDENT AKSHAR:   The 

18   sponsor yields.

19                SENATOR KRUEGER:   Thank you.  

20                So the sponsor has answered my 

21   question, the money does not go into education.  

22   It's true, anytime there's money in the General 

23   Fund, we might use some of it for education.  But 

24   there's no requirement that this be supplemental 

25   money for education from this kind of gaming.


                                                               3890

 1                SENATOR BONACIC:   That's correct.

 2                SENATOR KRUEGER:   Through you, 

 3   Mr. President, if the sponsor would continue to 

 4   yield.

 5                SENATOR BONACIC:   Yes, I will.

 6                ACTING PRESIDENT AKSHAR:   The 

 7   sponsor yields.

 8                SENATOR BONACIC:   Yes.

 9                SENATOR KRUEGER:   Is there anything 

10   in this bill that prevents Internet online poker 

11   websites from using computer programs to 

12   represent human players by computer -- i.e., 

13   poker bots -- which can be programmed for optimal 

14   play and to increase the amount the human 

15   players are actually betting?  Is there anything 

16   in the law that prevents that from taking place?  

17                SENATOR BONACIC:   The bill 

18   prohibits the use of those bots.

19                SENATOR KRUEGER:   Can you find me 

20   the -- excuse me.  Through you, Mr. President, 

21   can you find me the section that prohibits poker 

22   bots or computer-generated --

23                SENATOR BONACIC:   Give me a second.

24                SENATOR KRUEGER:   Sure.

25                SENATOR BONACIC:   Page 6, line 18, 


                                                               3891

 1   D as in dense:  Appropriate safeguards to ensure 

 2   to a reasonable degree of certainty that the 

 3   interactive gaming is fair and honest and that 

 4   appropriate measures are in place to deter, 

 5   detect and, to the extent reasonably possible, to 

 6   prevent cheating, including collusion and use of 

 7   cheating devices, including use of software 

 8   programs, sometimes referred to as bots, that 

 9   make bets or wagers according to algorithms.

10                SENATOR KRUEGER:   Through you, 

11   Mr. President, if the sponsor would continue to 

12   yield.

13                SENATOR BONACIC:   Yes.

14                ACTING PRESIDENT AKSHAR:   The 

15   sponsor yields.

16                SENATOR BONACIC:   Yes.

17                SENATOR KRUEGER:   How will we, the 

18   State of New York, have access to the computer 

19   systems of the companies doing business with the 

20   licensees to make sure that that's not happening?

21                SENATOR BONACIC:   The Gaming 

22   Commission has to approve the platform that is 

23   put forth to make sure that those kinds of 

24   devices are not included in the platform in any 

25   way.


                                                               3892

 1                SENATOR KRUEGER:   Through you, 

 2   Mr. President, if the sponsor would continue to 

 3   yield.

 4                SENATOR BONACIC:   Yes.

 5                ACTING PRESIDENT AKSHAR:   The 

 6   sponsor yields.

 7                SENATOR KRUEGER:   I appreciate the 

 8   sponsor's answers.  

 9                While it's always -- it's difficult 

10   to monitor computerized businesses because they 

11   don't have a nexus necessarily in the State of 

12   New York, they are somewhere on servers in the 

13   ether, in the cloud, you're going online.  How 

14   will the State of New York be able to 

15   continuously access and regulate that these 

16   aren't added to the system?  Will it have to be 

17   open-source software?  Will it have to be open 

18   source to the Gaming Commission regulators?

19                SENATOR BONACIC:   First of all, 

20   that's a good question.

21                SENATOR KRUEGER:   Thank you.

22                SENATOR BONACIC:   And I like the 

23   depth of your question.

24                The Gaming Commission has to have 

25   access to all the software.  When we went to 


                                                               3893

 1   New Jersey and we met with the gaming regulators, 

 2   all the software had to be presented to them and 

 3   be approved by them before the platform could be 

 4   set up.

 5                And you realize, with this online 

 6   poker, they now have the technology to identify 

 7   every person that's playing has to be in the 

 8   State of New York, has to be over 18 years of 

 9   age, and they know where they are located.  So 

10   that is all built in in the technology.

11                SENATOR KRUEGER:   Through you, 

12   Mr. President, if the sponsor will continue to 

13   yield.

14                SENATOR BONACIC:   Yes, I will.

15                ACTING PRESIDENT AKSHAR:   The 

16   sponsor yields.

17                SENATOR KRUEGER:   So we just had 

18   the discussion about bots being built in to 

19   advantage the company over the players.  There's 

20   also a scenario, apparently -- because this has 

21   been being done in other states and other 

22   countries, and illegally right here in New York 

23   State -- a model where the online gambler 

24   believes that their opponents are all out there 

25   individually working off the same system they 


                                                               3894

 1   are, but in fact there is collusion going on 

 2   where multiple online players are actually 

 3   physically together and colluding to win against 

 4   the person sitting in their home playing.

 5                What in our law would prevent this 

 6   kind of human collusion versus the bot collusion?

 7                SENATOR BONACIC:   I think what we 

 8   found out in Jersey is that they examine betting 

 9   patterns.  And they also have the address of 

10   where these bets come from.  And they become 

11   pretty expert to detect, you know, the things 

12   you're speaking about, to try to prevent that 

13   collusion from happening.

14                SENATOR KRUEGER:   Through you, 

15   Mr. President, if the sponsor will continue to 

16   yield.

17                SENATOR BONACIC:   Yes.

18                ACTING PRESIDENT AKSHAR:   The 

19   sponsor continues to yield.

20                SENATOR KRUEGER:   When the sponsor 

21   says "address," does the sponsor mean IPS {sic} 

22   address for the computer?  

23                SENATOR BONACIC:   Yes, I do.  I do.

24                SENATOR KRUEGER:   But in fact in 

25   the example I just gave, it could be four people 


                                                               3895

 1   with their laptops sitting in one room colluding, 

 2   versus the other player somewhere believing they 

 3   had a fair shot at winning when in fact there was 

 4   collusion going on.

 5                How could we track that?  Because 

 6   the IPS for the --

 7                SENATOR BONACIC:   If you had four 

 8   people in the same room playing with the same 

 9   computer, it would still --

10                SENATOR KRUEGER:   Four computers in 

11   the same room.  Four laptops sitting together.  

12   Through you, Mr. President.  

13                SENATOR BONACIC:   As I understand 

14   it, it would still be the IPS address.

15                SENATOR KRUEGER:   Through you, 

16   Mr. President, I think that would only be true if 

17   they were all on the same wireless network, not 

18   if they were -- my understanding is you can use 

19   these games on a cellphone, a smartphone, an 

20   iPad, a laptop computer.  So --

21                ACTING PRESIDENT AKSHAR:   Senator 

22   Krueger, are you on the bill or are you asking a 

23   question?  

24                SENATOR KRUEGER:   I'm asking a 

25   question, through you, Mr. President.


                                                               3896

 1                Since that's my understanding of how 

 2   it happens, I don't understand the sponsor's 

 3   answer that they would be able to track by 

 4   address.

 5                ACTING PRESIDENT AKSHAR:   Senator 

 6   Bonacic, can you clarify your answer?

 7                SENATOR BONACIC:   Yeah.

 8                Senator Krueger, they're still going 

 9   to analyze the betting patterns.

10                You know, the thrust of many of your 

11   questions seems to be that -- how do we get rid 

12   of the cheats or those that want to beat the 

13   system on online gaming.  And what I'm suggesting 

14   to you is that the gaming regulations are tight.  

15   They monitor, they regulate.  They do talk to 

16   people in New Jersey to see -- so they can get up 

17   to speed and do it efficiently if and when this 

18   were to proceed.  

19                But I believe it's a very 

20   insignificant portion of online gaming that 

21   you're concerned about, and it doesn't go to the 

22   thrust of whether or not online gaming is 

23   something that deserves merit or not.

24                And I don't mean to demean your path 

25   of questioning.  But, you know, I would probably 


                                                               3897

 1   have to have technology people come in here that 

 2   have worked with this stuff, more intelligent 

 3   than I, to try to answer your questions, maybe 

 4   with perhaps more clarity.

 5                SENATOR KRUEGER:   Through you, 

 6   Mr. President, if the sponsor will continue to 

 7   yield.

 8                SENATOR BONACIC:   Yes.

 9                ACTING PRESIDENT AKSHAR:   The 

10   sponsor continues to yield.

11                SENATOR KRUEGER:   Thank you.  

12                I think the sponsor is getting at 

13   some of the concerns I have with online gaming, 

14   which is it's a whole new world of transference 

15   of your money to someone out there.  It's not 

16   bricks and mortar.  With a bricks-and-mortar 

17   gambling arrangement, there are people walking 

18   around, you can theoretically see what's going 

19   on.  While here, it's all on a computer or a 

20   phone through the Internet.

21                And so there has been some research 

22   raising questions about that with Internet access 

23   to computer gambling, the opportunity for 

24   fraudulent activity is enormous.  And the ability 

25   for someone who may be defrauded for getting 


                                                               3898

 1   resolution to the problem is extremely difficult.  

 2                So if the sponsor would continue to 

 3   yield.

 4                SENATOR BONACIC:   I would.  

 5                And there are 11 other states that 

 6   this is pending in.

 7                ACTING PRESIDENT AKSHAR:   The 

 8   sponsor continues to yield.

 9                SENATOR KRUEGER:   Under this law, 

10   if I chose to participate in online poker and at 

11   some later date it was discovered that in fact 

12   that company, whoever it was, or their subsidiary 

13   or their contracted, I don't know, online 

14   whomever, had in fact been defrauding players, 

15   would the state make good to the players who were 

16   defrauded?  Could the state make the companies 

17   make good to the defrauded players for their loss 

18   of bets?  

19                SENATOR BONACIC:   Senator Krueger, 

20   there was incidents back in 2011 where this 

21   actually happened, where in Internet poker they 

22   tapped the money, the bets, and took it away.  

23   And the U.S. Attorney General moved in and 

24   created a settlement of about $750 million and 

25   returned the money.


                                                               3899

 1                As we go forward with this online 

 2   gaming, the money has to be segregated and 

 3   escrowed in an escrow account.  It cannot be 

 4   commingled with any other operating expenses of 

 5   the vendor.  Like an attorney escrow account, 

 6   this would be like a vendor's escrow account, 

 7   which would be monitored to ensure that that 

 8   happens.

 9                That's one of the consumer 

10   protections of this legislation that may not 

11   exist with the illegal online stuff going on.

12                SENATOR KRUEGER:   Through you, 

13   Mr. President, if the sponsor would continue to 

14   yield.

15                SENATOR BONACIC:   Yes.

16                ACTING PRESIDENT AKSHAR:   The 

17   sponsor continues to yield.

18                SENATOR KRUEGER:   A common pattern 

19   to draw people into playing online poker and 

20   other online gaming activities is to offer 

21   free-to-play versions of the game, which of 

22   course then get people comfortable playing before 

23   they start the real betting, can get young people 

24   not legally eligible to play involved in the 

25   gaming.


                                                               3900

 1                Is there anything in this bill that 

 2   would prevent these licensees from offering 

 3   free-to-play versions?  

 4                SENATOR BONACIC:   Okay.  First of 

 5   all, you have to be 21 in order to play online 

 6   gaming.  You have to verify with the applicant 

 7   that -- they do a background check, they have to 

 8   prove that they are 21.  And so anyone under 21, 

 9   you know, will not have access to play this game.  

10   Unless they have an adult in the room and 

11   they're, you know, telling the adult to bet for 

12   me.  But as a practical matter, anyone under 21 

13   cannot play.

14                And free play is probably something 

15   they do now with racinos, and they will in 

16   casinos, and they probably will do in online 

17   poker, to get people interested in playing online 

18   poker, as you would to come to a racino or a 

19   casino.

20                SENATOR KRUEGER:   Through you, 

21   Mr. President, if the sponsor would continue to 

22   yield.

23                SENATOR BONACIC:   Yes.

24                ACTING PRESIDENT AKSHAR:   The 

25   sponsor continues to yield.


                                                               3901

 1                SENATOR KRUEGER:   I am over 21, I 

 2   open up the account.  How does anyone know 

 3   whether I have given access to someone under 21 

 4   to use my account to play?

 5                SENATOR BONACIC:   Well, the 

 6   question is when I want to set up an account, I 

 7   have to prove I'm over 21.  Okay?  When they want 

 8   to set up an escrow account to bet, so they place 

 9   money with the vendor in an escrow account.  And 

10   that's what they play off.  All right?  

11                Your question is how do you prevent 

12   an applicant who's over 21 from letting someone 

13   under 21 play?  Would that be the same question 

14   as if you're allowed to use marijuana in 

15   Colorado, why wouldn't I let my children use it?

16                I mean, there's some things that's 

17   commonsense and practical.  Maybe that may go on 

18   in an extremely isolated case.  But I don't see a 

19   father or a mother trying to get their kids 

20   involved in online gaming.  Maybe fantasy sports, 

21   but not online gaming.

22                (Laughter.)

23                SENATOR KRUEGER:   We can save that 

24   debate till whenever you like.

25                Through you, Mr. President, if the 


                                                               3902

 1   sponsor would continue to yield.

 2                SENATOR BONACIC:   Yes, of course.

 3                ACTING PRESIDENT AKSHAR:   The 

 4   sponsor continues to yield.

 5                SENATOR KRUEGER:   So the sponsor 

 6   assumed a parent was doing this for their child.  

 7   Not so likely.  The scenarios of teenagers 

 8   getting 21-year-olds to buy them liquor, 

 9   cigarettes, perhaps in certain states marijuana, 

10   is usually not the story of getting a parent to 

11   do it.

12                But if I am a teenager who wants or 

13   has already developed an addiction for this game, 

14   I find some adult -- probably not the most 

15   responsible adult, probably not a parent -- to 

16   open an account, and I'm putting the money in.  

17   How will we ever know that and be able to stop 

18   that?  

19                If I'm under 21 and I walk into a 

20   casino, somebody's going to, I assume, ID me and 

21   say it's not a legitimate ID and not allow me to 

22   play.  But I don't think there's a parallel 

23   safety valve in online gaming.

24                SENATOR BONACIC:   First of all, if 

25   you get someone under 21 that wants to play this 


                                                               3903

 1   game, normally the adult is putting up the money.  

 2   Normally.  So I would think an adult who's 

 3   putting up the money may not want to allow 

 4   someone under 21 to play.

 5                But assuming it's the one under 21 

 6   that's putting up the money, okay, when they 

 7   apply, that person that's 21, they check their 

 8   bank accounts, their credit line.  And again, 

 9   they look at betting patterns.  So if money is 

10   being bet by an adult but it's really someone 

11   under 21, and they see no change in patterns from 

12   a bank account, from a credit line -- again, 

13   they're going to look at betting patterns and be 

14   able to investigate and target that adult, sooner 

15   or later.

16                SENATOR KRUEGER:   Through you, 

17   Mr. President, if the sponsor would continue to 

18   yield.

19                SENATOR BONACIC:   Yes, I will.

20                ACTING PRESIDENT AKSHAR:   The 

21   sponsor continues to yield.

22                SENATOR KRUEGER:   So they research 

23   you before you open an account.  What does the 

24   law say about when they're supposed to cut you 

25   off?  


                                                               3904

 1                In casinos we have triggers for 

 2   problem gambling and actually the ability to cut 

 3   someone off.  What would be the sections of our 

 4   law here tonight that would limit people from 

 5   overspending their line of credit, for drawing 

 6   down on credit cards to pay off the continuing 

 7   debt they are building up from the online poker, 

 8   even though it's not gambling?

 9                SENATOR BONACIC:   Page 6, line 24, 

10   E, as in easy:  Appropriate safeguards to 

11   minimize compulsive gaming and to provide notice 

12   to participants of resources to help problem 

13   gamblers.

14                SENATOR KRUEGER:   Through you, 

15   Mr. President, if the sponsor would continue to 

16   yield.

17                SENATOR BONACIC:   I will.

18                ACTING PRESIDENT AKSHAR:   The 

19   sponsor continues to yield.

20                SENATOR KRUEGER:   So we're not 

21   setting up those standards, we're just saying 

22   they should exist somewhere.

23                SENATOR BONACIC:   Again, the Gaming 

24   Commission does this.

25                SENATOR KRUEGER:   Through you, 


                                                               3905

 1   Mr. President, if the sponsor will continue to 

 2   yield.

 3                SENATOR BONACIC:   Yes.

 4                ACTING PRESIDENT AKSHAR:   The 

 5   sponsor continues to yield.

 6                SENATOR KRUEGER:   So in the other 

 7   states where the sponsor I think took field 

 8   trips, what standards did they use?  

 9                SENATOR BONACIC:   You mean what do 

10   they have now over there in Jersey?

11                SENATOR KRUEGER:   Sure.

12                SENATOR BONACIC:   Because that's 

13   the place that we went.

14                SENATOR KRUEGER:   That's the base 

15   place you visited.

16                SENATOR BONACIC:   Well, I think you 

17   come in -- this is my recollection now -- you 

18   sign a personal information card where you talk 

19   of your age, you talk of your credit line, you 

20   talk of your bank accounts, you give your 

21   address, and you give money which will go in an 

22   escrow account.  And then you can only play in 

23   New Jersey.  And when you place a bet, they know 

24   where you are and they watch your patterns.

25                SENATOR KRUEGER:   Through you, 


                                                               3906

 1   Mr. President, if the sponsor will continue to 

 2   yield.

 3                SENATOR BONACIC:   Yes.

 4                ACTING PRESIDENT AKSHAR:   The 

 5   sponsor continues to yield.

 6                SENATOR KRUEGER:   Thank you.

 7                SENATOR BONACIC:   Oh, by the way, 

 8   one other thing I may add.

 9                Sometimes someone will say, "You 

10   know what, I can't handle my gambling, I don't 

11   want you to let me play anymore."  And then no 

12   matter where they go, they're cut off from 

13   placing a bet.  On online gaming, that is.

14                SENATOR KRUEGER:   Through you.  

15   Mr. President, if the sponsor would continue to 

16   yield.

17                SENATOR BONACIC:   Yes.

18                ACTING PRESIDENT AKSHAR:   The 

19   sponsor continues to yield.

20                SENATOR KRUEGER:   Thank you.

21                So as he just explained, you have an 

22   escrow account and you draw down from that.  

23   Under this law, would I be allowed to refill the 

24   escrow account just through a credit card line of 

25   credit as opposed to documenting I actually had 


                                                               3907

 1   money in the bank to pay for my continuing 

 2   gambling losses, assuming I was going to keep 

 3   losing?  

 4                SENATOR BONACIC:   I don't know the 

 5   answer to that question.  But I do know that the 

 6   money must be deposited, and we know it's cleared 

 7   before they can continue online betting.  Because 

 8   it's not like you can do an overdraft on what's 

 9   in the escrow account.  Once that money runs out, 

10   you run out playing online poker.

11                SENATOR KRUEGER:   Through you, 

12   Mr. President, if the sponsor will continue to 

13   yield.

14                SENATOR BONACIC:   Yes.

15                ACTING PRESIDENT AKSHAR:   The 

16   sponsor continues to yield.

17                SENATOR KRUEGER:   Thank you.  

18                My understanding is that Senator 

19   Lindsay Graham carries a federal bill nicknamed 

20   RAWA, R-A-W-A, Restoration of Americans Wire Act, 

21   and that if this bill passes, New York State and 

22   the other states would not actually have the 

23   authority to have online gambling.

24                Would New York have to pay back all 

25   the license fees in that situation?


                                                               3908

 1                SENATOR BONACIC:   Why -- what are 

 2   you assuming that triggers a repayment of the 

 3   license fees?  That it's a violation of the Wire 

 4   Act, is that your question?  

 5                SENATOR KRUEGER:   That it would be 

 6   federal preemption, we could no longer have 

 7   online gaming.  So would we have to pay back the 

 8   license fees?

 9                SENATOR BONACIC:   Are you talking 

10   as we go forward?  Or something that's 

11   interpreted that existed in 1961, the Wire Act, 

12   and that the state has violated it?  I'm not 

13   clear what's your question.  

14                SENATOR KRUEGER:   Not going -- 

15   through you, Mr. President.

16                ACTING PRESIDENT AKSHAR:   Senators, 

17   through the chair.  Thank you.  

18                SENATOR KRUEGER:   I was not going 

19   back in time, I was going forward.

20                If the federal government does pass 

21   their RAWA act, a new federal law, would it not 

22   supersede our ability to have online gambling and 

23   hence the licenses would no longer be good, and 

24   hence would we have to pay back the people who 

25   gave us the licensing fees?


                                                               3909

 1                ACTING PRESIDENT AKSHAR:   Senator 

 2   Bonacic.

 3                SENATOR BONACIC:   First of all, if 

 4   the federal government, as it went forward, 

 5   prohibited this, we would have to terminate all 

 6   online gaming.  And any money in the escrow 

 7   accounts of the bettors would have to be 

 8   returned.

 9                Your question is as to the license 

10   fees?  

11                SENATOR KRUEGER:   Would we have to 

12   give the license fees back?

13                SENATOR BONACIC:   Now, I don't know 

14   the exact answer to that question.  But I would 

15   suggest that it would be apportioned.  If they 

16   had, you know, five years of online gaming and 

17   then it was preempted by the federal government 

18   saying you couldn't do it anymore, I would think 

19   what's fair, you have to return, you know, 

20   five-tenths of the money back.  

21                I'm just being practical now, and I 

22   don't know -- you know, we never faced that 

23   situation, nor any other state has faced it.  But 

24   you asked a hypothetical question, I gave you a 

25   hypothetical answer.


                                                               3910

 1                SENATOR KRUEGER:   Through you, 

 2   Mr. President, on the bill.

 3                ACTING PRESIDENT AKSHAR:   Senator 

 4   Krueger on the bill.

 5                SENATOR KRUEGER:   I want to thank 

 6   the sponsor for his answers.

 7                I just keep standing up on the floor 

 8   of the Senate and saying I don't think I'm 

 9   opposed to all these gambling bills, I just can't 

10   find one I like.  And tonight is no different.  

11                Tonight, despite the difference of 

12   opinion about whether online poker is gambling -- 

13   you're betting money, you're taking a chance with 

14   your betting of money, it's a game called poker 

15   that many of us have known, perhaps known how to 

16   play, perhaps have played throughout generations.  

17   It's gambling.  

18                Now, we've legalized many other 

19   forms of gambling.  The concern I have unique to 

20   the online gambling that we're having discussions 

21   about tonight and perhaps in the near future 

22   around fantasy sports -- also, for the record, 

23   gambling -- is that they're disproportionately 

24   more addictive types of gambling.

25                When you go to a casino, you 


                                                               3911

 1   actually have to go there.  If you're there for 

 2   more than a couple of days, there's a good  

 3   chance somebody's going to go:  Where the hell 

 4   did Liz go, what's going on, maybe we should 

 5   check on her.

 6                With online gambling, it can be your 

 7   smartphone in your pocket, it can be your laptop 

 8   computer.  Your credit card information is 

 9   already downloaded.  You have an escrow account 

10   that you can easily refill.  And so it makes the 

11   ability to place the bet so much easier, and it 

12   makes it a 24-hour, seven-day-a-week, wherever- 

13   you-are-at-that-moment-in-time-in-the-State- 

14   of-New-York opportunity.  And so for me, and in 

15   some of the research I have started to do, it 

16   shows that it is in fact a much more addictive 

17   kind of gambling.

18                Now, that is probably why major 

19   companies involved with gambling are very excited 

20   about the opportunity to increase online 

21   gambling, because they know they will make an 

22   enormous amount of money on it.  

23                We, the state, might make some money 

24   on it, although unfortunately in this bill it's 

25   not money that's going to be dedicated to 


                                                               3912

 1   education or increase funding for education, 

 2   because if it goes into the General Fund it's 

 3   likely to just be a replacement for General Fund 

 4   monies we would spend on education.  

 5                So I am very worried.  It's more 

 6   addictive.  The research is starting to show that 

 7   it's actually much more addictive than other 

 8   kinds of gambling we have already legalized.  It 

 9   makes the likelihood of impulse betting and 

10   chasing losses much greater compared to locations 

11   where you have to physically get money from a 

12   bank machine and then go place it on a table or, 

13   I guess in our casinos, buy the debit card to put 

14   in the slot machine.  It makes access to gambling 

15   just one click away to your online bank account 

16   and then your online poker account.

17                It is true that there are some 

18   states legalizing this.  There are many states 

19   not, and many countries not.  And 

20   disproportionately they are concerned about the 

21   regulation and the difficulties of actually 

22   tracking what goes on once you open the door to 

23   online poker.

24                It is also true that this industry 

25   and the fantasy sports industry, if and when we 


                                                               3913

 1   get to that debate, are specifically targeting 

 2   young male adults, teaching them how they love 

 3   this, they need to play this, they need to play 

 4   it over and over again -- more variations, more 

 5   pressing of the button to give that money over so 

 6   that they can make the bet or the not-bet, if we 

 7   don't recognize its gambling.  But it's gambling.  

 8                It's real money out there.  I 

 9   actually fear, Mr. President, we're starting to 

10   turn our country into the next generation of what 

11   I call zombies.  They stay up all night already 

12   playing these interactive, often violent games on 

13   their computers.  It's just the next step to 

14   betting money on the outcomes of the activities 

15   they've already grown so addicted to.

16                We don't talk to each other anymore.  

17   We apparently don't even need to go anyplace, we 

18   can just sit with our devices and become junkies 

19   on our computer devices, living zombies gambling 

20   away an enormous amount of our disposable income.

21                I wish I was wrong, but I am quite 

22   sure that this is going to prove to do great harm 

23   to our society.  And it's bigger than New York, 

24   and it's bigger than this online poker bill.

25                The irony is we talk all the time 


                                                               3914

 1   about wanting to improve development activities 

 2   in the State of New York, we want to build more 

 3   jobs, we want to ensure people have living wages, 

 4   we want to increase the activity in our 

 5   communities, whether they're small towns or big 

 6   cities.

 7                The thing about online gaming, it 

 8   doesn't create jobs.  It just takes all your 

 9   disposable income and moves it to that little 

10   device and the house.  Which means you don't have 

11   your disposable income to go out to your 

12   neighborhood restaurant or your neighborhood 

13   store or to take your kids on a trip or any of 

14   the other things that we think are good things 

15   for our society and good things for our economy.  

16                So I think we make a grave mistake 

17   in New York, far graver than the mistakes we've 

18   made so far in gambling, if we open our doors to 

19   online gaming.  Whether you call it gambling or 

20   not, it's gambling.  And this kind of gambling is 

21   exceptionally dangerous.  

22                I would urge all my colleagues to 

23   think hard and then vote no on this bill.  

24                Thank you, Mr. President.

25                SENATOR DeFRANCISCO:   Last section.


                                                               3915

 1                SENATOR BONACIC:   On the bill.

 2                ACTING PRESIDENT AKSHAR:   Senator 

 3   Bonacic.

 4                SENATOR BONACIC:   First of all, 

 5   Senator Krueger does not like gaming, does not 

 6   like maybe playing poker, whether it's Texas 

 7   Hold'em or Omaha poker.  But what has happened in 

 8   the last few years, they have the Poker World 

 9   Series, and you watch it on television.  And it's 

10   intimidating for the way some of the people look 

11   around that table -- some have sunglasses on, 

12   some have a hood on -- but you like to watch the 

13   game.

14                And they did research that over, 

15   say, a million hands of poker, 75 percent of 

16   those people that had the best hands folded, as a 

17   testament to a game of skill.  

18                It's true, the young people like 

19   their smartphones, they like their iPads, they 

20   like the Internet and they like the computer.  

21   And they enjoy playing poker.  They do.  Some 

22   people do.  

23                But I tend to disagree with you, I 

24   think the slot machines at a racino or a casino 

25   are much more addictive than playing poker.


                                                               3916

 1                But let's get back to online poker.  

 2   What this environment does, for people that want 

 3   to try it and are intimidated to go into a casino 

 4   or a racino -- and by the way, they're lucky if 

 5   10 percent of the people that play online poker 

 6   go to the casino for the live action.  They 

 7   dabble with it in their house.  You can play a 

 8   game of poker for pennies.  It's a recreational 

 9   activity that a lot of people like.

10                So I say if that's true and people 

11   make choices on how they want to spend their 

12   money, we should give them the opportunity to 

13   play online poker and control the abuses that go 

14   on.  We can regulate it, monitor it, consumer 

15   protections, and basically weed out all the bad 

16   actors that are playing -- or offering online 

17   poker now in the State of New York.

18                That's what this legislation does.  

19   And as practical matter, it's tied to our 

20   racinos, who do tremendous work themselves for 

21   education.  It does increase jobs, and it allows 

22   our racinos to make some more money.  And that's 

23   all home-based businesses.

24                So, you know, whether you like poker 

25   or not, I think people are going to play it one 


                                                               3917

 1   way or the other, and we might as well control 

 2   it.  

 3                For that reason, Mr. President, I 

 4   vote yes.

 5                ACTING PRESIDENT AKSHAR:   Senator 

 6   Bonacic to be recorded in the affirmative.

 7                Are there any other members wishing 

 8   to be heard?

 9                Seeing none, the debate is closed.  

10   The Secretary will ring the bell.

11                Can I have some order in the house, 

12   please {gaveling}.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   Yes, we're -- 

15   let me just give you a message.

16                Mr. President, would you call the 

17   roll on this?  

18                Before we do, though, I don't know 

19   if it's been mentioned yet, but today is Senator 

20   Bonacic's birthday.

21                (Cheers; applause.)

22                SENATOR DeFRANCISCO:   And his 

23   birthday present was the Senator Krueger debate.  

24                (Laughter.)

25                SENATOR DeFRANCISCO:   So he'll 


                                                               3918

 1   remember this forever.

 2                ACTING PRESIDENT AKSHAR:   Happy 

 3   birthday, Senator Bonacic.

 4                SENATOR DeFRANCISCO:   Could you 

 5   call the roll, please.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 5.  This 

 9   act shall take effect on the 180th day.

10                SENATOR GIANARIS:   Mr. President, 

11   point of order.  Can you please read the calendar 

12   number?  I know we're doing three successive 

13   votes, so just so everyone knows what we're 

14   doing.

15                ACTING PRESIDENT AKSHAR:   1403.

16                THE SECRETARY:   Two.

17                ACTING PRESIDENT AKSHAR:   Excuse 

18   me, 1402.

19                Call the roll.

20                (The Secretary called the roll.)

21                SENATOR DeFRANCISCO:   Go ahead.

22                ACTING PRESIDENT AKSHAR:   Okay, 

23   just so everybody is clear, we're on Calendar 

24   Number 1402.

25                Call the roll.


                                                               3919

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT AKSHAR:   Announce 

 3   the result.

 4                THE SECRETARY:   In relation to 

 5   Calendar 1402, those recorded in the negative are 

 6   Senators Hoylman, Krueger, Lanza, LaValle and 

 7   Marcellino.

 8                Absent from voting:  Senators 

 9   Espaillat, Martins and Sanders.

10                Ayes, 53.  Nays, 5.

11                ACTING PRESIDENT AKSHAR:   The bill 

12   is passed.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   If we can now 

15   go to Calendar 913, for the purposes of taking a 

16   vote.

17                ACTING PRESIDENT AKSHAR:   The 

18   Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   913, by Senator Lanza, Senate Print 4505, an act 

21   to prohibit the expenditure.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3920

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT AKSHAR:   Announce 

 5   the result.

 6                THE SECRETARY:   In relation to 

 7   Calendar 913, those recorded in the negative are 

 8   Senators Breslin, Dilan, Gianaris, Hamilton, 

 9   Hassell-Thompson, Hoylman, Krueger, Latimer, 

10   Montgomery, Panepinto, Peralta, Perkins, Persaud, 

11   Rivera, Sanders, Serrano, Squadron, Stavisky and 

12   Stewart-Cousins.  Also Senator Kaminsky.

13                Absent from voting:  Senators 

14   Espaillat and Martins.

15                Ayes, 39.  Nays, 20.

16                ACTING PRESIDENT AKSHAR:   The bill 

17   is passed.

18                SENATOR DeFRANCISCO:   Can we now 

19   take up Calendar 1566, for the purposes of a 

20   vote.

21                ACTING PRESIDENT AKSHAR:   The 

22   Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   1566, by Senator Funke, Senate Print 6733, an act 

25   to authorize.


                                                               3921

 1                ACTING PRESIDENT AKSHAR:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT AKSHAR:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT AKSHAR:   Senator 

 9   Stavisky to explain her vote.

10                SENATOR STAVISKY:   Yeah, I can do 

11   it in one sentence.  

12                This bill would exclude a large 

13   percentage of my Senate district, people who have 

14   artistic ability.  It's nativism, it's just 

15   the -- sends the worst message possible.  

16                I vote no.

17                ACTING PRESIDENT AKSHAR:   Senator 

18   Stavisky to be recorded in the negative.

19                Announce the result.

20                THE SECRETARY:   In relation to 

21   Calendar 1566, those recorded in the negative are 

22   Senators Addabbo, Breslin, Dilan, Hamilton, 

23   Hoylman, Kaminsky, Krueger, Latimer, Montgomery, 

24   Perkins, Rivera, Sanders, Serrano, Squadron, 

25   Stavisky and Stewart-Cousins.  Also Senator 


                                                               3922

 1   Comrie.  Also Senator Peralta.

 2                Absent from voting:  Senators 

 3   Espaillat and Martins.

 4                Ayes, 41.  Nays, 18.

 5                ACTING PRESIDENT AKSHAR:   The bill 

 6   is passed.

 7                Senator DeFrancisco, that completes 

 8   the controversial reading of the calendar.

 9                SENATOR DeFRANCISCO:   Yes, may we 

10   now return to motions and resolutions.

11                ACTING PRESIDENT AKSHAR:   Motions 

12   and resolutions.

13                SENATOR DeFRANCISCO:   On page 18, I 

14   offer the following amendments to Calendar 721, 

15   Senate Print 6471A, by Senator Martins, and ask 

16   that said bill retain its place on Third Reading 

17   Calendar.

18                ACTING PRESIDENT AKSHAR:   The 

19   amendments are received.  The bill shall remain 

20   on the Third Reading Calendar.

21                SENATOR DeFRANCISCO:   Okay.  I'd 

22   like to call on Senator Gianaris for the purposes 

23   of an announcement.

24                ACTING PRESIDENT AKSHAR:   Senator 

25   Gianaris.


                                                               3923

 1                SENATOR GIANARIS:   Thank you, 

 2   Mr. President.

 3                I would actually ask you to call on 

 4   Senator Serrano to announce conference for us.

 5                ACTING PRESIDENT AKSHAR:   Senator 

 6   Serrano.

 7                SENATOR SERRANO:   Okay.  So,  

 8   Mr. President, I'm calling an immediate meeting 

 9   of the Democratic Conference in Room 315.

10                ACTING PRESIDENT AKSHAR:   There 

11   will be an immediate meeting of the Democratic 

12   Conference in Room 315.

13                SENATOR DeFRANCISCO:   And for those 

14   on Working Rules, we're going to meet in Beth 

15   Garvey's office immediately.

16                ACTING PRESIDENT AKSHAR:   Working 

17   Rules to Beth Garvey's office immediately.  

18                SENATOR DeFRANCISCO:   And we are 

19   going to stand at ease till 4:15.

20                MULTIPLE VOICES:  4:15?

21                SENATOR DeFRANCISCO:   I was just 

22   checking.

23                (Laughter.) 

24                SENATOR DeFRANCISCO:   It's 8:15.  

25   8:15.  


                                                               3924

 1                And we will then be calling a 

 2   Rules Committee meeting, and hopefully have one 

 3   more calendar tonight, to do the 

 4   noncontroversial.  And hopefully that will be it, 

 5   but we'll play it by ear.

 6                ACTING PRESIDENT AKSHAR:   The 

 7   Senate will stand at ease until 8:15.

 8                (Whereupon, the Senate stood at ease 

 9   at 7:32 p.m.)

10                (Whereupon, the Senate reconvened at 

11   8:49 p.m.)

12                ACTING PRESIDENT GRIFFO:   The 

13   Senate will come to order.

14                Senator DeFrancisco.

15                SENATOR DeFRANCISCO:   Is there a 

16   report of the Rules Committee at the desk?

17                ACTING PRESIDENT GRIFFO:   There is 

18   a report of the Rules Committee at the desk.  

19                The Secretary will read.

20                THE SECRETARY:   Senator Flanagan, 

21   from the Committee on Rules, reports the 

22   following bills:  

23                Senate Print 91, by Senator 

24   Gallivan, an act to amend the Vehicle and Traffic 

25   Law; 


                                                               3925

 1                Senate 490B, by Senator LaValle, an 

 2   act to amend the Education Law; 

 3                Senate 894A, by Senator Avella, 

 4   Concurrent Resolution of the Senate and Assembly; 

 5                Senate 1471, by Senator Golden, an 

 6   act to amend the Insurance Law; 

 7                Senate 1913A, by Senator Little, an 

 8   act to amend the Real Property Tax Law; 

 9                Senate 2264, by Senator Griffo, an 

10   act establishing; 

11                Senate 3288A, by Senator Golden, an 

12   act to amend the Public Health Law; 

13                Senate 3344B, by Senator Lanza, an 

14   act to require; 

15                Senate 4089C, by Senator Young, an 

16   act to amend the Education Law; 

17                Senate 4540A, by Senator Seward, an 

18   act to amend the Insurance Law; 

19                Senate 4645A, by Senator O'Mara, an 

20   act in relation to authorizing; 

21                Senate 4741B, by Senator Golden, an 

22   act to amend the Education Law; 

23                Senate 4809A, by Senator Murphy, an 

24   act to amend the Tax Law; 

25                Senate 4985B, by Senator Martins, an 


                                                               3926

 1   act to amend the Retirement and Social Security 

 2   Law; 

 3                Senate 4987B, by Senator Martins, an 

 4   act to amend the Retirement and Social Security 

 5   Law; 

 6                Senate 5012A, by Senator Golden, an 

 7   act to amend the Retirement and Social Security 

 8   Law; 

 9                Senate 5711A, by Senator Martins, an 

10   act in relation to granting; 

11                Senate 6081A, by Senator Hannon, an 

12   act to amend the Public Health Law; 

13                Senate 6698, by Senator Gallivan, an 

14   act in relation to granting; 

15                Senate 6827A, by Senator Avella, an 

16   act to amend the Election Law; 

17                Senate 6960A, by Senator O'Mara, an 

18   act to amend the Agriculture and Markets Law; 

19                Senate 6987, by Senator Amedore, an 

20   act to amend the Tax Law; 

21                Senate 7040, by Senator Amedore, an 

22   act to amend Chapter 218 of the Laws of 2009; 

23                Senate 7057A, by Senator 

24   DeFrancisco, an act to amend the Penal Law; 

25                Senate 7307A, by Senator Young, an 


                                                               3927

 1   act to amend the Public Health Law; 

 2                Senate 7343, by Senator Montgomery, 

 3   an act to authorize; 

 4                Senate 7511, by Senator Gallivan, an 

 5   act in relation to establishing; 

 6                Senate 7608A, by Senator Lanza, an 

 7   act to amend the State Finance Law; 

 8                Senate 7636, by Senator Croci, an 

 9   act to amend the Retirement and Social Security 

10   Law; 

11                Senate 7722, by Senator Lanza, an 

12   act to amend the State Finance Law; 

13                Senate 7876, by Senator Lanza, an 

14   act to amend the Tax Law; 

15                Senate 7892, by Senator DeFrancisco, 

16   an act to amend the State Finance Law; 

17                Senate 7893, by Senator DeFrancisco, 

18   an act to amend the State Finance Law; 

19                Senate 7924, by Senator 

20   Hassell-Thompson, an act authorizing; 

21                Senate 8095, by Senator Avella, an 

22   act to amend the Real Property Tax Law; 

23                And Senate 8102, by Senator Klein, 

24   an act to amend the General Business Law.

25                All bills reported direct to third 


                                                               3928

 1   reading.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   DeFrancisco.

 4                SENATOR DeFRANCISCO:   I move to 

 5   accept the report of the Rules Committee.

 6                ACTING PRESIDENT GRIFFO:   All in 

 7   favor of accepting the Committee on Rules report 

 8   say aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT GRIFFO:   Opposed?  

11                (No response.)

12                ACTING PRESIDENT GRIFFO:   The 

13   Committee on Rules report has been accepted and 

14   is before the house.

15                Senator DeFrancisco.

16                SENATOR DeFRANCISCO:   Can we now 

17   return to messages from the Assembly.

18                ACTING PRESIDENT GRIFFO:   We will 

19   return to messages from the Assembly.

20                The Secretary will read.

21                Order in the house, please.

22                THE SECRETARY:   Senator Golden 

23   moves to discharge, from the Committee on Rules, 

24   Assembly Bill Number 7146A and substitute it for 

25   the identical Senate Bill 5012A, Third Reading 


                                                               3929

 1   Calendar 1730.

 2                Senator O'Mara moves to discharge, 

 3   from the Committee on Agriculture, Assembly Bill 

 4   Number 9310A and substitute it for the identical 

 5   Senate Bill 6960A, Third Reading Calendar 1735.

 6                Senator Amedore moves to discharge, 

 7   from the Committee on Rules, Assembly Bill Number 

 8   9646 and substitute it for the identical Senate 

 9   Bill 7040, Third Reading Calendar 1737.

10                And Senator Lanza moves to 

11   discharge, from the Committee on Rules, 

12   Assembly Bill Number 10296 and substitute it for 

13   the identical Senate Bill 7722, Third Reading 

14   Calendar 1744.

15                ACTING PRESIDENT GRIFFO:   The 

16   substitutions are so ordered.

17                Senator DeFrancisco.

18                SENATOR DeFRANCISCO:   Can we return 

19   to motions and resolutions.

20                ACTING PRESIDENT GRIFFO:   We will 

21   return to motions and resolutions.

22                Senator DeFrancisco.

23                SENATOR DeFRANCISCO:   Can you 

24   please call on Senator Valesky.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               3930

 1   Valesky.

 2                SENATOR VALESKY:   Thank you, 

 3   Mr. President.  

 4                On behalf of Senator Avella, I wish 

 5   to call up his bill 7983A, recalled from the 

 6   Assembly, which is now at the desk.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   1520, by Senator Avella, Senate Print 7983A, an 

11   act to amend the Social Services Law.

12                SENATOR VALESKY:   I now move to 

13   reconsider the vote by which this bill was 

14   passed.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll on reconsideration.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 61.

19                SENATOR VALESKY:   I now offer the 

20   following amendments.

21                ACTING PRESIDENT GRIFFO:   The 

22   amendments are received.

23                Senator DeFrancisco.

24                SENATOR DeFRANCISCO:   There is now 

25   being handed out a supplemental active list, 


                                                               3931

 1   which we will stand at ease until everyone has a 

 2   chance to take a look at it.  But it's basically 

 3   the bills we just reported out from the Rules 

 4   Committee.

 5                The plan is to go through the 

 6   noncontroversial reading, and hopefully there 

 7   will be nothing controversial so we can leave 

 8   after that.

 9                (Pause.)

10                ACTING PRESIDENT GRIFFO:   Senator 

11   DeFrancisco.

12                SENATOR DeFRANCISCO:   We now have 

13   Senate Supplemental Calendar 53B before us.  

14   Would you please do the noncontroversial reading.

15                ACTING PRESIDENT GRIFFO:   Okay, the 

16   Secretary will begin the reading of Senate 

17   Supplemental Calendar 53B, noncontroversial.

18                THE SECRETARY:   Calendar Number 

19   1715, by Senator Gallivan, Senate Print 91, an 

20   act to amend the Vehicle and Traffic Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3932

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 61.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1716, by Senator LaValle, Senate Print 490B, an 

 8   act to amend the Education Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 61.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1717, by Senator Avella, Senate Print 894A, 

21   Concurrent Resolution of the Senate and Assembly.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll on the resolution.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               3933

 1   Hamilton to explain his vote.

 2                SENATOR HAMILTON:   Mr. President, I 

 3   rise to explain my vote and the reason why I 

 4   think this is a good idea.  

 5                The Governor has a four-year term, 

 6   the President has a four-year term.  My City 

 7   Council in New York City has a four-year term.  

 8   And to run for reelection every two years, you 

 9   spend a lot of time on fundraising.  We have some 

10   races now where people are spending $5 million on 

11   the race.  

12                I think it's in the best interests 

13   of the public policy to not spend as much money 

14   on the races.  We leave our families more so than 

15   the City Council in New York City, who get paid 

16   $145,000 a year -- $148,000 a year.

17                I think we need reforms in the 

18   New York State Senate, but we shouldn't merge the 

19   two together.  They should be exclusive of each 

20   other.  

21                We have members in the chamber, 

22   before my time, who committed crimes who are no 

23   longer here.  Why should I be penalized for that?  

24                So all of a sudden now I think if 

25   you are a good Senator and you do a great job -- 


                                                               3934

 1   excuse me, Liz -- excuse me, excuse me --

 2                ACTING PRESIDENT GRIFFO:   Excuse 

 3   me, Senator Hamilton.  

 4                Can I have some order in the house, 

 5   please.

 6                SENATOR HAMILTON:   -- thank you.

 7                ACTING PRESIDENT GRIFFO:  

 8   (Gaveling.)

 9                SENATOR HAMILTON:   So as a Senator 

10   who handles 1200 or more constituent services a 

11   year, as a Senator who serves his constituents, 

12   they will reelect me if I vote for this.  I'm not 

13   voting on this bill because it's for me the sole 

14   benefit, but it's to save the public money from 

15   having elections every two years.  We will save 

16   so much money by not having elections every two 

17   years.  

18                And so I think if it's good for the 

19   Governor, if it's good for the President of the 

20   United States, if it's good for the City Council, 

21   then it's good for me.  It gives me more time not 

22   raising money, but more time doing public work 

23   for constituents in my community.

24                So I'm going to have to vote yes on 

25   this bill.  It's a no-brainer for me.  My 


                                                               3935

 1   constituents believe in what I'm doing, they 

 2   believe in me, so I'm voting for this bill.  I 

 3   think it's a bill that we should be in the same 

 4   cycle as the Governor and have four years.  

 5                So I have to say I'm voting for this 

 6   bill, I think it's a great bill.  It will save us 

 7   a lot of money.  Before, people expressed concern 

 8   about having elections together.  Now all of a 

 9   sudden we can have more elections together, but 

10   we don't want to vote on this.

11                So I -- I don't know, I guess it's 

12   good sometimes, it's not good the other times for 

13   yourself.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Hamilton, how do you vote?  

16                SENATOR HAMILTON:   I vote yes.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Hamilton to be recorded in the affirmative.

19                Announce the results.

20                THE SECRETARY:   In relation to 

21   Calendar Number 1717, those recorded in the 

22   negative are Senators Akshar, Bonacic, Boyle, 

23   Croci, DeFrancisco, Gallivan, Gianaris, Griffo, 

24   Hoylman, Kaminsky, Latimer, Little, Murphy, 

25   Nozzolio, Ortt, Ranzenhofer, Ritchie, Robach, 


                                                               3936

 1   Serino, Seward, Squadron, Stavisky, 

 2   Stewart-Cousins, Venditto and Young.

 3                Ayes, 36.  Nays, 25.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   resolution is adopted.

 6                THE SECRETARY:   Calendar Number 

 7   1718, by Senator Golden, Senate Print 1471, an 

 8   act to amend the Insurance Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 9.  This 

12   act shall take effect on the 270th day.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 60.  Nays, 1.  

17   Senator DeFrancisco recorded in the negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1719, by Senator Little, Senate Print 1913A, an 

22   act to amend the Real Property Tax Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3937

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 61.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1720, by Senator Griffo, Senate Print 2264, an 

10   act establishing.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 7.  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, 61.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1721, by Senator Golden, Senate Print 3288A, an 

23   act to amend the Public Health Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3938

 1                THE SECRETARY:   Section 3.  This 

 2   act shall take effect on the 120th day.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 60.  Nays, 1.  

 7   Senator Perkins recorded in the negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1722, by Senator Lanza, Senate Print 3344B, an 

12   act to require.

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, 61.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1723, by Senator Young, Senate Print 4089C, an 

25   act to amend the Education Law.


                                                               3939

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Stavisky to explain her vote.

10                SENATOR STAVISKY:   Yes, I'm going 

11   to vote for this bill, but I would encourage the 

12   sponsor to include other colleges and 

13   universities that are part of the SUNY system 

14   that are close to our neighboring states, because 

15   I think they could benefit also.

16                Thank you.  I vote aye.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Stavisky to be recorded in the affirmative.

19                Announce the results.

20                THE SECRETARY:   Ayes, 61.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1724, by Senator Seward, Senate Print 4540A, an 

25   act to amend the Insurance Law.


                                                               3940

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 5.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   In relation to 

 9   Calendar 1724, those recorded in the negative are 

10   Senators Hoylman, Krueger, Perkins and Squadron.

11                Ayes, 57.  Nays, 4.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1725, by Senator O'Mara, Senate Print 4645A, an 

16   act in relation to authorizing.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 61.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3941

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1726, by Senator Golden, Senate Print 4741B, an 

 4   act to amend the Education Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  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, 61.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1727, by Senator Murphy, Senate Print 4809A, 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, 61.


                                                               3942

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                Calendar Numbers 1728, by Senator 

 4   Martins, and 1729, by Senator Martins, do not 

 5   have home-rule messages at the desk.  

 6   Accordingly, they will be laid aside for the day.

 7                That brings us to Calendar 1730.

 8                THE SECRETARY:   Calendar Number 

 9   1730, substituted earlier by Member of the 

10   Assembly Abbate, Assembly Print Number 7146A, an 

11   act to amend the Retirement and Social Security 

12   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, 61.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                Calendar Number 1731 also requires a 

24   home-rule message, which is not present at the 

25   desk.  Accordingly, the bill will be laid aside 


                                                               3943

 1   for the day.

 2                Calendar 1732.

 3                THE SECRETARY:   Calendar Number 

 4   1732, by Senator Hannon, Senate Print 6081A, an 

 5   act to amend the Public Health Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 5.  This 

 9   act shall take effect on the 180th day.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 61.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                Calendar Number 1733 also does not 

17   have a home-rule message present at the desk.  

18   Accordingly, it will be laid aside for the day.

19                Calendar Number 1734.

20                THE SECRETARY:   Calendar Number 

21   1734, by Senator Avella, Senate Print 6827A, an 

22   act to amend the Election Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 3.  This 


                                                               3944

 1   act shall take effect on the first of December.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 60.  Nays, 1.  

 6   Senator DeFrancisco recorded in the negative.  

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1735, substituted earlier by Member of the 

11   Assembly Lupardo, Assembly Print 9310A, an act to 

12   amend the Agriculture and Markets Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 5.  This 

16   act shall take effect on the 30th day.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 61.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1736, by Senator Amedore, Senate Print 6987, an 

25   act to amend the Tax Law.


                                                               3945

 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, 60.  Nays, 1.  

 9   Senator Gallivan recorded in the negative.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   1737, substituted earlier by Member of the 

14   Assembly Lopez, Assembly Print 9646, an act to 

15   amend Chapter 218 of the Laws of 2009.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 60.  Nays, 1.  

24   Senator Kaminsky recorded in the negative.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3946

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1738, by Senator DeFrancisco, Senate Print 7057A, 

 4   an act to amend the Penal Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 4.  This 

 8   act shall take effect on the first of November.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 61.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   1739, by Senator Young, Senate Print 7307A, an 

17   act to amend the Public Health Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 61.


                                                               3947

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1740, by Senator Montgomery, Senate Print 7343, 

 5   an act to authorize.

 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, 60.  Nays, 1.  

14   Senator Bonacic recorded in the negative.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1741, by Senator Gallivan, Senate Print 7511, an 

19   act in relation to establishing.

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.


                                                               3948

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 61.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1742, by Senator Lanza, Senate Print 7608A, an 

 7   act to amend the State Finance 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, 61.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                Calendar Number 1743 requires a 

19   home-rule message, which is not present at the 

20   desk, so the bill will be laid aside for the day.

21                That brings us to Calendar 1744.

22                THE SECRETARY:   Calendar Number 

23   1744, substituted earlier by Member of the 

24   Assembly Peoples-Stokes, Assembly Print 10296, an 

25   act to amend the State Finance Law.


                                                               3949

 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, 61.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1745, by Senator Lanza, Senate Print 7876, 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 on the first day of the 

18   sales tax quarterly period.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3950

 1   1746, by Senator DeFrancisco, Senate Print 7892, 

 2   an act to amend the State Finance Law.

 3                SENATOR GIANARIS:   Lay it aside.

 4                SENATOR DeFRANCISCO:   Lay it aside 

 5   for the day, please. 

 6                ACTING PRESIDENT GRIFFO:   Lay the 

 7   bill aside for the day.

 8                THE SECRETARY:   Calendar Number 

 9   1747, by Senator DeFrancisco, Senate Print 7893, 

10   an act to amend the State Finance Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:  Section --

14                SENATOR GIANARIS:   Lay it aside.

15                SENATOR DeFRANCISCO:   Lay it aside 

16   for the day, please.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is laid aside for the day.

19                THE SECRETARY:   Calendar Number 

20   1748, by Senator Hassell-Thompson, Senate Print 

21   7924, an act authorizing.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 5.  This 

25   act shall take effect immediately.


                                                               3951

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 61.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                Calendar Numbers 1750 and 1751 are 

 8   high and are therefore ineligible for 

 9   consideration.

10                Senator DeFrancisco, that completes 

11   the noncontroversial reading of the today's 

12   Supplemental Senate Calendar 53B.

13                SENATOR DeFRANCISCO:   And we'll 

14   take up the controversial reading on this 

15   calendar tomorrow.

16                Could we return to motions and 

17   resolutions.

18                ACTING PRESIDENT GRIFFO:   We will 

19   return to motions and resolutions.

20                SENATOR DeFRANCISCO:   On page 

21   number 60, I offer the following amendments to 

22   Calendar 1571, Senate Print 6949B, by Senator 

23   Gallivan, and ask that said bill retain its place 

24   on the Third Reading Calendar.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               3952

 1   amendments are received, and the bill shall 

 2   retain its place on third reading.

 3                Can I have some order in the house, 

 4   please.  

 5                Senator DeFrancisco.

 6                SENATOR DeFRANCISCO:   Is there any 

 7   further business at the desk?  

 8                ACTING PRESIDENT GRIFFO:   There is 

 9   no further business present at the desk.

10                SENATOR DeFRANCISCO:   There being 

11   none, I move to adjourn until Wednesday, 

12   June 15th, at 11:00 a.m., 11:00 a.m.

13                ACTING PRESIDENT GRIFFO:   On 

14   motion, the Senate will stand adjourned until 

15   Wednesday, June 15th at 11:00 a.m. 

16                The Senate will stand adjourned.

17                (Whereupon, at 9:13 p.m., the Senate 

18   adjourned.)

19

20

21

22

23

24

25